Area 117 sq.
D TH KM/115, Motia Khan, to DDA and shifted to Naraina Warehousing Scheme.
115 measuring 177 sq.
In the year 1956, Shori Lals proprietory companycern M s. Shori Lal Sons became partnership firm since Shori Lals first son, Krishan Kumar Appellant 2 , who on attaining the age of majority, was admitted as its partner.
for Premises No.
91.86 sq.
Area 499 Pre 1960 K.Moga Sd Signature of the Applicant Sd Krishan Kumar He may be allotted Plot No.
115, Motia Khan and the companytents of allotment order allotting Plot No.
151 to 200 sq.
and Plot No.
51 to 100 sq.
When the DDA sent the companymunication dated 5.5.1984 to the appellants about the withdrawal of such allotment and the retaking of possession of Plot No.
However, M s. Shori Lal Sons carried on its iron steel business in the said two places under a single Sales Tax number and by paying damages for occupation of both the lands in its name.
172.22 sq.
appellant 2.
However, in the year 1975, DDA in its endeavour to clear up government land at Motia Khan, Delhi where iron steel businesses were carried on by various persons and firms occupying it unauthorisedly, sought to allot to such persons and firms alternate plots for their businesses in the area companyered by Naraina Warehousing Scheme.
and another relating to Premises No.
in Naraina Warehousing Scheme.
The argument advanced on behalf of the appellants by their learned Senior Counsel, Shri Soli Sorabjee was that this appeal of the appellants was required to be allowed, the order of the High Court under appeal set aside and the order of the DDA cancelling the allotment of Plot No.
there were two files, one relating to Premises No.
117 and Premises No.
reads thus Krishan Kumar s o Shri Shori Lal.
115 was No.
X 70 Measuring 200 square yards Countersigned Sd/ Executive Officer Then, when it companyes to Krishan Kumars original application for allotment, his statement relating to surrender of possession of Premises No.
their entitlement for allotment is companysidered to be 499 sq.
Further DDA for purposes of assessing damages recoverable for 177 square yards of land in Plot No.
But, on companyplaints received at a latter stage when it was discovered by DDA that Plots Nos.
117 which was No.
Shori Lals second son, Manmohan Lal was also admitted as the partner of M s. Shori Lal Sons in the year 1962 when he attained the age of majority.
X 70 in lieu of Premises No.115, Motia Khan, as disclosed from the excerpt of the original application for allotment are these I Shori Lal son of Shri Ram Singh for and on behalf of M s. Shod Lal Sons have today 21st July, 1975 voluntarily handed over peaceful possession of Premises No.
But the High Court dismissed that Writ Petition by its order dated 1.2.1985.
Krishan Kumar and Manmohan Lal for and on behalf of M s. Shori Lal have today 27th July.
The Delhi Development Authority cannot discriminate between persons belonging to the same class and equally situated.
Countersigned Sd/ Executive Officer As becomes clear from the companytents of the above application and the above allotment order.
The report shall be submitted by DDA within a month in this respect.
First order made by this Court on 17.9.1985 relates to issue of Notice on S.L.P. companyfining it for companysideration of the question of cancellation of allotment of Plot No.
an application is made by Krishan Kumar to get allotment of a plot of land for M s. Shori Lal, Krishan Kumar and Manmohan Lal.
125 sq.
X70 made by it in favour of appellant l. From the order made by this Court on 18.12.1985 at the SLP stage, which we have excerpted already, DDA was directed specifically to examine the cases of double allotments of plots mentioned in Paragraph 24 of the Special Leave Petition, and submit a report thereon to this Court.
Delhi Development Authority DDA for purposes of assessing damages recoverable for 322 square yards of land in Plot No.
It is the question of sustainability of that order of the High Court which arises for companysideration in the present appeal by special leave filed by the appellants adverted to at the outset.
1264 of 1984 of the appellants was dismissed by the Delhi High Court.
As has been pointed out by us earlier.
D TH KM/117 115 Motia Khan to the Delhi Development Authority and shifted to Naraina Warehousing Scheme.
10242, Motia Khan, Paharganj, Delhi for setting up a business in iron and steel under the name of his proprietary companycern M s. Shori Lal Sons.
This also becomes clear from allotment letter issued to all the three partners by the DDA.
Y 5 of 450 sq.
in the Naraina Warehousing Scheme made in favour of the appellants and retake possession of the same from the appellants.
X 70 and Y 5 in the Naraina Warehousing Scheme allotted in lieu of extents of lands in Premises Nos.
has played fraud on the DDA in making a wilful misrepresentation about the handing over of possession of premiseses as also the number obtaining of alternate plots in his application for allotment.
Y 5 measuring 450 sq.
X 70 made in favour of appellant l quashed since the DDA had failed to carry out the directions of this Court companytained in the Order dated 18.12.1985 and the Order dated 12.7.1986 as regards companystitution of Enquiry Committee to look into irregularities in allotment of plots and submit a report to this Court in the matter even if it had a justifiable ground to cancel the order of allotment of Plot No.
in excess of the extent of the land to the allotment of which appellants were entitled under the settled criteria and such allotment of excessive land had been obtained by Appellant 2 by practicing fraud on it, the DDA sought to withdraw the allotment of Plot No.
1975 voluntarily handed over peaceful possession of Premises No.
i.e., Premises No.
D JH KM 117.
of land in Motia Khan.
X 70 of 200 sq.
and if he had number stated that he had surrendered both of them.
under the criteria of allotment of alternate plots to which we have referred to.
I have number been allotted any plot by the DDA.
Y 5 Measuring 450 sq.
In the year 1949 Shori Lal occupied 177 square yards of Government land out of Plot No.
in Naraina Warehousing Scheme, there companyld be numberjustification for retention by the firm and its partners earlier allotment made of Plot No.
Pre 1960 Sd in Urdu Signature of the Applicant He may be allotted Plot No.
117 and opened a file therefor as No.
1264 of 1984 in Delhi High Court.
By subsequent order dated 17.2.1986 made by this Court on the S.L.P., Special Leave is granted and a direction is given thus We direct the Delhi Development Authority to companystitute a Committee of Inquiry to look into the several allegations made by the petitioners as regards the irregularities companymitted in the matter of allotment of plots in the Naraina Warehousing Scheme, Phase 1.
When the allotment of alternate plot was made in favour of M s. Shori Lal.
yards.
D JH/ KM/117 companyering an area of 322 sq.
101 to 150 sq.
Another order made by this Court.on the S.L.P. on 18.12.1985 reads The matter is adjourned for one month to enable Delhi Development Authority to take appropriate action on a uniform basis against all the persons mentioned in paragraph 24 of the Special Leave Petition and the additional affidavit dated 6.9.85.
The companytents of application for allotment made by Shori Lal, his statement relating to Premises No.
New Delhi.
in Naraina Warehousing Scheme is numberhing short of fraud played by him on the DDA, even though companynivance of officers of DDA in the matter cannot be ruled out.
handed over by Shori Lal he had already obtained 200 sq.
X 70 measuring 200 sq.
Krishan Kumar and Manmohan Lal.
of Plot No.
the area of such plot companyld number have exceeded 450 sq.
Y5 measuring 450 sq.
D JH KM/115 relating to 177 sq.
both the files being the areas of two premiseses are taken together as 322 sq.
But, what has been done by Krishan Kumar, as disclosed from the original DDA records, in getting allotments of Plot No.
That is how for both the premiseses.
X70 measuring 200 sq.
115, Motia Khan.
VENKATACHALA, J. This appeal by special leave is directed against the Order dated 1.2.1985 by which Writ Petition, C.W.P. No.
of one plot.
X 70, the appellants challenged the validity of that companymunication, by filing writ petition, C.W.P. No.
appellant l and its partners including appellant 2 are given Plot No.
If Krishan Kumar had number stated in his application that he was number given an alternate plot for both the premiseses.
In the meantime 322 square yards of land out of Plot No.
177 sq.
10242, Motia Khan, lying on the rear side of the land of 177 square yards of land, where M s. Shori Lal Sons carried on its iron steel business came to be occupied by it in the name of its partner Krishan Kumar for its godown.
The matter shall be listed on 27th January, 1986.
When such fraud is the cause for obtaining the allotment of Plot No.
I have number been allotted any plot by the DDA.
X 70 of Naraina Warehousing Scheme.
Briefly stated, the facts are Shori Lal and his minor sons were among those who migrated from Pakistan to India after its partition in 1947.
Sizes of alternate plots which were to be allotted to persons and firms, ready to shift from their plots in government land at Motia Khan, by vacating them, had to be done according to the following criteria Existing area under occupation Area to be allotted Below 50 sq.
