( 1 ) THIS is a unique and exceptional case which has been dealt with, by the trial court to the apex court on various occasions. There have been a number of judgments and orders of the Single Benches, Division Benches, Full Benches and even of the Supreme Court. The Central issue which has been agitated and re-agitated from the trial court to the highest court on various occasions is "whether the residential quarters given by the Company to its employees should revert to the company after their retirement and/or closure of the Mill particularly when adequate compensation has been paid. "

( 2 ) ACCORDING to the Master Plan, the petitioner industrial undertaking falls within the non-conforming area and consequently on closure of the mill, residential quarters occupied by the workmen have re-developed. The compensation, additional compensation, settlement and addendum have all been arrived at by the workmen. Over 98 per cent of the workmen were represented through their Union and most of the remaining ex employees and others have been heard at length by this Court for several days. The company has already paid over 100 crores of rupees by way of compensation. Even after judgments and orders of the Full Benches of this court and the Supreme Court, some of the residential quarters have not been vacated yet. This case is an apt illustration of, how the process of law can be abused. No order or the judgment has been permitted to acquire finality. It is astonishing that even after the judgment of the Full Bench of this court and of the Supreme Court of India, the same matter is being agitated and reagitated before the subordinate courts and there are a number of instances where even the subordinate courts have recorded findings contrary to the judgments of the full benches and of the Supreme Court. The judgments of this court and of the Supreme Court could not acquire finality because these judgments have been reopened by filing civil miscellaneous applications either by individual workman or by their association.

( 3 ) THE petitioner mill was closed down in the year 1989. Compensation have already been paid, yet some of these quarters of ex-employees and others have not yet been vacated. The entire scheme of development cannot be executed unless these quarters are vacated. The orders passed by the Full Bench of this Court in 1995 clearly gives indication that the entire matter was going to be concluded within 10 or 15 days, but in this case even after the lapse of several years some quarters have yet not been vacated. Looking to the background of this case, it is difficult to visualize and evaluate with reasonable certainty when would this matter be finally concluded particularly, when even the apex court s decisions have not been respected?

( 4 ) IN order to understand the controversy involved in the case, brief facts are recapitulated in succeeding paragraphs:

( 5 ) THE petitioner DCM Company was set up in 1889 at Bara Hindu Rao, Kishan Ganj, Delhi in an area of about 63 acres of land. The Delhi Development Act was enacted in the year 1957, for the planned development of Delhi. The Act provided for the preparation of the Master Plan for Delhi and the Zonal development plan for each of the Zones into which Delhi may be divided. The Master Plan of Delhi was prepared, approved and published by the Central Government and brought into force in September, 1962. In terms of the said Master Plan, the land on which the Delhi Cloth Mills and its residential colony were located was a non-confirming use and was to be used for flatted factories and residential group housing. According to the Master Plan there is a specific paragraph dealing with the site of the petitioner company which reads as follows:

"the Delhi Cloth Mills have to move out of this congested area to the extensive industrial districts according to the time schedule given for non-conforming uses. The present site should be developed for flatted factories in gr