THE HON’BLE MR JUSTICE L. NARASIMHA REDDY W.P.No.1848 of 2010 ORDER: M/s Indian Oil Corporation Limited, the respondent herein (for short ‘the Corporation’), issued a notification dated 01-10-2007, inviting applications for selecting LPG dealers at various places, including the one, in Chittoor town. The petitioner and several others applied. The applicants have to file the documents, in respect of the ownership of the land, for establishing a godown for storage of cylinders. Petitioner purchased the land in Sy.No.96/1 of Thimmasamudram Revenue Village, and enclosed the relevant documents to the application. Interviews were held on 13-07-2009, and the petitioner was selected as dealer. Consequential orders of appointment were issued. The petitioner states that, after it came to be appointed as dealer, the Government issued G.O.Ms.No.690, dated 02-12-2009, changing the land use in various zones, and as a result, the construction of godown, for storage of LPG cylinders, upon the land in Sy.No.96 of Thimmasamudram Village, became impermissible, and it has accordingly purchased the land in Sy.No.126 of Murakambut Gram Panchayat, abutting the Municipality. The Corporation issued proceedings dated 20-01-2010, informing the petitioner that its selection would be withdrawn, unless the godown is constructed in the place, that was shown in the application. The petitioner feels aggrieved by the same. The Corporation filed a counter-affidavit, referring to the relevant clauses in the advertisement and guidelines, and states that, if the petitioner cannot construct the godown in the proposed place, its dealership is liable to be cancelled. Heard Sri T. Niranjan Reddy, learned counsel for the petitioner, and Sri T. Srinivas, learned Standing Counsel for the Corporation. To comply with the tender conditions, the petitioner acquired site in Sy.No.96/1 of Thimmasamudram Revenue Village, and submitted an application, enclosing the copies of title deeds. Initially, the interviews were held on 29-01-2009, but they were cancelled. In the interviews held on 13-07-2009, the petitioner was selected. Thereafter, it submitted an application dated 17-11-2009 to the Chittoor Municipality, with a request to accord permission to construct godown upon the land in Sy.No.96 of Thimmasamudram Village. Through endorsement dated 10-12-2009, it was informed that, in view of the change of the master plan, through G.O.Ms.No.690, dated 02-12-2009, the permission prayed for by the petitioner cannot be accorded. Through the said G.O., the Government prohibited construction of godowns in residential areas, and the land purchased by it was within the residential area. Earlier to the G.O., it was permissible for construction of godowns within the residential area. Through the said G.O., the land use was changed. While it is permissible to construct show rooms and distribution of LPG gas in residential zone, gas installation and gas works can be made only in commercial zone. In this view of the matter, the petitioner purchased different piece of land. It is no doubt true that the tender conditions and the guidelines issued by the Corporation mandate that the installations and constructions must be made only in the land, that is shown in the application, and change thereof is not permissible. The change of the site shown by the petitioner in the application became necessary, on account of the factors, that are not at all in the control of the petitioner. Further, it was not as if that the prohibition against construction of godowns upon the land in Sy.No.96/1 of Thimmasamudram Village existed, when the application was made. The prohibition came, just after the petitioner came to be selected as dealer. As a matter of fact, the construction, which the petitioner is required to make, in accordance with the conditions, would lead to a patent illegality, and violation of Zoning Regulations. In that view of the matter, the impugned proceedings are set aside, and the respondent-Corporation shall permit the petitioner to establish the LPG storage godown, upon the land in Sy.No.126 of Murakambut Gram Panchayat, Chittoor Mandal, Chittoor District, after verifying its suitability. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.19-02-2010. KO