\ 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(c) 61ss12007 VISHWESHWAR DAYAL GOEL .... Petitioneis Through Ms. Neha Gupta, Advocates. VCTSUS DSIDC LIMITED & ANR Through ..... Respondents Ms. Renuka Arora, Adv.. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA ORDER 20,o5.2009 1. The industrial unit of the petitioner, Mr. Vishweshwar Dayal Goel, pursuant to directions of the Supreme Court was sealed in February, 2001. It was subsequently de-sealed after the petitioner gave an undeftaking that he would not run any industry from the said premises at Shahdara. The petitioner in 1996 applied for allotment of land under the Industrial Plot Relocation Scheme (Relocation Scheme for short) of Government of NCT of Delhi. 2. As per the policy of the Government of NCT of Delhi, industrial units which had been sealed for causing pollution, pursuant to the directions of the Supreme Court, were eligible for alternative o/o .1-= r,r\: Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified V industrial accommodation under the relocation scheme and allotments were to be made on priority basis. 11'.- 3. DSIDC the implementing agency under the relocation scheme included the name of the petitioner in the draw of lots held on 20th October, 2005 and an industrial plot measuring 100 Sq. meters, Plot No.245, Block-G, Bawana-Il, was allotted to the petitioner. The petitioner was duly informed about the allotment. The petitioner did not make any representation seeking cancellation of the allotment of the plot. The petitioner made a payment of approximately Rs. 2, 62,5001- towards part payment. On 20th January,2006, the petitioner sent a legal notice to the respondent DSIIDC calling them upon to issue demand letter and handover possession of the plot. The respondent DSIIDC informed the petitioner vide letter dated 27th July, 2006 that rates of the plot were yet to be fixed by Govt. Of NCT of Delhi and demand cum allotment letter would be issued after receipt of the said rates. 4. The petitioner by this writ petition wants allotment of an industrial plot at Patparganj or Jhilmil. He does not want allotment of plot at Bawana-Il. The plea tal<en is illness of the wife of the petitioner. The respondent in their counter affidavit-has pointed out f. '-; \-. \ \\ \\ that plea of the illness of the wife was never taken in the legal notice dated 20h January,'2006 or in any communication to DSIIDC. 5. Industrial plots have been allotted to the eligible applicants on the basis of draw of lots. The petitioner's name was included in the draw of lots and he was allotted an industrial plot at Bawa,na-Il as per scheme and policy of DSIIDC. 6. The respondents have stated in their counter affidavit that no industrial plots are available at Patparganj or Jhilmil industrial area but if the petitioner wants he can be allotted 27 Sq. mtrs flatted factory in the Jhilmil Industrial Area. Counsel for the respondent states that they also have 50 square meters flatted factory at Jhilmil industrial area and if the petitioner wants he can be allotted flatted factory of 50 sq. mtrs. The case was passed over to enable the petitioner to consider the said offer. Counsel for the petitioner on instructions from the petitioner, who is also present in person in Coutt, states that he is not interested in flatted factories at Jhilmil industrial area. In these circumstances, the petitioner will have to opt for the industrial plot at Bawana-Il. I do not think, it is. possible for this court to modify and change the Relocation scheme. The petitioner cannot be allotted an industrial plot at Patparganj or Jhilmil ^3^/t / l. \/ ! iJ I ,a industrial area as no plots are available there. 7. In view of the aforesaid position, it is not possible to accept the prayer made by the petitioner for issue of direction to the respondent DSIIDC to provide alternative plot to him at Patparganj or Jhilmil industrial area. The writ petition is accordingly dismissed. No costs. a l.(L- SANJIV KHANNA, J. MAY 20, NA/Pk 2009