Case: Geeta Sukhdeo Gawit Vs. Indian Oil Corporation Limited (Marketing Division) and Others

3. The submissions made and record shows that, present petitioner and respondent No.3 had applied for getting the dealership. Petitioner secured 78.01 marks and she stood second in the merit list. Respondent No.3 secured 79.97 marks and she stood first in the merit list. As the respondent No.3 stood first in the merit list, she was to get the dealership. The petitioner filed objection on 10.01.2013, and petitioner contended that the land shown by respondent No.3 is belonging to a tribal and in view of the provision of Section 36(A) of the Maharashtra Land Revenue Code, the land could not have become available to respondent No.3. Respondent No.3 has produced consent letter of the owner in respect of the land and it was a notarized document. It was consent to give the required portion of his land for running petrol pump on monthly rent basis. On the basis of this document, the respondent No.1-company has held that it was  firm offer and 25 marks provided for such condition are given in favour of respondent No.3.

Reasoning:
The aforesaid provision shows that conveyance/transfer is prohibited under certain circumstances and if the lease would be of the period extending five years, the approval of the State Government will be required for it. The provision itself shows that after following some procedure, the State Government can give approval for such lease. In view of this possibility, it cannot be said that respondent no.3 could not have made available the required land for running the petrol pump. The consent can be treated as agreement to give land on lease and it is not prohibited by Section 36¬A.The aforesaid provisions also show that time of two months needs to be given to selected candidate to provide the land indicated in the application. Considering the possibility of giving approval by the State Government, as mentioned in Section 36(A) of the Maharashtra Land Revenue Code, this Court holds that it was necessary for the Company to issue letter of intent first and give time of two months to the selected candidate. Unless that step is taken, it cannot be said in a such case that it was not a ‘ firm offer. Only that kind of interpretation is possible in view of the aforesaid provision of the Maharashtra Land Revenue Code and the provision of conditions made in the brochure.