S m v. Union of I ndia t hroughSecret aryMinist ryof Road Transportand

learned counsel would urge t hat in cont ract t o t he reference t o specificroad nam es which had been m ade for I ocat ionof t he pet rol pum psin villagest he referencet o som e cit ies such as Ludhiana Roperand Jallandhar had m erelyreferred t o t he cit y nam es only Slnce as placeswherezoningrequirem ent swere in force t heycould be locat ed only in any one of t he approvedplacesas per t he respect ivezoning requirem ent sexist ingin t he cit ies Learned counsel would say t hat wit hin Jallandhar cit y it self t here were several placesand alt hought he act ual locat ion of t he propert y where ult im at elyt he pet it ioner had offered as t he propert y available t here was not hingarbit raryin t he select ion of t he place Slnce it had beendem arcat ed in t he JallandharCit yplanas a place reservedforlocat ingan oilout let The cont ent ion was t hat if only t he advert isem entit self had m ade a specificreference even t o t he locat ion it should have been a case of nepot ismfor t hat would m ade a t he offer of t he propert yonlyt o t he personwho held som e form of cont rol over t he said propert y The respondentalso point edOut t o t he reference t he advert isem entin t he writ pet it ion it self t o be wroughtout of confusionof t he pet it ioner Slnce it wrongly reference t o advert isem ent for allot m ent by t he I m provem entTrust and advert isem ent relat ingt o dealershipbyt he oil com pany 4e Referringt o t he obj ect ionsof t he pet it ionerin relat ion t o t he allegeddiscrepancyin t he allot m ent of land for offeringt o t he Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document pet it ionerwit hout conduct ingany open auct ion learned counsel Rawat Seem a 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh 294 0 0 I C5 I Z l I 08 QO WV Z CWP No15326 of 2009 5 appearingfor t he point sout t o t he fact t hat policy considerat ion for allot m ent as originallylaid out t hrought he not ificat ion dat ed 20 11 1999 t hat allowed for only sale of t he propert iesreserved for set t ingup pet rol pum ps was m odifiedon 22122005 lnnexure t hat t he propert ycould be offered also on lease inst ead of out rightsales The I m provem ent Trust had it self issued an advert isem ent on 27042006 t hrough I ndian Express and Sr No2 in t he advert isem ent referred t o t he allot m ent of a sit e in t he area of 2091 sq m t rs at Guru Am ar DassNagarand t he allot m ent had been originallym ade t o t he 6 hisapplicat ionaft er considerat ion from am ong several applicant sand t he choice was ult im at elym ade in t he draw held on 31072006 and inform ed t o him t hrougha let t er dat ed 31072006 and a lease deed had also been execut ed on t hat day A No Obj ect ionCert ificat e issued t o t he 6 respondentln vlew t he changedpolicyaut horizinghim t o lease propert yfor t he allot m ent by t he Trust it self was only for a pet rolpum p 5 Referringt o t he averm ent in t he writ pet it ion t hat t he locat ion of t he pet rolpum p at t he propert yviolat ed t he st ipulat ed norm s alongnat ional highwaysand t hat it should be locat ed onlyat a dist ance of 360 m t rs from t he crossingln a highway t he learned counsel t he respondent swould subm it t hat t he guidelinesreferred t o ln t he writ pet it ionhad been subsequent ly by t he guidelinesdat ed 25092003 and 17102003 and as per para 52 of t he said guidelinest he m lnlm urn size of t he plot Rawat Seem a 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh for fuel st at ion alonga highwaym ust requiret o be 20 m x 20 m in Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document l 295 r V1 1 0 C I C I Z r I 08 7 Z CWP No15326 of 2009 m urbant errain Propert yoffered by t he 6 respondentfor locat ion conform edt o t he said guideline Referringt o t he obj ect ionof t he pet it ionert hat No Obj ect ionCert ificat e should have been secured from a Magist rat eor a Dist rict Level Coordinat or t he Senior Counsel for t he 6 respondentwould point out t hat t he post of Dist rict elevel Coordinat orhad been abolishedand t herefore violat ion point edby t he pet it ionerwas erroneous 6e Learned counsel appearingfor t he pet rolpum p com pany point sout t here are no bona fides of t he pet it ioneras regardst he locat ion for in a let t er writ t en by him on 03Ol 2009 he had falsely st at ed t hat no advert isem ent had been issued and t hat he was also willing t o be considered for allot m ent at t he sam e propert y Point ingout t o t he argum ent surgedon behalf of t he pet it ionert hat he was willingt o offer a higherlease am ount for t he very sam e t he propert yt o t he Trust t he learned counsel appearingfor respondentwould cont end t hat t his exposes t he m ala fides of t he pet it ionerfor his obj ect ionis not reallyfor t he locat ion of t he propert ybut it is onlyt o ensure t hat t he 6 cont ract was frust rat edbysom e reason 7 I n m y view t he case of t he pet it ionerdeserves t o be rej ect edon a sim plelSSUe t hat his argum entt hat t here had been no advert isem ent and t hat t he propert y had been allot t ed by t he oil t o t he 6 respondentwit hout any form of publicit y1S erroneous The fact t hat t he advert isem ent did not reveal t he exact locat ion of t he propert ywit hin t he cit y was againirrelevant for t he locat ion of Rawat Seem a 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh t he propert ywit hin t he cit y earm arked by t he Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document Trust would have been it would 296 01 1 0 0 I C I Z I a5 OO 7 Z Ll CWP No15326 of 2009 7e haveresult edin a act ion t o allot it onlyt o t he specified personswho had alreadyobt ained from t he I m provem entTrust The pet it ionerwho had not even appliedfor allot m ent could not be a person who could be said t o be aggrievedby t he fact of allot m ent His obj ect ionst hat t he locat ion of t he propert ydoesnot conform t o norm s for t he locat ion as laid down under t he guidelines also seem s t o be erroneous and t hat any event does not givet o t he pet it ionera rightt o challenget he allot m ent t o t he 6 respondent and at t he sam e t im e t o m ake an inconsist ent requestt hat if need be t he sam e propert ycould be allot t ed t o him for higherrent al which he was preparedt o givet o t he Trust I f t he Trust had ult im at elyrelaxed t he condit ionof t he lease for providing for sublease of t he propert y it could not be st at ed t o be onlyfor t he purpose of m akingit possiblefor t he 6 respondenta rightt o obt ain an allot m ent from t he t h respondentfor t he advert isem ent by t he oil com panyit self cam e one year lat er aft er t he allot m ent and aft er a pet rol pum p No Obj ect ionCert ificat e issued t o him for I ocat inga 8 The pet it ionershall have under t he circum st ances no relief and t he writ pet it ionis dism issed No cost s April 8 2010 Pankar Rawat Seem a 2014.04.12 14: 44 Scanned True Copy of Original PHHC, Chandigarh K KANNANI JUDGE Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document