- (1.) PERMISSION to file rejoinder stands rejected. This is an application by the industry concerned, Hindustan Vegetable Oil Corpn. Ltd. praying that since the land measuring 1.20 acres on the other side of the factory premises was not being used for any other purpose other than having a staff quarter, the question of handing over the same to Delhi Development Authority pursuant to this Court's order does not arise.
(2.) MR Saharya appearing for Delhi Development Authority, on the other hand, contended that the order of this Court is clear and categorical that all the lands belonging to hazardous factories, which are being closed down and relocated, are required to be handed over to DDA, and therefore, this land measuring 1.20 acres belonging to the factory and situated just abutting the other side of the road should also be treated as a part and parcel and appurtenant to the factory and should be handed over. After perusing the order dated 10-5-1996 passed by this Court we find much force in the contention of the learned counsel appearing for the industry in question. Since, admittedly, the land measuring 1.20 acres was not being utilised by the factory in any of these manufacturing processes but merely if residential quarter was there and the factory was closed down by the orders of this Court, having been held to be a hazardous industry, we see no justification for requiring the industry to hand over this land of 1.20 acres also.
(3.) WE ; therefore, direct that in the present facts and circumstances of the case, Hindustan Vegetable Oil Corpn. Ltd. should hand over the two acres of land only on which the factory premises stood.;