Jai Bhagwan Goel Dal Mill & Others vs D.S.I.I.D.C. Ltd & Another
2009 Latest Caselaw 2713 Del

15.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 5577/2008

                                      Date of deicison: 20th July, 2009

      JAI BHAGWAN GOEL DAL MILL & ORS              ..... Petitioners
                    Through Mr. R.P. Jain, Advocate.

                    versus

      D.S.I.I.D.C. LTD. & ANR                         ..... Respondents
                         Through Ms. Renuka Arora, Advocate for
                         respondent No. 1.
                         Ms. Akanksha Sharma, Advocate for Ms. Ruchi
                         Sindhwani, Advocate for respondent No. 2.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

      1. Whether Reporters of local papers may be
      allowed to see the judgment?
      2. To be referred to the Reporter or not ?
      3. Whether the judgment should be reported
      in the Digest ?


                               O R D E R

%

1. The petitioner, M/s Jai Bhagwan Goel Dal Mills, a partnership firm,

claims that they had two separate industrial units located at khasra No.

570, village Bakoli, Delhi and khasra No. 544/1, village Bakoli, Delhi. The

petitioner claims that the industrial unit at khasra No. 570 was for

processing of „mansoor pulse‟ while the unit at khasra No. 544/1 was for

processing of „moong pulse‟.

W.P. (C) No. 5577/2008 Page 1

2. It is stated by the petitioner that the two units were located in non-

conforming/residential areas and were asked to be removed/relocated in

terms of directions issued by the Supreme Court in order dated 30 th

October, 1991. Consequent thereupon, Government of NCT of Delhi

issued public notice dated 27th November, 1996 inviting applications for

allotment of industrial plots/flats for relocation of industries from

residential or non-conforming areas to conforming use areas.

3. The petitioner filed two applications for allotment of two separate

industrial plots being application Nos. 17547 and 17549. They separtely

deposited Rs.1,20,000/- each towards earnest money.

4. The respondent-Delhi State Industrial and Infrastructure

Development Corporation Limited (DSIDC, for short) was given

responsibility to process the applications and to make allotments. The two

applications filed by the petitioner were processed by them and eligibility

letters dated 25th April, 2000 were issued in respect of both applications

asking the petitioner to make payment of Rs.1,05,000/- each. In the draw

of lots held on 7th May, 2004, the petitioner was allotted two industrial

plots measuring 250 square metres each at a fixed pre-determined price of

Rs.4,200/- per square metre. In respect of application No. 17547, the

petitioner was allotted plot bearing No. 65, Sector-4, Pocket C, at Bawana,

Delhi and in respect of application No. 17549, the petitioner was allotted

plot No. 2, Sector-2, Pocket-E, at Bawana, Delhi.

W.P. (C) No. 5577/2008 Page 2

5. In view of the two allotments, the petitioner also deposited the

payments as demanded. However, the petitioner was not handed over

possession of the two plots and vide letter dated 8th November, 2006, the

petitioner was informed that he can be allotted only one plot of the

maximum area. The relevant portion of the said letter reads as under:-

" This is for your information that two units for which you have applied vide application No. 17549 and 17547 are having same title, same partners having same Municipal Certificate tentamounts(sic) to multiple applications filed by same unit. As under provisions of relocation policy only one plot can be allotted to such units after clubbing the requirement of two, against which only one plot of maximum area can be allotted to the unit.

You are therefore requested to give your option, as to which one of the two plots you will like to retain so that the remaining plot may be cancelled.

An early reply shall be appreciated so that the possession of the plot of your choice can be given at the earliest."

6. There is no doubt that the respondents should have been careful

while processing the applications and should not have issued eligibility

letters and allotment letters in respect of two plots. The petitioner was

made to arrange for funds to make payments for the two plots. In this

connection, the petitioner is right in contending that the application form,

which was filed by the petitioner way back in 1996 did not contain any

W.P. (C) No. 5577/2008 Page 3 specific condition or term that multiple applications cannot be made and

the person who has separate industrial units cannot file separate

applications for allotment of separate plots. However, at the same time, it

cannot be ignored that large number of industrial units, which were

operating from non-conforming/residential areas had to be accommodated

and plots available were limited. The plots were being allotted at a pre-

determined price, which was much lower than the market price. Maximum

number of persons eligible were to be accommodated.

7. The respondents have placed on record Office Memorandum dated

20th July, 1999 regarding implementation of Cabinet decision dated 7 th

June, 1999 and the decision taken during the 3rd meeting of the High

Powered Project Implementation Committee in respect of Relocation

Scheme. In the said memorandum it is stated as under:-

"(vii) Units which are functioning from more than one premises and submitted separate applications in respect of each premises, the requirement of plot area of all the locations should be clubbed together and if it exceeds 400 sq.mtrs. then the provisions proposed for larger units should be applied."

8. It is clear from the aforesaid paragraph that where separate units

were functioning even from different premises, the requirement of the plot

and need for relocation were required to be clubbed together. If the total

area exceeded 400 sq.mts. provisions applicable for larger units were to be

applied.

W.P. (C) No. 5577/2008 Page 4

9. The respondent-DSIDC ultimately could not allot plots of 400

square metres. Due to large number of applications and the plot size was

restricted and reduced to 250 square metres. The aforesaid decision has

been taken by the respondents in larger public interest keeping in view the

scarcity of land, number of applications and with a view to provide

alternative industrial plots to maximum number of applicants, who were

required to shift.

10. In this connection, it may be appropriate to mention that in the

application form itself in paragraph 7(i) relating to mode of allotment, the

respondents had reserved their right as to allocation of plots. The relevant

portion of the application form reads as under:-

"7. Mode of Allotment:

i) In case the number of eligible applications is very large, decision of Commissioner of Industries as to the suitability of a particular unit and the area/locations where a unit should be relocated will be final and binding.

ii) The Commissioner of Industries reserves the right to accept/reject any/all applications or alter any of the conditions under which these applications have been invited without assigning any reason. No correspondence in this regard will be entertained."

11. Thus the respondents had retained right to decide about allocation

and allotment of plots, depending upon number of eligible application etc.

and also had the right to reject applications albeit, for valid and good

reasons.

W.P. (C) No. 5577/2008 Page 5

12. The last contention raised by the petitioner was with

reference to a note in the application form under the heading guidelines.

The said guidelines and the note read as under:-

"GUIDELINES (Columnwise)

1. In Column No. 1 of the Application Form, Code Numbers of the category of industry as per details given below be indicated:-

Sl. No.            Category of Industry                        Code No.




4.           Textile and Textile based wearing apparels              04

6.           Auto Parts, Light Engineering and Service industries    06
7.           Printing, Paper Products and allied packaging           07

12. Furniture, Fixtures, and other wood based

13. Petroleum based products & Plastics Processing 13

17. Others, not classified elsewhere including

(Please note that if a single application is made for more than one group, it will be automatically rejected)."

13. The guidelines had bifurcated various industries into 17 different

categories. An applicant applying for alternative plot for resettlement was

to specify the category of industry as per the code number assigned in the

application form. The note in the said application form stipulates that only

one code number can be given in the application form. An application

W.P. (C) No. 5577/2008 Page 6 with two or more codes would be rejected. Thus, each applicant was

required to specify one industry as per the category mentioned in the

guidelines. The applicant could not make an application for two or more

categories. In case, it is not possible to accept the contention of the

petitioner that the note indicates that the applicant could make multiple

applications and were entitled to allotment of multiple plots. This is not

stated in the said note and does not logically flow from the said note.

14. The petitioner has been allotted one plot of 250 square metres,

which is the maximum size of the plot under the Relocation Scheme.

15. The respondents in their counter affidavit have also stated that the

municipal licence relied upon in the two applications is the same and

mentions the same address and, therefore, it is not correct that the

petitioner had two units operating from two separate addresses. Learned

counsel for the petitioner states that the municipal licence was obtained

only for one unit but there was evidence to show that the second unit was

also functioning. I need not examine this issue in view of the discussion

above and the decision of the respondent in terms of Cabinet meeting held

on 6th July, 1999 and 3rd meeting of the High Powered Project

Implementation Committee as mentioned in the order/guideline dated 20 th

July, 1999.

16. In response to the letter dated 8th November, 2006, the petitioner

W.P. (C) No. 5577/2008 Page 7 without prejudice to their rights and entitlement, exercised their option

and have taken possession of plot bearing No. 65, Sector-4, Pocket C, at

Bawana, Delhi. The amount deposited by the petitioner in respect of the

other plot has been refunded to the petitioner by the respondents.

17. Learned counsel for the respondent, at this stage, states that the

petitioner has returned the said cheque. The respondents will revalidate

or issue a new cheque and refund the amount paid by the petitioner

against the application No. 17549 within a period of three weeks from

today by sending the said cheque by registered post.

In view of the above, I do not find any merit in the present writ

petition and the same is dismissed.

SANJIV KHANNA, J.

      JULY 20, 2009
      VKR/NA/P




W.P. (C) No. 5577/2008                                               Page 8