Delhi High Court
Ashok Chitkara vs Govt. Of Nct Of Delhi & Another on 6 November, 2009
Author: Sanjiv Khanna
12.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7454/2009
% Date of decision: 6th November, 2009
ASHOK CHITKARA ..... Petitioner
Through Ms. Shantha Devi Raman, Advocate.
Versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through Ms. Aruna Tiku, Additional Standing
Counsel for GNCTD.
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 ?
ORDER
1. The petitioner has now been allotted a plot No. S-30,
measuring 400 square yards, Okhla Industrial Area, Phase-II, New
Delhi. The petitioner had originally asked for allotment of plot
measuring 300 square yards and had made payment of the same in
the year 1983. Possession to most of the applicants under the
scheme floated by Industries Department of Delhi administration
was given in the year 1983-84 but some of the plots could not be
allotted as they were encroached upon by jhuggi jhopri dwellers.
The petitioner was one of them.
WPC NO.7454/2009 Page 1
2. In 1990, keeping in view the encroachment and non-
availability of land, four suitable industrial plots in S block, Okhla
Industrial Area, Phase-II were carved out and after approval from
the Lt. Governor, draw of lots was held on 6th January, 1997. The
petitioner's name was also included in the said draw of lots. This
draw of lots was made subject matter of challenge in two writ
petitions filed in this Court by Analog System and Dr. Kusum
Manchanda. Interim stay orders were passed in the writ petitions
and no allotment could be done. These orders were partly modified
vide orders dated 24th January, 2003 and 10th March, 2003. By
order dated 10th March, 2003, the respondents were permitted to
make allotment in terms of the draw of lots held on 6 th January,
1997, subject to final orders in the two writ petitions.
3. The writ petition filed by Analog Systems was finally
disposed of vide order dated 22nd May, 2006 with the directions that
the respondents will allot plot No. S-87 to Analog System, plot No.
S-17 to Mr. Shyam Gupta, plot No. S-61A to Mr. Gyanesh
Chaudhary and plot No. S-30 to Mr. Ashok Chitkara, the petitioner
herein. This was a consent order. The writ petition, therefore, came
to an end and was disposed of. The respondents thereafter made the
relevant allotments and have charged Rs.41,180/- per square meter
for the additional 100 square yards of land allotted to the petitioner.
4. The petitioner objects to this rate of Rs.41,180/- per sq.mtr.,
which has been charged for the additional 100 square yards of land.
She submits that the petitioner should be charged rates as applicable
in 1997 or rate of Rs.27,680/- mentioned by DDA in their letter
dated 9th November, 2006.
WPC NO.7454/2009 Page 2
5. The rate of Rs.41,180/- p.sq.mtr. charged from the
petitioner for the 100 square yard of land is substantially lower than
the market rate. This allotment of additional land is to the advantage
and gain of the petitioner. The petitioner had originally applied for
300 square yards of land and an additional area of 100 sq.yds.has
now been allotted to him. The price is charged as on the date of
allotment and is a reasonable price. 1997 rates cannot be charged as
there was litigation by third parties and even stay orders were
passed. Writ Petition filed by Analog Systems was disposed of in
May, 2006 and thereafter allotments were made and possession was
given. Rates as applicable in 2007-08 have been charged for the
additional area. I see no reason to interfere with the present price
charged. The writ petition is accordingly dismissed. It is, however,
noted that the petitioner is already in possession of the industrial
plot. The petitioner is given liberty to apply for NOC to carry out
construction on the land.
SANJIV KHANNA, J.
NOVEMBER 06, 2009
VKR/P
WPC NO.7454/2009 Page 3
