DINESH LALWANI Vs. D.S.I.D.C
HIGH COURT OF DELHI
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S.RAVINDRA BHAT -
(1.) HEARD learned counsel for the parties.
(2.) THE petitioner seeks a direction that the allotment of an industrial plot by the respondent should be restored and possession be handed over.
The petitioner was an applicant in a scheme formulated by the respondent
corporation for allotment of an alternative industrial plot.
The facts are not in dispute; further to a judgment of the Supreme Court, industrial units engaged in manufacturing activities in
non-confirming areas i.e. those in violation of the Delhi's Master Plan
were directed to shut down activity with effect from 31.12.1996. The
court had also directed the formulation of a scheme for allotment of
alternative plots. The Government of NCT of Delhi framed a scheme that
was to be implemented by the respondent corporation. The petitioner
applied for a plot measuring 300 sq. yards on 26.12.1996. The DSIDC
allotted an industrial plot measuring 200 sq. meters at a tentative cost
of Rs. 3000/- per sq. meter to the petitioner on 25.4.2000. The
petitioner admittedly deposited Rs. 92,700/- on 3.8.2000. Subsequently,
he made further payments. The DSIDC, on 23.10.2000 informed him of his
success in the draw of lots held by it on 12.10.2000 and allotted an
industrial plot at a revised cost of Rs. 4200/- per sq. meter. He was
asked 10% payment of the cost of the plot on revised rate in case the 20%
of the original estimated cost which was not deposited.
(3.) THE petitioner however did not make any deposit because according to him the payment made was more than the original estimated cost. It is
claimed that the petitioner made enquiries and also visited the web-site
of the respondent and against his name an amount of Rs. 2,02,008/- was
shown as having been paid. He subsequently learnt that the respondents
were taking the position that his allotment has been cancelled.;
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