JUDGMENT B.S. Chauhan, J.
1. This petition has been filed for a direction upon the New Okhla Industrial Development Authority (hereinafter referred to as the 'NOIDA') and the State Government to hold the draw of lots for allotment of residential plots under the "Residential Plots Scheme - 2004 (1)" (hereinafter referred to as the 'Scheme') only after considering the petitioner as eligible for allotment under the Reserved category of "Industrial Applicants".
2. An advertisement was Issued by NOIDA for allotment of residential plots In the aforesaid Scheme. The petitioner on the basis of the said advertisement submitted an application under the reserved category "Industrial Applicants" for allotment of a plot measuring 450 Sq. Mtrs. On 2nd May, 2005 the list of 625 successful applicants under the Reserved category was declared by NOIDA but , the name of the petitioner did not figure In the said list as his unit was nonfunctional. The draw which was Initially scheduled for 3rd May, 2005 was ultimately held on 2nd July, 2005, but soon thereafter it was cancelled on 4thJuly 2005 and a fresh draw of tots was ordered to be held. The contention of the petitioner Is that his application should have been considered as his unit was functional. He has, therefore, sought the relief for Including his name in the list of successful applicants belonging to the reserved category "Industrial Applicants".
3. In order to appreciate the contention advanced before us by the learned counsel for the petitioner, the relevant terms and conditions for allotment contained in the Scheme have to be examined and they are as follows:-
(i) The Unit has been allotted/transferred an industrial plot/shed by NOIDA/NEPZ in Its name on or before 15* June, 2001 and after 16.8.2004 the allotment of Industrial Plot should have been done and has been declared functional on or before closing date of the scheme. The form of functional certificate should be enclosed duly filled In which will be got verified from Industries Department by Nokia itself. (Emphasis added) ...
Note: Plot category-wise selection of successful applicants for the industrial category will be done on the baste of seniority which will be determined on the basis of date of production as Indicated in the functional letter Issued by Industrial development departments of NOIDA or the date on which the Director/Proprietor/Partner has been taken on record, whichever Is letter. In case the functional letter does not indicate the date of production, the date of functional letter would be deemed as the date of production. Where the dates are same, seniority will be decide through draw of lots. Specific plot, numbers will be allotted through draw of tots with General and Reserved category applicants in the respective plot category. The elegibility/seniority of the applicants will be dedded by Industrial department of NOIDA which shall be binding on the applicants.
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9. Mode of allotment:
(i) The allotment will be made in two stages. In the first stage, successful applicants for allotment of plots for respective plot categories will be identified. In the second stage, specific plot numbers will be allotted by draw of tots to successful applicants Identified in the first stage. The plot numbers will be allotted on the basis of layout plans. As the plots available for allotment suitable in the developing sectors, it will take about 2 years for development works.
Successful applicants for the reserved categories in the first stage will be Identified on the basis of seniority as has been indicated above in Cause-1. II Note (Special eligibility conditions applicable to specific categories).
In general category, successful applicants In first stage will be Identified by the draw of lots.
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5. A perusal of the Scheme indicates that the total number of plots available for allotment was 1250 out of which 625 plots were for genera! category applicants and an equal number for reserved category applicants. In the reserved category 17.5% plots were reserved for 'Industrial Applicants' and the special eligibility conditions applicable to Industrial unit clearly provided that the industry should have been declared functional on or before the dosing date of the Scheme i.e. 31stDecember 2004 and that the selection of successful applicants would be made on the basis of seniority. It was further required that the form of functional certificate should be enclosed along with the application form which was to be verified by the Industries Department of NOIDA itself. It must also be mentioned that the Scheme provided that the 625 successful applicants for the reserved category in the first stage were to be identified in the manner provided for in the Scheme and likewise 625 applicants for the general category In the first stage were to be identified by the draw of tots. After the successful applicants had been identified for the general category and reserved category In the first stage, specific plot numbers had to be allotted by draw of tots in the second stage.
6. Learned counsel for the petitioner submitted that the petitioner had purchased a piece of land measuring 114 Sq. Mtrs. in the year 1983 in Sector 9, NOIDA for Industrial purpose and after purchasing the said Industrial plot, the petitioner completed the construction and started commercial production In the year 1984 Itself. "No dues" certificate was also issued by NOIDA on 27thApril 1986. On the basis of the advertisement issued by NOIDA, the petitioner submitted an application for allotment of a plot measuring 450 Sq. Mtrs. but his name was not Included in the list of successful applicants declared on 2nd May 2005 containing the names of the reserved category applicants as his unit was found to be non-functional. The petitioner then submitted a letter dated 3rd May 1995 to the General Manager (Industries), NOIDA for issuing the unit functional certificate. This letter was followed by reminder dated 6thMay 2005. The petitioner has also brought on record the communication dated 19thMay 2005 issued by the Special Officer, NOIDA declaring the petitioner's unit as functional w.e.f. 19thNovember 1985. Learned counsel, therefore, contended that the name of the petitioner should have been Included in the list of 625 successful applicants belonging to the reserved category.
7. Sri Anurag Khanna, learned counsel appearing for NOIDA, 'however, submitted that the petitioner knew on 2nd May 2005 that his name was not Included in the list of 625 successful applicants for the reserved category and so his application would not be considered for the final draw of lots to be held subsequently but still the petitioner kept quiet for a long period of time and did not approach this Court before the holding of the draw of lots. The petition , was, therefore, liable to be dismissed on the ground of laches. He further submitted that even though the said draw of lots held on 2nd July 2005 was cancelled on 4thJuly 2005, but a number of writ petitions were filed in this Court for quashing the cancellation order dated 4thjuly 2005 and this Court In Its Judgment and order dated 4thOctober 2005 passed in writ petition No. 48287 of 2005 connected with writ petition No. 50418 of 2005 Issued amongst others, a specific direction for holding a fresh draw of lots within four weeks by a committee constituted for this purpose, therefore, In such circumstances the Court should decline to entertain the petition as any interference at this stage would only complicate the Issue. Sri Khanna further submitted that the petitioner has not impleaded any of the successful applicants belonging to his reserved category and In the absence of any such applicants having been arrayed as respondent In this petition, no relief can be granted to the petitioner.
8. We have carefully considered the rival submissions advanced by the learned counsel for the parties and perused the material available on record.
9. A perusal of eligibility requirement for the prescribed reserved category as contained in the Scheme and to which we have referred to above dearly shows that not only the Industrial Unit should have been declared functional before the dosing date of the Scheme but the functional certificate was also required to be enclosed along with the application form. Petitioner has filed the application form (Annex-6) submitted by him which dearly shows that he had not endosed the functional certificate along with the said application form and even otherwise admittedly no such functional certificate was Issued in his favour by that date as it was only by the communication dated 3rd May 2005 that the petitioner made a request for Issuing of the functional certificate. As noticed above, the list of successful applicants on the basis of seniority under the reserved category whose names were to be included in the final draw of lots was declared on 2nd May 2005. It was, therefore, Imperative for the petitioner to have enclosed the functional certificate along with the application form so that his seniority could be determined. The petitioner, however, did not do so and made an application only on 3.5.2005 for issue of the functional certificate. In such circumstances the communication dated 19thMay 2005 issued after the declaration of the list cannot help the petitioner. Thus the action of the respondent Authority in rejecting the form of the petitioner under the reserved category cannot be said to illegal or arbitrary.
10. The name of the petitioner did not figure in the list of successful applicants identified in the first stage for the reserved category on 2nd May 2005. Therefore, there was no question of his name appearing In the final draw held on 2nd July 2005 since only those 625 applicants under the reserved category along with the 625 applicants of the general category Identified in the first stage were be considered for the final draw of tots. The petitioner did no challenge the first stage list of successful applicants for the reserved category by filing the petition before the holding of the final draw of tots on 2nd July 2005. Even thereafter he kept quiet for a substantially long period and ft Is only now when the draw of tots Is to held within four weeks from the date of the above referred to judgment i.e. 4thOctober 2005 that he has filed this petition. He cannot now be permitted to challenge the same merely because the draw of tots was cancelled on 4thJuly 2005 and a fresh draw of tots is required to be held. Any Interference at this stage at the behest of a person who has slept over his rights for such a long period Is not warranted at all and we would not be justified in exercising our discretion in entertaining I this petition as It Is bound to upset the entire exercise relating to the holding of the draw of lots.
11. The only explanation given by the petitioner for the delay In approaching this Court is contained in paragraph No. 17 of the petition which Is as follows:-
"That after the said draw of lots the Petitioner herein found that his name was not Included In the draw of lots and the plot was allotted to some other persons who were junior to the Petitioner In the seniority. The Petitioner wanted to immediately take steps, however within next few days the said draw of tots was also cancelled and It was widely declared in the press that fresh draw of lots shall be held after Initiating the process again."
12. A perusal of the averments made in the aforesaid paragraph indicates that it was only after the draw of tots on 2nd July 2005 that the petitioner found that his name was not included in the draw of lots and the petitioner wanted to immediately take steps but the draw of tots was cancelled within the next few days. This is an absolutely false statement in as much as the petitioner was aware even on 2nd May 2005 that the list of 625 successful applicants belonging to the reserved category who had been identified in the first stage on the basis of seniority did not contain his name because he had filed an application on 3rd May 2005 protesting against the non-consideration of his name. This apart, even after the cancellation of the draw of lots on 4.7.2005, the petitioner has waited for over three months and there is no explanation for the same.
13. The Issue of delay in filing the writ petition was considered by the Hon'ble Apex Court in Smt. Sudama Devi v. Commissioner and Ors., (1983) 2 SCC 1, wherein the Apex Court has observed as under: -
"There is no period ' of limitation prescribed by any law for filing the writ petition under Article 226 of the Constitution. It is, in fact, doubtful whether any such period of limitation can be prescribed by law. In any event, one thing is dear and beyond doubt that no such period of limitation can be laid down either under the rules made by the High Court or by practice. For every case, it would have to be deckled on the facts and circumstances whether the petitioner is guilty of laches and that would have to be done without taking Into account any specific period as period of limitation. There may be cases where even short delay may be fatal while there may be cases where even a long delay may not be evidence of laches on the part of the petitioner."
14. Similarly, In State of U.P. v. Raj Bahadur Singh and Anr., ; the Hon'ble Apex Court held that "there is no time limit for filing the writ petition. All that the Court has to see Is whether the laches on the part of the petitioner are such as to disentitle him to the relief claimed by him."
15. In Northern Indian Glass Industries v. Jaswant Singh and Ors., , the Hon'ble Apex Court held that the High Court cannot ignore the delay and laches in approaching the writ court and there must be satisfactory explanation by the petitioner as how he could not come to the Court well in time. A similar view has been reiterated by the Hon'ble Supreme Court in Printers (Mysore) Ltd. v. M.A. Rasheed and Anr. the Hon'ble Supreme Court held that the High Court should have dismissed the writ petition on the ground of delay and laches.
16. We are, therefore, of the opinion that the petitioner has not been able to explain the delay in filing this petition because in our opinion it was for the petitioner to have immediately challenged the list declared on 2nd May 2005 If he was actually aggrieved. Thus, not only has the petitioner failed to explain the delay in filing this petition but also in his anxiety deliberately made false averments. This in Itself is grave enough to disentitle the petitioner from seeking any relief from the Court In view of the above, we have no hesitation In holding that the petition suffers from delay and laches and petitioner has not approached the Court with dean hands.
17. It must also not be forgotten that this is a case where the conduct of the petitioner also disentitles him to seek any discretionary relief from this Court under Article 226