The appellant companytends that this is a number conforming area for purposes of business according to the Master Plan and he was, therefore, entitled to the benefit of the scheme of the Delhi Development Authority a respondent herein under which the benefit of shifting of the factory from a number conforming area to an alternate site to be allotted was permitted.
He also submitted a certificate from the Municipal Council of Delhi to the effect that his factory was located in a number companyforming area.
The appellant carries on business in the name and style of Bhagwati Plastics Industries which was located in a tenanted premises at 11, Gadodia Road, Anand Parbat area within New Delhi and has number been shifted to 17 Gododia Road.
Thereupon he applied to Delhi High Court under Article 226 of the Constitution for a mandamus to the respondents that the appellant be allotted a suitable plot under the scheme on the basis of his application.
The appellant made such an application in April 1976 and in due companyrse deposited a part of the price.
Ultimately on 14.1.1988, the respondent directed refund of the money and on 22.3.1988, the appellant received a cheque for the sum.
Special leave granted.
The appellant was intimated of allotment of a plot in Mangol Puri area but since the allotment was number specific the appellant again applied for specification thereof.
