Bharat Petroleum Corp. Ltd v. Union of India & Ors

RAJIV SAHAI ENDLAW, J NOVEMBER 20, 2015 "pp" (corrected & released on 24th December, 2015)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th November, 2015. + W.P.(C) No. 7239/2013 BHARAT PETROLEUM CORP. LTD. ..... Petitioner Through: Mr. Anil K. Batra and Mr. Prins Kumar, Advs. Versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Anjana Gosain and Mr. V. Agrawal, Advs. for R-1&2. Mr. Rajesh Tyagi, Adv. for R-3. Mr. B.L. Wali, Adv. for DMRC along with Mr. Sanjay Kumar, SSO (Legal). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition was filed impleading Union of India (UOI), Land & Development Officer (L&DO) and M/s New United Service Station as respondents no.1,2&3 respectively thereto and seeking the reliefs of (i) directing the respondents No.1&2 UOI/L&DO to allot alternative site to re- site the Petrol Filling-cum-Service Station operating under the name and style of M/s New United Service Station at Ring Road, opposite Bhikaji Cama Place near R.K. Puram, New Delhi to any other site and not to dispossess the petitioner from the said site till alternate site is allotted; and, (ii) impugning the demand raised by the respondent no.2 L&DO vide Notices dated 11th October, 2013 and 23rd July, 2013 with respect to the said site towards ground rent, damages for unauthorised construction, misuse charges and interest thereon, for the period from 1977 to 2012. 2. It was inter alia the case in the petition that:- A. the predecessor-in-title of the petitioner, a Public Sector Undertaking (PSU), was allotted the land under the aforesaid Petrol Pump site at Bhikaji Cama Place vide letter dated 5th November, 1966 and the petitioner since then had been operating Petrol Filling-cum-Service Station from the said site through its dealer respondent no.3 M/s New United Service Station; B. a Temporary Lease Deed dated 10th January, 1967 was also executed by the President of India in favour of the petitioner with respect to the said plot of land; C. the respondent no.2 L&DO vide letter dated 28th November, 1977 complained to the petitioner that an unauthorised tin shed (Khokha) had been constructed on the subject site; the petitioner vide its letter dated 9th December, 1977 informed the respondent no.2 L&DO that the said Khokha had been put up by its dealer i.e. respondent no. 3 M/s New United Service Station without its permission and the same, after receipt of letter dated 28th November, 1977, had been demolished; D. the petitioner learnt that Delhi Metro Rail Corporation (DMRC), on 8th September, 2011 had written to the respondent no.2 L&DO to take over the land underneath the said Petrol Pump Station and the petitioner accordingly requested the respondent no.2 L&DO to allot alternate site to the petitioner; E. though meetings between the petitioner and the respondent no.2 L&DO for allotment of alternate site had taken place but the respondent no.2 L&DO in the said meetings insisted upon payment by the petitioner of Rs.5,45,76,218/- allegedly due from the petitioner for the land at Bhikaji Cam Place including towards misuse charges and charges for unauthorised construction and which the petitioner was controverting; and, F. that the petitioner was being threatened with dispossession. 3. The petition came up first before this Court on 20th November, 2013 when while issuing notice thereof, dispossession of the petitioner from the site in question without following the due process of law was stayed. On the next date i.e. 30th January, 2014 the counsel for the DMRC appeared and on his oral request DMRC was impleaded as respondent no.4 to the petition. During the hearing on the application for interim relief on that date the following order was passed:- "CM Appl. 15569/2013. The present application has been filed seeking stay of vacation of the site in question as well as the demand to pay a sum of Rs.5,45,76,218/- as demanded by respondent No. 1 vide letter dated 28th September, 2012. Admittedly, a petrol pump is being run by the petitioner's dealer(respondent No. 3) at the site in question. A perusal of