LAWS(CHH)-2011-9-59

BHIMSEN AGRAWAL Vs. UNION OF INDIA

Decided On September 02, 2011
BHIMSEN AGRAWAL Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) BY this petition, the petitioner seeks to challengethe legality and validity of the order dated 10-6-2011(Annexure - P/1) passed by the Sub Divisional Officer(Revenue), Bilaspur.

(2.) LEARNED counsel appearing for the petitioner submits that the petitioner is the owner of land bearing khasra No.300 measuring 2630 sq.mt. at National Highway No.200 in village Bhojpuri, Patwari Halka No.8, Tahsil Bilha, District Bilaspur. Pursuant to the advertisement dated 26-3-2008 of the Bharat Petroleum Corporation Limited, the petitioner applied for Retail Outlet over the land in question. After considering all the aspects of the matter, by order dated 1-11-2010 (Annexure - P/3) letter of intent was issued in favour of the petitioner. After receipt of the same, an agreement was executed between both the parties. Subsequently, the petitioner invested huge amount for establishment of retail out.

(3.) IT is well established proposition of law that private interest yields to larger public interest. In the case on hand, establishment of toll plaza and construction of road, in accordance with the plan, sub-serves the larger public interest, thus, private interest of the petitioner can be ignored.