YASHPAL MADAN Vs. GOVT OF NCT OF DELHI
HIGH COURT OF DELHI
GOVT OF NCT OF DELHI
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Badar Durrez Ahmed, J. -
(1.) These 16 petitions raise common issues, therefore, they are being disposed of by this common judgment. The pleadings are complete in Yashpal Madan & Others v. Govt. of NCT of Delhi & Anr., [WP(C) 10048-52/2004]. Therefore, the matters have been heard on the basis of the pleadings of this petition.
(2.) The petitioners had to shut down their industrial undertakings / units which were being run in Delhi in non-conforming areas / residential areas pursuant to orders passed by the Supreme Court in the case of M.C. Mehta v. Union of India: AIR 1996 SC 2231. The Supreme Court had directed the shutting down of industries in the non-conforming / residential areas and had also directed that the same be relocated in industrial areas. The DSIDC was made responsible for devising a scheme for relocation of such non-conforming industries / undertakings which were running prior to 1996. The relocation scheme was introduced in 1996 itself. Thereafter, the respondents invited applications from eligible persons in 1996 for allotment of industrial plots in authorised industrial areas developed / to be developed by the authorities for the purposes of relocating the industrial units. The petitioners are all applicants pursuant to the said policy.
(3.) The petitioners applied for industrial plots at the Narela Industrial Complex developed by DSIDC. The DSIDC brought out a brochure in respect of the said relocation scheme of 1996. Annexed to the brochure was the proforma of the application form which was to be submitted by the applicants. An instruction sheet for filling in the application form was also annexed to the application form. This contained the guidelines. Undef the heading "General", paragraph 1 prescribed the eligibility conditions as under:-
"GENERAL: 1. Eligibility: (i) Non-conforming industrial units working in residential and / or other non-conforming areas which are non-hazardous, non-noxious, and non-polluting shall be considered for allotment of flatted factory / industrial plot for relocation. (ii) No new industrial unit shall be considered for allotment in the Flatted Factory Complexes / Industrial areas proposed to be developed." Paragraph 4 thereof provided for the location of industrial flats / plots and the same read as under:- ''Location of Industrial Flats / Plots: (i) The Department of Industries, Govt. of N.C.T. of Delhi proposes to construct and allot flats having floor area of about 50 sq. mtrs. In the four storeyed blocks of flatted factories complexes being set-up at the following locations for specific group of industries mentioned tentatively against each on self-financing basis:-
(ii) Industrial Plots measuring 100 to 400 sq. mtrs. And flatted factories having floor area of about 50 sq. mtrs. Are also proposed to be developed / constructed and allotted at new locations in North Delhi. (iii) Industrial Unit who do not need water for their manufacturing activities and require upto 7.5 KW only shall be considered for allotment in the Flatted Factory Complexes. (iv) If an applicant unit is in possession an industrial area plot / shed / flat in approved industrial area of Delhi in his own name in case of proprietary concern, in the name of any of the partners in case of partnership firm or in the name of any of the Directors in case of a Pvt. Ltd./Ltd. Company, it shall not be considered for allotment of industrial accommodation under this Scheme of relocation. Such units shall have to close down and shift to the premises already in their possession in the approved industrial area. Similarly, if an applicant unit had been allotted plot under earlier shifting programme of D.D.A. but is still continuing activities in the residential/non-conforming area then he shall not be considered for allotment under this Scheme." Paragraph 5, which is the bone of contention in the present petitions, is concerned with the estimated cost of industrial flats / plots. The same reads as under: "5. Estimated Cost of Industrial Flat/Plot The estimated cost of one flatted factory shall be around Rs. 7.0 lakhs and that of industrial plot shall be approx. Rs. 3,000/- per sq. mtr. These are only estimated figures and are subject to changes depending upon the cost of acquisition, cost of construction/development, location of flatted factory complexes/industrial area, other inputs etc." (underlining added);
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