Mohindera Goods Carriers and Another vs Municipal Corporation of Delhi

Manmohan Sarin, J.—By this common judgment, we are deciding two writ petitions, bearing WP(C) No. 2264/1987 and WP(C) No. 2265/1987. In the first petition, petitioners seek a writ of certiorari for quashing the demand at Rs. 500/- per sq. meter and a mandamus to the respondent-Corporation for allotment of second plot covered by file No. 179/440 for which payment of Rs. 1,18,800/- as demanded by the respondent-Corporation had earlier been made. Petitioner also seeks a restraint on the respondent-Corporation from demanding or charging amounts mentioned in Annexure ''H'' annexed with the petition by which respondent has demanded a sum of Rs. 1,02,322/- as balance payment from the petitioner.

Mr. Arya Girdhari, learned Counsel for the petitioner submits that petitioner firm i.e. M/s. Mohindera Goods Carriers had the following partners, when scheme for alternate allotment of plots at Sanjay Gandhi Transport Nagar was introduced:

Mr. Harmohinder Singh 2. S. Jagjit Singh 3. S. Gurbachan Pal Singh 4. S. Inderjit Singh (since deceased) 5. S. Joginder Singh - do -

Learned Counsel for the petitioner, in view of the judgment of the learned Single Judge in WP(C) No. 833/1999 and other connected writ petitions titled Sanjay Gandhi Transport Nagar Sufferer Plot Holders Association and Ors. v. Municipal Corporation of Delhi dated 23rd October, 2002 and the order of the Division Bench in WP(C) 1648/1989 dated 21st March, 2001, does not press the claim as regards allotment at tentative rates initially indicated at the time of introduction of the scheme and is willing for payment of the rates as currently applicable and demanded by the MCD (January, 1987). Petitioner also accepts to abide by the Policy, relevant extract of which is as under:

Applicants, qualified by criteria (a) and (b) above will all be given one plot each plot in lieu of their premises/area of usage measuring upto 500 sq. metres. For every 500 sq.metres additional area or fraction thereof under their usage, applicants will be entitled to an additional plot of applicable size. For the next one commercial price (which will be three times the reserve price) and for the remaining additional plots market price (which will be five times the reserve price).

First writ petition i.e. WP(C) No. 2264/1987 was filed in the name of M/s Mohindera Goods Carriers though its partner Mr. Harmohinder Singh while the second writ petition i.e. WP(C) 2265/1987 was filed by Mr. Gurbachan Pal Singh who had retired from M/s Mohindera Goods Carriers in 1986, however, he was a partner at the relevant time when the Scheme was introduced.

Petitioner-firm has already been allotted a plot of 440 sq.mtrs for which payment @ Rs. 425/- + Rs. 75/- electrification charges i.e. Rs. 500/- per sq. mtr. has been made. Petitioners do not press their claim for any refund.

Mr. Arya Girdhari, appearing on behalf of the petitioners in the above two writ petitions and on instructions from Mr. Harmohinder Singh and Mr. Gurbachan Pal Singh, who are present in court, initially urged that they should be allotted a plot each of 440 sq.mtrs. We find that petitioner''s averments with regard to area in their possession and utilization were bereft of relevant details and other necessary particulars. In fact during the course of proceedings, petitioners filed additional affidavit which only marginally improves the position as far as complete information is concerned.

In this situation rather than going by petitioners'' incomplete information and particulars, we have taken into consideration the record of the MCD itself showing the survey done by it with regard to area in petitioners'' occupation and use. The full area as claimed by petitioners has not been accepted. Confronted with this situation, learned Counsel for the petitioners and the petitioners who are present in person, accept the position that the survey conducted by the respondent-MCD for their premises be taken into consideration for determining their entitlement for alternate plot. As per the survey report, area works out to 702 sq.mtrs. The only additional factor which has been pointed out by the learned Counsel for the petitioner is that the above computation does not include their premises at Naya Bans having an area of 48 sq. mtrs. From record of MCD, this assertion appears to be correct. The total area thus works out to 750 sq. mtrs. Mr. Azimul Haque, Deputy Commissioner, Civil Lines Zone, MCD who is present in court also accepts this position.

Mr. Arya Girdhari, appearing on behalf of the petitioners as also Mr. Harmohinder Singh and Mr. Gurbachan Pal Singh state that they accept the position of their area for purposes of allotment of second plot being taken as 750 sq. mtrs. On the above basis and applying the policy, learned Counsel for respondent states that the entitlement and eligibility of the petitioner would be a plot of 220 sq. mtrs. in all. Mr. Gurbachan Pal Singh, petitioner in WP(C) 2265/1987 states that he has no objection to the plot being allotted in the name of M/s Mohindera Goods Carriers. Mr. Singh further submits that he is not pressing his claim in WP(C) 2265/1987.

We have also considered the aspect of the rate to be charged from the petitioners. Petitioners in this case during the period from October, 1976 to January, 1986 had deposited Rs. 2,37,600/- in respect of the two plots applied for. The reserved price at the relevant time was Rs. 425/- + Rs. 75/-electrification charges i.e. Rs. 500/- per sq.mtr and in terms of the policy for the allotment of second plot, three times reserved price could be charged i.e. Rs. 425/- x 3 = Rs. 1275/- + Rs. 75/-electrification charges = Rs. 1350/- per sq.mtr.

We also notice that vide orders dated 4th August, 1987, one plot of 440 sq.mtrs was reserved in favour of the petitioner. Learned Counsel for the respondent attempted to urge that petitioner should be subjected to payment at the current rates. We do not find any justification for the same especially considering that substantial part of the payment for the plot in question stood deposited with the MCD and secondly MCD did not raise any demand in respect thereof during this period or make the allotment. Petitioner is willing to make payment @ Rs. 1275/- + Rs. 75/- = Rs. 1350/- per sq.mtr together with interest @ 12% p.a. on the balance amount which has remained unpaid from January, 1986. Availability of plot of 220 sq.mtrs has been confirmed by Mr. Haque. The respondent MCD would within a month allot a plot of 220 Sq. mtr. in the name of petitioner M/s Mohindera Goods Carriers on the petitioner making the balance payment as aforesaid. The petitioner would also complete the requisite formalities therefor.

Plot of 440 sq.mtrs which was reserved vide orders dated 4th August, 1987 stands released and MCD would be free to make its allotment as it deems appropriate.

WP(C) 2264/1987 stands disposed of in the above terms and WP(C) 2265/1987 is dismissed as withdrawn.