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Supreme CourtDivision Bench(1989) 05 SC CK 0033

Bhagwati Plastics Industries vs Union of India (UOI) and Others

Supreme Court Of India · Decided on 5 May 1989 · Citation: AIR 1989 SC 1592 : (1989) 3 JT 19 : (1989) 1 SCALE 1530 : (1989) 1 SCC 551 Supp : (1989) 2 UJ 237

HON’BLE JUDGES
Ranganath Misra, J · M. N. Venkatachaliah, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 2701 of 1989 (Arising out of SLP (C) No. 8730 of 1988)

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Judgment

4 paragraphs · 410 words
1.

Special leave granted.

2.

The appellant carries on business in the name and style of Bhagwati Plastics Industries which was located in a tenanted premises at 11, Gadodia Road, Anand Parbat area within New Delhi and has now been shifted to 17 Gododia Road. The appellant contends that this is a non-conforming area for purposes of business according to the Master Plan and he was, therefore, entitled to the benefit of the scheme of the Delhi Development Authority (a respondent herein) under which the benefit of shifting of the factory from a non-conforming area to an alternate site to be allotted was permitted. The appellant made such an application in April 1976 and in due course deposited a part of the price. He also submitted a certificate from the Municipal Council of Delhi to the effect that his factory was located in a non conforming area. The appellant was intimated of allotment of a plot in Mangol Puri area but since the allotment was not specific the appellant again applied for specification thereof. Ultimately on 14.1.1988, the respondent directed refund of the money and on 22.3.1988, the appellant received a cheque for the sum. Thereupon he applied to Delhi High Court under Article 226 of the Constitution for a mandamus to the respondents that the appellant be allotted a suitable plot under the scheme on the basis of his application. The High Court by order dated May 2, 1988, dismissed the petition saying :

On 26th October, 1987 (Annexure-1) the DDA had informed the petitioner that the Anand Parbat area is conforming area. The petitioner states that a part of the area in Anand Parbat where his factory is located is not conforming area. We cannot accept this submission in the face of the DDA's statement that this is a conforming area. The petition is dismissed.

3.

The appellant has produced certain documents which show that the factory of the appellant is located in a non-conforming area. The Municipal Authorities have tried to explain their own document wherein the admission is contained. We are satisfied that this is a case which should have been examined on merit by the High Court. We accordingly set aside the order of dismissal of the writ petition and remit it to the High Court for a fresh disposal in accordance with law. The writ petition shall be taken to have been admitted. The appeal is allowed. There shall be no order for costs.