Back
1991 Supreme(Del) 295
High Court Of Delhi
R.K.KAWATRA - Appellant
Versus
D.S.I.D.C. - Respondent
Civil Writ 3378 of 1987
Decided On : 05/02/1991
GITA MITTAL, P.K.BEHL, SATPAL ARORA, SVATANTAR KUMAR
The doctrine of promissory estoppel is not applicable where there is no specific representation or promise made.
Headnote:
The court held that the doctrine of promissory estoppel is not applicable in the present case as there was no specific representation or promise made by the respondent in the 1977 policy. The court also held that the petitioners had waived their right to enforce the 1977 policy by accepting the final scheme announced in 1987 and taking benefits under it.
Fact of the Case:
The petitioners applied to the Delhi State Industrial Development Corporation Limited (DSIDC) in response to an advertisement issued in 1976 inviting applications for allotment of plots for setting up industries in the Narela Industrial Complex. The petitioners were allotted plots and made the required deposits. However, the DSIDC later announced a new scheme in 1987, which revised the prices and sizes of the plots. The petitioners challenged the new scheme, arguing that it violated the principles of promissory estoppel and natural justice.
Finding of the Court:
The court found that the 1977 policy was purely tentative and no promises or assurances were held out therein. The petitioners were fully aware of this fact and were waiting for the final policy to emerge. When the final policy was announced in 1987, they subscribed to the same and have taken benefits under it by getting allotments of plots. Further, they have had the benefit of their past deposits inasmuch as the same have been allowed to be adjusted along with interest and the petitioners have been saved the risk of non-allotment if they had been subjected to draw of lots under the 1987 scheme.
Issues: 1. Whether the doctrine of promissory estoppel is applicable in the present case? 2. Whether the petitioners have waived their right to enforce the 1977 policy?
Ratio Decidendi: 1. The doctrine of promissory estoppel is not applicable in the present case as there was no specific representation or promise made by the respondent in the 1977 policy. 2. The petitioners have waived their right to enforce the 1977 policy by accepting the final scheme announced in 1987 and taking benefits under it.
Final Decision: The writ petitions are dismissed.
( 1 ) THIS judgment will dispose of C. W. P. Nos. 1064 and 3378/87. Both the petitions are being disposed of by this judgment as they raise common questions of law and fact. In C. W. 1064/87 there are 12 petitioners while in C. W. 3378/87 there are two petitioners who are jointly carrying on business in the firm name M/s. Kwatra Industries, 275. Kalyan Vihar, Delhi.
( 2 ) THE relevant facts as stated in the writ petition are that the respondent, Delhi State Industrial Development Corporation Limit- ed (hereinafter referred to as the DSIDC) is a; company incorporated under the Companies. Act and all its shares are owned by the Government of India. The main object of the DSIDC is development of industries in the Union Territory of Delhi. In pursuance of the said object the DSIDC has also taken up development of land to be ultimately made available to entreprenuers for setting up industry.
( 3 ) THE appropriate authority acquired land in the Narela township within the Union Territory of Delhi. The Narela Township has been identified as one of the ring towns in the Master Plan of Delhi. The land was acquired for construction of an industrial complex covering an area of about 202. 34 hectares. The DSIDC was entrusted with the task of developing the acquired land and allotting the same after development to various eligible entreprenures. This was to be called the Narela Industrial Complex. For this purpose the DSIDC got published an advertisement in the daily Hindustan Times dated 23rd De- cember, 1976 inviting applications from the general public for allotment of plots for setting up industries in the said Industrial Complex. In the said advertisement it was also stated that the application forms were available at the office of the DSIDC up to 15-1-1977 and the applicants could make offers for purchase of plots as per their eligible category out of the various categories men- tioned in the advertisement. It was also stated that the registration was to be strictly on first- cum-first served basis. The petitioners in these cases have stated that they obtained the application forms after paying the requisite fee of Rs. 10. 00 in each case. The application forms were accompanied with a brochure containing the relevant information regard- ing the allotment of plots. The brochure contains the following material which is relevant for the purpose of disposal of this case. (See table on the next page)
"the applicants are classified into 7 categories as per following schedule :- Catefory Size of the plot handed over for allotment Rate of plot per sq. mt. i. . Entrepreneurs belonging to families of tradi- tional craftsmen, artisans, weavers. Sche- duled Castes and Scheduled Tribes, Ex-Service- man (JCO s and other ranks; Freedom Fight- ers. (Should be residents of Delhi.) u. Youth from villages Tikri, Kurani Shahpur, Bhergarh which forms a part of Narela Township. iii. Young Educated unemployed. iv. Rural Youth staying in the villages of Delhi where education is no bar. v. Ex-Army Officers (Commissioned) vi. Small industries in non-conforming area in Delhi. vii. New Industrial Units 200/400 sq. mt. Rs. 45. 00 a)200/400/600 b)800/1000 do do do- up to 1000 sq. mt. above 1000 sq. mt.-do- Rs. 75. 00 Rs. 65. 00 do do Rs. 90. 00 Rs. 80. 00 2. The applicant of Category i in the above schedule shall have to furnish necessary certificate from the competent authority in this behalf. 3. The applicant of Category ii should be the original resident of villages and furnish certificate from AIM (R) or AIM (North), Tis Hazari Courts, Delhi in support thereof. 4. The applicants of Category iii of the above schedule shall have to furnish a certificate of registration with an Employment Exchange of Delhi. 5. The applicant of Category iv of the above schedule should furnish a certificate to the effect from AIM (R) Tis Hazari Courts, Delhi. 6. The applicants of Category v should furnish the Discharge Certificate. 7. The applicants belonging to Category v
