The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Article 226 of the Constitution of India, 1950, seeks the following prayers: -

“(a) Issue a Writ, order or direction in the nature of the mandamus and/or certiorari and/or any other Writ, order or direction to the Respondent to allot an industrial plot measuring 50 square mts. in an industrial area, Delhi.

(b) Grant any other and further relief which this Hon'ble court may deem fit and proper.”

2. By way of the present petition, the petitioner is seeking direction to the respondents to allot an industrial plot measuring 50 sq. mts. in an industrial area in Delhi. It is pertinent to note that the present petition has been filed by the petitioner as sole proprietor of ‘Sunny Packers’ situated at C/o B-3/48, Third Floor, Paschim Vihar, New Delhi-110063.

3. At the very outset, it is pertinent to note that, initially, the present petition was filed against respondent No.1/Commissioner of Industries GNCTD, and during the pendency of the present petition vide order dated 11.11.2014, it was deemed appropriate by learned Predecessor Bench that DSIIDC (Delhi State Industrial and Infrastructure Development Corporation Limited) is a necessary party, and accordingly, the same was impleaded as respondent No. 2 in the present petition.

4. It is the case of the petitioner that, in response to respondent’s advertisement, the petitioner submitted an application No. 56052 on 27.12.1996 for allotment of industrial plot in functional industrial estates- Narela, Jhilmil, Badli, Okhla, Patparganj, and in North Delhi, for relocation of industrial unit from residential/non-conforming area. Along with the said application, earnest money of Rs.25,000/- was also deposited. Out of the said deposit, Rs.6,000/- was paid by the petitioner from her own funds and Rs.18,750/- was paid by Jain Cooperative Bank on behalf of the petitioner by advancing loan. It is stated that vide letter dated 26.05.1999, the respondent informed the petitioner that her unit has been included in the list of units found eligible for allotment of flatted factory measuring 50 sq. mts. under ‘Relocation Scheme’ in Jhilmil Industrial Area for draw of lots for allotment of specific flat. Thereafter, draw of lots were held on 08.06.1999 and petitioner was allotted 50 sq. mts. flatted factory situated at B-2/16 Jhilmil Industrial Area at first floor. It is further the case of the petitioner that after receipt of letter dated 26.05.1999 from respondent No.1, the petitioner informed the respondent that heavy machinery is to be installed in the said unit, and it would not be easy to move to the first floor, and therefore, request was made to the respondent to allot industrial plot at the ground floor. It is further the case of the petitioner, neither the said request was accepted nor physical possession of the allotted plot was given to her, nor the earnest money deposited was refunded. The petitioner approached the respondent many times for allotment of plot but the respondent did not do the needful.

5. Thereafter, vide letter dated 27.03.2008 Jain Cooperative Bank Limited asked the petitioner to deposit the amount with interest by 31.03.2008 advanced as loan to her, failing which the bank would inform the DSIIDC for refund of amount lying with them, and cancel the allotment of plot. It is stated that in pursuance of said communication by bank, the petitioner deposited Rs.1,12,000/- with the bank, and requested to inform the balance amount so that entire amount can be deposited for taking possession of the allotted plot. Vide letter dated 15.05.2009, petitioner again