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2005 DIGILAW 121 (DEL)

MALHOTRA TYRE SERVICE COMPANY v. NATIONAL CAPITAL TERRITORY OF DELHI

2005-02-02

MANMOHAN SARIN

body2005
Manmohan Sarin, J. ( 1 ) RULE. WITH the consent of the parties, writ petition is taken up for disposal. ( 2 ) PETITIONER by this writ petition seeks quashing of the impugned order No. Land/bie/e/ii-20/813 dated 29. 11. 1999 passed by the Deputy Secretary, Commissioner (Industry) determining the lease of Plot No. 20, Phase II, Badli Industrial Estate, Delhi. Lease was determined on the ground that petitioner was not carrying out any manufacturing activity at the plot. This conclusion was on the basis of a report dated 10th August, 1999 of Estate Manager, Badli. The case of the petitioner, on the other hand, is that on account of industrial recession and financial difficulties, petitioner had not been able to carry out the industrial activity to its full extent and only light machining work was carried out. Petitioner disputed the factum of any alleged inspection, which admitted was not carried out in the presence of the petitioner or his representative. ( 3 ) THE termination order had been challenged in appeal before the Lt. Governor. Appeal was also dismissed on merits. It was also held that appeal appears to have been preferred by an unknown person who had no locus standi. Cousel for the petitioner submits that appeal had been preferred through a duly constituted attorney. ( 4 ) IT is not necessary to go on the merits of petitioner s contention regarding petitioner carrying out lathe machining work and no inspection having been carried out and the order of determination was passed based on a report made behind the back of the petitioner. This is because the very foundation of initiating the action for determination i. e. issuance of a show-cause notice has not been complied with. ( 5 ) PETITIONER had been issued on 9th September, 1999 a communication which reads as under: no. 678 Dated 9. 9. 99 to m/s. Malhotra Tyre Service Co. (Regd.) Plot No. 20, Phase II, Badli Industrial Estate, Delhi-110 042. Subject: Personal hearing regarding no manufacturing activities at Plot No. 20, Phase II, BIE, Delhi. Sir, i am directed to request you to appear before the JDI (Land) in her chamber in the office of the Commissioner of Industries; CPO Building, Kashmere Gate, Delhi-110 006 on 17. 9. 1999 at 12. 00 Noon, for personal hearing in connection with the above noted subject. Sir, i am directed to request you to appear before the JDI (Land) in her chamber in the office of the Commissioner of Industries; CPO Building, Kashmere Gate, Delhi-110 006 on 17. 9. 1999 at 12. 00 Noon, for personal hearing in connection with the above noted subject. Yours faithfully, sd/- (S. K. Nigam) assistant Director of Industries (LAND) ( 6 ) MS. Sonali Malhotra, learned Cousel for the petitioner submits that the above communication cannot be regarded as a show cause notice. It refers to a personal hearing granted in respect of "no manufacturing activities" at Plot No. 20, Phase II, Badli Industrial Estate, Delhi. Reference may be usefully made to the lease executed between the parties. Clause IV of the lease is as under: "no forfeiture or re-entry shall be effected until the lessor has served on the Lessee a notice in writing.- .