ORDER :- Menace of stray cattle in Delhi has resulted in a series of directions being issued by this Court in W.P. (C) No. 3791/ 2000 titled as "Common Cause v. Union of India". Municipal Corporation of Delhi (hereinafter referred to as MCD for short) prepared a resettlement scheme for shifting of unauthorized dairies to Ghogha on the outskirts of Delhi. Approximately 180 acres of land has been earmarked and allotted to MCD to develop a colony on self-financing basis. Allotment of dairy plots was to be made on first come first serve basis as per circular No. 539/Dir/Vs/2006, dated 1/8/ 2006 issued by MCD. Public notices were thereafter issued inviting applications for allotment of dairy plots. The relevant public notice taken on by MCD reads as under :

"Hon'ble Delhi High Court has issued directions in writ petition No. 3791/2000 Common Cause v. Union of india (reported in 2007 (141) DLT 164) and others that all the unauthorized dairies run in the Urban area of Delhi be got closed. In compliance the Government has taken the decision to relocate in developed area in Ghogha the unauthorised daries. There is permission to carry on dairy activities in this area in the master plan as also this area can be approached conveniently through road.

All the dairy owners are therefore informed by this notice that the Delhi Municipal Corporation is going to start development in Ghogha a dairy colony and is also inviting applications from the dairy owners operating within the city area for booking of plot which is as follows :-

1. 60 sq. mtr. plot for dairy with five catties.

2. 96 sq. mts. plot for dairy with eight catties.

The rate/price of the developed plot would be Rs. 25,000/- per sq. mts. The rate/price of the plot is inclusive of development charges i.e. of civil work, road, sewrage, electricity, water, gardening and cleaning. It does not include the expenses required for putting of the shed for the cattle. The said expense will have to be borne by the owner of the plot.

The owner of the catties according to the requirements can book plot in the office of the Veterinary Office of the concerned zone. The price of the plot will have to be deposited only after acceptance of the booking by the department. Thereafter date for deposit of the amount will be notified.

Those persons who will not book the plot, they will have to close down their dairies immediately otherwise will have to suffer consequences. Plot can be booked by 20th September, 2004.

/-Rakesh Mehta

Commissioner

Delhi Municipal Corporation"

2. The form prescribed by MCD in column 4 required the applicant to state the place where the dairy was being presently run and column 5 required the applicant to give details of number of catties and the size of the plot for which application was being made i.e. 60 sq. mts. or 96 sq. mts. The applicant was also required to verify the application form by declaring that the information furnished by him was true and correct to his knowledge and nothing was concealed and in case any information given in the form was found to be incorrect, the applicant would be responsible for the same and would face legal consequences.

3. 5857 applications were received for booking of as many as 8344 dairy plots out of which 2569 applications were for plots measuring 60 sq. mts., which the remaining 5775 applications were for plots measuring 96 sq. mts. Thereafter by public notices published in news papers on 13-10-2004, the applicants were required to deposit 50% of the developed cost of the plot i.e. Rs. 1250/- per sq. mts. The balance amount was payable after layout plan, roads and drains were constructed. The last date of payment of Rs. 1250/- per sq. mts. was extended upto 31-1-2005.

4. Said applications were examined and thereafter in the month of May and August, 2005 allotment letters were issued by MCD. The allotment letter stated as under :

"This is to certify that the aforesaid plots (s) is/are allotted in the Ghogha Dairy Colony for the purposes of running the d

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