N.VENKATACHALA - (1.) THIS appeal by special leave is directed against the Order dated 1-2-1985 by which Writ Petition, C.W.P. No. 1264 of 1984 of the appellants was dismissed by the Delhi High Court.
(2.) BRIEFLY stated, the facts are :- Shori Lal and his minor sons were among those who migrated from Pakistan to India after its partition in 1947. In the year 1949 Shori Lal occupied 177 square yards of Government land out of Plot No. 10242, Motia Khan, Paharganj, Delhi for setting up a business in iron and steel under the name of his proprietory concern M/s. Shori Lal & Sons. In the year 1956, Shori Lal's proprietary concern M/s. Shori Lal & Sons became partnership firm since Shori Lal's first son, Krishan Kumar (Appellant-2), who on attaining the age of majority, was admitted as its partner. Shori Lal's second son, Manmohan Lal was also admitted as the partner of M/s. Shori Lal & Sons in the year 1962 when he attained the age of majority. In the meantime 322 square yards of land out of Plot No. 10242, Moti Khan, lying on the rear side of the land of 177 square yards of land, where M/s. Shori Lal & Sons carried on its iron & steel business came to be occupied by it in the name of its partner Krishan Kumar for its godown. However. M/s. Shori Lal & Sons carried on its iron business in the said two places under a single Sales Tax number and by paying damages for occupation of both the lands in its name. Delhi Development Authority (DDA) for purposes of assessing damages recoverable for 322 square yards of land in Plot No. 10242, Motia Khan, treated that land as Premises No. 117 and opened a file therefore as No. D/JH/ KM-117. Further DDA for purposes of assessing damages recoverable for 177 squares yards of land in Plot No. 10242, Moti Khan, treated that land as Premises No. 115 and opened a file therefor as No. DJ/JH/KM-115. However, in the year 1975, DDA in its endeavour to clear up government land at Motia Khan, Delhi where iron & steel businesses were carried on by various persons and firms occupying it unauthorisedly, sought to allot to such persons and firms alternate plots for their businesses in the area covered by Naraina Warehousing Scheme. Sizes of alternate plots which were to be allotted to persons and firms, ready to shift from their plots in government land at Motia Khan, by vacating them, had to be done according to the following criteria: JUDGEMENT_320_3_1995Html1.htm On applications made to DDA for obtaining such allotment, Plot No. X-70 of 200 sq.yds. in Naraina Warehousing Scheme was allotted on 21-7-1975 in lieu of Premises No. 115 measuring 177 sq.yds. in Motia Khan and Plot No. Y-5 of 450 sq.yds. in Naraina Warehousing Scheme was allotted on 25-7-1975 in lieu of both Premises No. 117 measuring 322 sq.yds. of land in Motia Khan and Premises No. 115 measuring 177 sq.yds. of land in Motia Khan.
(3.) BUT, on complaints received at a latter stage when it was discovered by DDA that Plots Nos. X-70 and Y-5 in the Naraina Warehousing Scheme allotted in lieu of extents of lands in Premises Nos. 117 and 115 in Motia Khan, had an extent of land far in excess of the extent of the land to the allotment of which appellants were entitled under the settled criteria and such allotment of excessive land had been obtained by Appellant-2 by practising fraud on it, the DDA sought to withdraw the allotment of Plot No. X-70 of 200 sq.yds. in the Naraina Warehousing Scheme made in favour of the appellants. When the DDA sent the communication dated 5-5-1984 to the appellant about the withdrawal of such allotment and the retaking of possession of Plot No. X-70, the appellants challenged the validity of that communication, by filing writ petition, C.W.P. No. 1264 of 1984 in Delhi High Court. BUT the High Court dismissed that Writ Petition by its order dated 1-2-1985. It is the question of sustainability of that order of the High Court which arises for consideration in the present appeal by special leave filed by the appellants adverted to at the outset. Since the arguments advanced before us in the present appeal were founded on certain orders made by this Court earlier, reference to them has become necessary. First order made by this Court on 17-9-1985 relates to issue of Notice on S.L.P. confining it for consideration of the question of cancellation of allotment of Plot No. X-70. Another order made by this Court on the S.L.P. on 18-12-1985 reads: "The matter is adjourned for one month to enable Dellhi Development Authority to take appropriate action on a uniform basis against all the persons mentioned in paragraph 24 of the Special Leave Petition and the additional affidavit dated 6-9-85. The Delhi Development Authority cannot discriminate between persons belonging to the same class and equally situated. The report shall be submitted by DDA within a month in this respect. The matter shall be listed on 27/01/1986." ;