Pratap Singh vs Municipal Corporation Of Delhi ...
1994 Latest Caselaw 489 Del

JUDGMENT

Anil Dev Singh, J.

(1) Rule D.B.

(2) By this writ petition, the petitioner seeks, inter alia, a direction to the respondents to deliver to' him possession of plot No. AW-415 measuring 55 sq. mtrs situate at Sanjay Gandhi Transport Nagar, G.T. Karnal Road, Samai Pur Badli, Delhi.

(3) Brief facts giving rise to this petition are as under : The first respondent, which is the Municipal Corporation of Delhi, invited applications for allotment of plots of land in the proposed Transport Nagar which was to be developed at Wazirabad, Delhi. Pursuant thereto, in the year 1976, the petitioner applied for allotment of a plot of 55 sq.metres. However, the project was shelved and the applicants were allowed to withdraw the amounts deposited for the purposes of registering their applications. These facts emerge from the notice dated February 4,1984 which was received by the petitioner from the first respondent (Annexure D to the writ petition). This very notice also states that it was decided to consider all persons who had previously applied in the year 1976 for allotment of plots in the proposed Sanjay Gandhi Transport Nagar, G.T. Karnal Road, Sarnai Pur Badii, Delhi. The petitioner was asked to deposit a sum of Rs. 8,500.00 as registration fee within 10 days of the receipt of the notice. The registration fee was for a plot of 55 sq. mtrs as is apparent from the subject matter of the letter. Pursuant to the demand the said amount was deposited by the petitioner. Subsequently, there have been further deposits by the petitioner. On January 8,1986 the petitioner was informed by the first respondent that the claims of all the applicants of 1976 will be scrutinised by a Screening Committee and these applicants will be treated as forming a special category for the purposes of allotment in the first phase before allotment to any other applicant. The petitioner was also asked to deposit the necessary documents supporting his claim for allotment. Thereafter, on January 24,1987 the petitioner received an intimation from the first respondent (Annexure A to the writ petition) about the allotment of plot No. AW- 415 measuring 55 sq. mtrs in his favor. However, on July 12,1991, the first respondent passed a resolution to allot plots to the applicants who were registered in' 1976 subject to their eligibility being established as per following policy: "THOSE firms or individuals who applied for plots in 1976 are now in the relevant trade will be eligible for allotment of godown/workshop/plots of the area applied for:.However allotment for running shops like tea stalls, Dhabas and other trades will be for the uniform size of 17.5 sq. mtrs."

(4) It is this resolution which has been impugned by the petitioner in the writ petition as he was being deprived of his aforesaid plot of 55 sq. mtrs. On October 4,1991 this court directed notice to the respondents to show cause why rule nisi be not issued. In response to the show cause notice the respondents filed their reply. In the reply the respondents took the stand to the following effect: The applications for allotment of plots in the Transport Nagar were received in the year 1976 and earnest money was also paid but for administrative reasons the scheme was shelved and the applicants were allowed refund of their monies. The scheme was, however, revived in the year 1983-84 when land was made available by DDA. The policy guidelines for allotment of plots were contained in the letter of the Commissioner dated August 20,1986-Clause 7 of the policy provided that the allotment will be made to those applicants who were registered in 1976 subject to their eligibility being established as per the follow ing policy : "THOSE firms or individuals who applied for plots in 1976 are now in the relevant trade will be eligible for allotment of godown/workshop/plots of the area applied for; allotment for shops will be for the uniform size of 17.5 sq. mtrs. Lease may be executed accordingly"

(5) Since the petitioner was running an eating place (dhaba) he was entitled to a plot of 17.5 sq. mtrs only and at the time of allotment the policy guideline escaped notice and the petitioner was inadvertently allotted plot measuring 55 sq mtrs. Therefore, possession of the plot in question has not been given to the petitioner.

(6) After considering the respective stands, we find that there is no dispute with regard to the fact that the first respondent has received the entire consideration for plot in question from the petitioner. It is also not disputed that the allotment of the plot measuring 55 sq. mtrs. was made in favor of the petitioner on January 24, 1987. We also find that the allotment was made after necessary scrutiny by the screening committee. This fact would be evident from the letter of the first respondent dated January 8, 1986, whereby it was decided that the applicants of the year 1976 should be treated as a special category and their applications scrutinised by a screening committee for allotment in the first phase before allotment to other applicants of the subsequent years. Therefore, the stand of the first respondent that on survey the petitioner was found not eligible to a plot of 55 sq.mtrs. is not correct. The alleged policy on the basis of which the petitioner is being denied plot of 55 sq. mtrs is subsequent to : 1) The application of the petitioner for allotment of plot of 55 sq. mtrs ; 2) The letter of the first respondent dated February 4, 1984 whereby the petitioner was informed that all persons who had applied in the year 1976 will be considered for allotment of plots in Sanjay Gandhi Transport Nagar and the petitioner was asked to deposit Rs.8500.00 as registration fee for a plot of 55 sq.metres; and , 3) The letter of respondent dated January 8,1986 informing the petitioner that the applicants of the year 1976 will be considered as special category for allotment of plots and he was asked to deposit necessary documents in support of his claim. It also needs to be pointed out that the application of the petitioner was first accepted in the year 1976 and subsequently in the year 1984 when no such policy was in vogue. The first respondent having accepted the application of the petitioner and having received from him the entire amount of consideration for a plot of 55 sq.metres cannot now go back on its commitment.

(7) Accordingly, we are of the view that the petitioner is entitled to possession of plot No. AW-415, measuring 55 sq. mtrs situate in Sanjay Gandhi Transport Nagar, Samai Pur Badli, G.T. Karnal Road, Delhi. The respondents arc directed to deliver the possession of the plot to the petitioner within four weeks from the date of the receipt of the order. The writ petition succeeds and is disposed of in the above terms. No order as to costs.