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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT SHARMA
Anjali Khurana – Appellant
Versus
Govt. Of NCT Of Delhi – Respondent
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
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.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The cancellation of allotment was justified due to the petitioner's failure to comply with payment terms, emphasizing the importance of adhering to auction conditions and public interest.
The court emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
A review petition cannot be treated as an appeal; it is limited to specific grounds such as new evidence or apparent errors, and prior cancellation of registration extinguishes any claim to allotment....
The main legal point established in the judgment is that delay and inaction on the part of the petitioner can disentitle them from the relief sought, especially when no right had accrued in their fav....
The court held that administrative authorities must act within legal bounds, and their inaction in issuing NOC and executing Sale Deed was arbitrary, necessitating compliance with conditions for reli....
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