290 CeWePNoe15326of 2009 e1e Y l IN THE HIGHCOURT FOR THE STATESOF PUNJAB AND HARYANA AT CHANDIGARH CWP Noe15326of 2009 Dateof Decisionl O 8 042010 Anil Kumar son of Sh Hem Raj residentof 861 PrakashNagarNear Model Town Jalandhar City Punjab 40ee0Petitioner Versus 1 Q Union of India throughSecretaryMinistryof Road Transportand HighwaysTransportBhawan 1 ParliamentStree New Delhi and 0 others 0 Respondents I C9 Presentl Mr Rahul Sharma Advocate for the petitioner I Mr KulwantKaur Kahlon Advocate Z for respondent No1 r Mr Manohar Lall Addl AG Punjab for respondent No2 I Mr KamaljitSinghAdvocate 08 for respondent No3 OO Mr Atul Nehra Advocate e S m for respondentNoA Z tl Mr Amit Rao Advocate for respondentNo Mr Ml Sarin SeniorAdvocatewith Ms Alka Sarin Advocate for respondentNo6 CORAMHONBLE MR JUSTICE Ke KANNAN 1 WhetherReporters00362alpapersmay be allowed to see the V judgment2Yes 2 To be referred to the Reporters or not 2 No 3 Whether the judgment should be reportedin the Digest7Yes K KANNANJ 1 The petitionerseeks for a restraint againstthe Hindustan Petroleum Ltd 4 respondentfrom settingup a retail Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 291 r71 CWP No15326 of 2009 e2e petrolpumpoutlet at a particular location at AmrtisarmGTRoad Bye Pass Jalandharon the groundthat the location violated the rules andprocedures for the same At the time when the writ petitioncameup for admission this Court had observedinter alia that no advertisementhad been issued for location of the petrol pumpat the particularplace and the guidelinesthat the 4 1 itself had set down for invitingapplicationsfrom retailershad not been followed 0 0 2 Even apart from the allegedwant of advertisement the I 0 petitioner had other grievancesThe propertywhich the petitioner I had held was a leaseholdaliotment under Jalandhar Improvement Z Trust the 3 respondent herein and the terms of allotment provided m CC that the propertyshall not be speltassigned or could not have been I parted with bytransfer of rightstitle or interest bymortgage sale 08 gift exchangeor otherwise The allotment of retail outlet to the CO was therefore not a freeeholdwhich could have been 7 Z transferred in favour of the 4 respondentto establish a retail Clm outlet The interdict againstlease and subeleasein relation to the had been arbitrarilymodified by the Trust to favour the petitioneronlybecause he was the son of MLA and a No ObjectionCertificate which had been issued purportedto be on an applicationmade by the petitioner on 05122006 allowingfor to lease of property to any petrolsupplying company arbitrarilyfloutingthe rules of the Truste The location of the propertyfor settingup a petrolpump was also not appropriateSlnce the propertywas located in Guru Amar DassNagarand it fell within no construction zone as per the k4t Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 292 CeWP No15326 of 2009 e3m sanctioned lay out of the scheme formulated by the Jalandhar Improvement Trust The petitionerwould pointout to the fact that the very same site had beenpreviously offered bythe Improvement Trust to Indian Oil and on account of numerous complaints that had been receivedby the Jalandhar Trust relating to the zoningrequirementsthe permissionhad been 1 withdrawn and the Indian Oil did not set up the petrol outlet There had been alsoobjectionsbythe petitionerinrelation 0 0 to the location by its proximityto religiousplacesof worshipand I C how guidelinesregarding the curves from the main road to petrot I pumpwas inadequate and was in contravention of the norms Z 3e Each one of the contentions raised by the petitionerhad been extensivelydenied by the notablyfrom the Z allotteev6respondent and also from the Improvement Trust and the C6 petrolcompany The foremost objectionby all the ltl CQ unlSOO lS that the petitionerhad not even appliedin responseto the 7 Z advertisementand therefore he cannot treat himself to be QW aggrieved bythe allotment Referring to the leaseof the propertyin favour of the petitioner on 04082006 and the which had been granted to him to offer the propertyfor a petrolpump even as earlyas on 05122006 learned Senior Counsel for the 6 respondentwould submit that the advertisement for location of a petrolpump itself had been issued only on 23 11 1997 and it will be far fetched to contend that the lease and a subsequentNo ObjectionCertificate issued in favour of the petitionercould have been in contemplation of an advertisement that was goingto be issued more than a year 1l4 Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 293 CWP No15326 of 2009 e4e later JoininglSsue on the subjectthat even ln advertisement the location of the propertyhas not been specificallyset out the learned counsel would urge that in contract to the reference to specificroad names whichhad been madefor Iocationof the petrol pumpsin villagesthe referenceto some cities such as Ludhiana Roperand Jallandharhad merelyreferred to the city names only 1 Slnce asplaceswherezoningrequirements were in force theycould C be located only in any one of the approvedplacesas per the 0 C respectivezoningrequirementsexistingin the cities Learned I C9 counsel would say that within Jallandhar city itself there were I several placesand althoughthe actual location of the property Z where ultimatelythe petitioner had offered as the property m r available there was nothingarbitraryin the selection of the place I Slnce it had beendemarcated in the JallandharCityplanas a place 08 reservedforlocatingan oiloutlet The contention was that if only CtO the advertisementitself had madea specificreference even to the e Z location it should have been a case of nepotismfor that would ll have made a of the offer of the propertyonlyto the personwho held some form of control over the said property The respondentalso pointedOut to the reference the advertisementin the writ petition itself to be wroughtout of confusionof the petitioner Slnce it wrongly reference to advertisement for allotment by the ImprovementTrust and advertisementrelatingto dealershipbythe oil company 4e Referring to the objections of the petitionerin relation to the allegeddiscrepancy in the allotment of land for offeringto the petitionerwithout conducting any open auction learned counsel Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 294 CWP No15326 of 2009 5 appearing for the pointsout to the fact that policy consideration for allotment as originallylaid out throughthe notification dated 20 11 1999 that allowed for only sale of the propertiesreserved for settingup petrol pumps was modifiedon 22122005 lnnexure that the propertycould be offered also on lease instead of outrightsales The Improvement Trust had itself issued an advertisement on 27042006 through Indian Express and Sr No2 in the advertisement 0 0 referred to the allotment of a site in the area of 2091 sq mtrs at I C5 Guru Amar DassNagarand the allotment had been originallymade to I the 6 hisapplication after consideration from among Z several applicantsand the choice was ultimatelymade in the draw l held on 31072006 and informed to him througha letter dated I 31072006 and a lease deed had also been executed on that day 08 A No ObjectionCertificate was issued to the 6 QO respondent ln vlew of the changedpolicyauthorizing him to lease WV Z propertyfor the allotment by the Trust itself was only for a petrolpump 5 Referringto the averment in the writ petition that the location of the petrolpump at the propertyviolated the stipulated norms alongnational highways and that it should be located onlyat a distance of 360 mtrs from the crossingln a highway the learned counsel for the respondentswould submit that the guidelines referred to ln the writ petitionhad been subsequently by the guidelines dated 25092003 and 17102003 and as per para 52 of the said guidelinesthe mlnlmurn size of the plot for fuel station alonga highwaymust requireto be 20 m x 20 m in l Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 295 CWP No15326 of 2009 m r V 1 1 urbanterrain Propertyoffered by the 6 respondent for location conformedto the said guideline Referring to the objectionof the petitioner that No ObjectionCertificate should have been secured from a Magistrate or a District Level Coordinator the Senior Counsel for the 6 respondent wouldpointout that the postof Districtelevel Coordinatorhad been abolishedand therefore violationpointedby the petitioner was erroneous 6e Learnedcounsel appearingfor the petrolpump company 0 C pointsout there are no bona fides of the petitioneras regardsthe I C location for in a letter written by him on 03Ol 2009 he had falsely I stated that no advertisement had been issued and that he was also Z willingto be considered for allotment at the same property r Pointingout to the argumentsurgedon behalf of the petitionerthat I he was willingto offer a higherlease amount for the very same 08 propertyto the Trust the learned counsel appearingfor the co respondent would contend that this exposes the mala fides of the 7 Z petitionerfor his objectionis not reallyfor the location of the propertybut it is onlyto ensure that the 6 contract was frustratedbysome reason 7 In my view the case of the petitionerdeserves to be rejected on a simplelSSUe that his argumentthat there had been no advertisement and that the propertyhad been allotted by the oil to the 6 respondent without any form of publicity1S erroneous The fact that the advertisement did not reveal the exact location of the propertywithin the city was againirrelevant for the exact location of the propertywithin the city earmarked by the Trust would have been for it would Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 296 CWP No15326 of 2009 7e 01 haveresultedin a action to allot it onlyto the specified personswho had alreadyobtained from the Improvement Trust The petitionerwho hadnot even appliedfor allotmentcould not be a person who could be said to be aggrievedby the fact of allotment His objections that the location of the propertydoesnot conform to norms for the locationas laid down underthe guidelines 1 also seems to be erroneous and that any event does not giveto the petitioner a rightto challenge the allotment to the 6 respondent 0 0 and at the same time to make an inconsistent requestthat if need I C be the same propertycould be allotted to him for higherrental I which he was preparedto giveto the Trust If the Z Trust had ultimately relaxed the conditionof the lease for providing for sublease of the propertyit could not be stated to be onlyfor I the purpose of making it possiblefor the 6 respondent a rightto a5 obtain an allotment from the th respondentfor the advertisement OO by the oil companyitself came one year later after the allotment 7 Z and after a No ObjectionCertificate issued to him for Iocating a Ll petrol pump 8 The petitionershall have under the circumstances no relief and the writ petitionis dismissed No costs K KANNANI JUDGE April 8 2010 Pankar Rawat Seema 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document