M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant in IA No. 481 is Sri Inder Mohan Bensiwal who is an allottee of a retail outlet dealership for Petrol from the Hindustan Petroleum (Corporation) Ltd. (8th respondent) (hereinafter called 'HPCL') under a letter dated 16-11-1993. I.A. 481 is filed by him for restoration of the San Martin Marg plot as a dealer of HPCL. The contesting party in the I.A. 481 is Bharat Petroleum Co. Ltd. and it has filed an independent IA also for quashing the order dated 10-3-1999 on the ground of violation of principles of natural justice.

(2.) The facts of the case are as follows: Initially the HPCL wrote to the Land and Development Officer, Ministry of Urban Development for allotment of suitable site to the HPCL on 17-11-1993 and 24-1-1994 and an order was passed by the Deputy Land and Development Officer on 7-9-1994 allotting a site described as Site B. But finally by order dated 10-7-1996 a site at San Martin Marg, Chanakyapuri, New Delhi was allotted by the Land and Development Officer to HPCL for the purpose of the petrol station of the applicant.

(3.) But, the order of this Court in a public interest case changed the turn of events. On 28-4-1997, this Court passed an order in the public interest litigation relating to maintenance of environment in the Ridge area, for shifting the Bagga Link Road Filling Station (not party before us) who is a dealer with Bharat Petroleum Corporation from the Ridge area.