G S KASHYAP AND SONS Vs. DIRECTOR OF INDUSTRIES

JUDGEMENT

(1.) This petition under Article 228 of the Constitution of India seeks a writ of certiorari or other appropriate writ, order or direction quashing the order dated December 19, 1985 and appellate order dated Septemer 1, 1986 determining the lease of land bearing No. 238 in the lay-out plan of Okhla Industrial Estate, Phase III, measuring 2444 sq.yds. leased out to M/s. G.S. Kashyap & Sons by virtue of the perpetual lease-deed dated June 25, 1971.

(2.) The petitioners are having a factory in a non-conforming area according to the Master Plan of Delhi. Applications were invited by the Directorate of industries for an industrial plot in the Okhia Industrial Estate, Phase III, New Delhi available for allotment to industrial entrepreneurs of Delhi in the small scale industries and who were interested in shifiting their industries from non-conforming area to a conforming area. In pursuance of the application made by the petitioners, they were allotted tentatively a plot in the Okhia Industrial Estate, Phase III. The allotment of a plot in Okhla Industrial Estate, Phase III was confirmed in the letter dated November 7, 1969 in respect of plot No. 238, measuring 2444 sq yds. approximately. The petitioners were called upon to pay the premium as indicated in that letter. Subsequently, a lease-deed was executed on June 25, 1971. There were some proceedings about the cancellation of allotment and re-entry and the withdrawal of re-entry which need not detain us. By letter dated April 22, 1976 the cancellation of the allotment in favour of the petitioners was withdrawn and they were asked to complete the construction latest by August 30, 1976. In the meantime, the Urban Land (Ceiling and Regulation) Act, 1976 was enacted and enforced. The petitioners were allowed to construct the factory building on the aforesaid plot within one year from the date the exemption under the Urban Land (Ceiling & Regulation) Act, 1976 was received by them. The ceiling under the provisions of the said Act was ultimately removed and exemption granted on August 30, 1980 The petitioners however, after a lapse of about three years, made an application dated June II. 1983 for the grant of sanction to erect the building on the aforesaid plot. The sanction was granted by the Development Authority under Section 12 of the Delhi Development Act by letter dated August 22, 1983.

(3.) The respondents by show cause notice dated February 14, 1985 called upon the petitioners to show cause as to why the lease be not cancelled for violation of sub-clause ll(4)(a) of the lease-deed. It was mentioned that the period for construction had lapsed on August 29, 1984 but the lessee bad failed to complete the construction of the building and thus committed breach of covenants and conditions of the said lease deed.