1988 Supreme(Del) 176
High Court Of Delhi
D.C.M.LIMITED - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1281 of 1985
Decided On : 07/22/1988
Amit Khemka, ANIL GUPTA, ASHOK JAIN, F.S.NARIMAN, M.K.RAMAMURTHY, R.K.Anand, R.S.DEVAN, Rajiv Sawhney, S.P.SHARMA, SANJIV ANAND
( 1 ) THIS petition under Art. 226 of the Constitution of India seeks a writ of certiorari to quash the decision of the Lt. Governor, Delhi communicated in the letter dated April 15, 1985 rejecting the petitioner s application dated March 27,1985 and refusing the petitioner permission under S. 25-O of the Industrial Disputes Act, 1947 (for short called I. D. Act) to close its undertaking Delhi Cloth Mills at Bara Hindu Rao, Delhi with effect from July, 1,1985. The further relief claimed is to declare that the provisions of S. 25-O of the said Act (as inserted by Act 46 of 1982), are ultra vires Arts. 14 and 19 (l) (g) of the Constitution of India.
( 2 ) PETITIONER No. 1 is a public limited company incorporated on March 26, 1889 under the name and style of Delhi Cloth and General Mills Co. Ltd. under the provisions of Act 6 of 1882. The name of the said company was changed on Oct. 6 1983 to D. C. M. Ltd. An industrial unit (hereinafter called the Mill) was set up in the year 1889 at the present site at Bara Hindu Rao, Delhi. The undertaking of the Mill comprises of the textile mill with spinning, weaving and processing activities. At present the licensed and installed capacity of the Mill is 943 looms and 49,244 spindles. The Mill has its own coal based power plant which meets part of the Mill s power requirements. For the balance, the Mill is dependent upon the power from the Delhi Electric Supply Undertaking. The Mill complex is located over an area of 24 acres. It has its own separate housing colony for its employees which is located over an area of 39 acres. The total Mill complex area is spreed over an area of about 63 acres. At present, the total number of 6,109 workmen are employed in the Mill.
( 3 ) WE may, at this stage, briefly recall the provisions brought to our notice during hearing to appreciate the correspondence exchanged between the parties and the rival contentions.
( 4 ) THE Delhi Development Act, 1957 (hereinafter referred to as the Act) was enacted to provide for the development of Delhi according to plan and for matters ancillary thereto. Section 3 provides for the constitution for the purposes of the Act of an authority to be called the Delhi Development Authority (hereinafter referred to as the Authority ). The Authority is a body corporate by the name aforesaid having perpetual succession and a common seal. The Authority consists of, inter alia, a Chairman who shall be the Adminstrator of the Union Territory of Delhi, ex officio. The objects of the Authority are to promote and secure the development of Delhi according to plan and to do everything necessary or expedient for purposes of such development and for. purposes incidental thereto. The provisions relating to the preparation of the Master Plan and Zonal Development Plans are contained in Chapter III. The Act required the Authority to carry out a civic survey and prepare a Master Plan for Delhi. A draft Master Plan was accordingly drawn up and released to the public on July 8, 1960 for the purpose of inviting objections and suggestions. After consideration of the objections that were filed and hearing, the Master Plan was finalised. The plan as finally prepared by the Authority was submitted to the Government of India for its approval as required under S. 9 of the Act. The Master Plan was approved by the Central Government under S. 9 (2) of the Act and was published on Sept. 1, 1962 in compliance with the provisions of S. 11. Section 11a was inserted by S. 79 (Act No. 36 of 1963) empowering the modification to the Master Plan and the Zonal Development Plan.
( 5 ) CHAPTER I of the Master Plan for Delhi deals with the land use plan. Para 1 of Chapter I deals with land use plans for Delhi Metropolitan Area. Para 2 of the same deals with land use plan for urban Delhi. It gives the characteristics of the plan. The land use plan is general, but by the nature of the legislation under which it has been prepared it carries legal sanction and has