HC asks govt to allot plot to closed unit as per 1995 policy

"Accordingly...The impugned communication dated 27.06.2008 and 15.07.2009 (of Delhi Government) are set aside. The respondents are directed to allot to the petitioner a plot ad-measuring 150 sq. Mtrs. The needful shall be done within four weeks from today," Justice Rajiv Shakdher said.

Ahuja Masala Company Pvt Ltd, now closed, was situated at Padam Nagar, Kishan Ganj here and its owners, in 1996, had applied for a plot measuring 200 square meters on the outskirts of the city.

The government, in 1995-1996, had formulated a scheme under the proposed master plan to relocate small industries, operating in the Walled City or in non-conforming areas.

It was proposed that the industrial units would be alloted plots at Narela, Jhilmil, Tahirpur, Badli, Patparganj, Okhla and in North Delhi near the proposed expressway.

The company, which had sought the plot in 1996, moved the court after the government rejected its plea on June 27, 2008 after considering a report of a sub-committee filed in 2003.

The factory was situated in a building built on a plot measuring 60 square meters. The total area occupied by it was 1800 square feet.

Initially, a screening committee of the government found the factory eligible for a plot of a size of 200 sq. Meter.

However, later an Appeal Committee recommended allotment of a plot of an area equivalent to 100 sq. Meters as against that which was recommended by the Screening Committee. The decision was later challenged.