DELHI STATE INDUS. DEV. CORPN. LTD. Vs. ASHOK KUMAR MADAN

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1087 OF 2015

(ARISING OUT OF SLP (C) NO. 22784 OF 2014)

DELHI STATE INDUS. DEV. CORPN. LTD. ………APPELLANT

Vs.

ASHOK KUMAR MADAN ……RESPONDENT

 

The appellant-Corporation is the agency implementing the direction of this Court in the case of M.C.Mehta (supra), for the relocation of industries that are carrying on business in non conforming areas or are misusing residential properties. The respondent, who was running a commercial/industrial establishment in a residential premises, made an application dated 23.12.1996 for the allotment of a plot under the “Relocation Scheme” and also furnished a sum of Rs.60,000/- along with the application. The respondent was required to make a further deposit of 30% of the tentative cost of the plot, which amounts to Rs.75,000/-, apart from the earnest money paid along with the application, which was duly deposited by him on 09.05.2000. The application of the respondent was accepted and he was allotted a plot measuring 150 sq. meters bearing no.57, Pocket-I, Sector-2, Bawana Industrial Area, Delhi, in accordance with the allotment letter issued on 23.10.2000. The appellant-Corporation also informed the respondent that the cost of the plot stood revised from Rs.3000/- per sq. meter to Rs.4,200/- per square meter and the respondent was also required to deposit 50% of the revised estimated cost, which amounted to Rs.3,15,000/- within a period of 3 months from 23.10.2000. Pursuant to an order dated 24.01.2001 passed by this Court in M.C. Mehta’s case (supra), the date for depositing the requisite amount was subsequently extended to 31.03.2001. The respondent failed to deposit the said amount despite the extension of the period given by this Court. The respondent deposited an amount of Rs.1,80,000/- to complete the payment of 50% of the cost of the plot on 27.11.2001, instead of the stipulated date i.e. 31.03.2001, without any demand and permission from the appellant-Corporation…read more