CHANDER MEENAKSHI Vs. DDA

JUDGEMENT

(1.) The Petitioners are aggrieved by the refusal of the DDA to grant change of land use ( 'CLU') permission in respect of the lands owned by each of them for use as petrol pumps.

(2.) Each of the Petitioners was issued a letter of intent by the concerned oil company viz., Indian Oil Corporation Ltd., or the Hindustan Petroleum Corporation Ltd., pursuant to their applying for allotment of petrol pumps. Pursuant to the said letters of intent, the Petitioners deposited the necessary conversion charges with the Respondent No. 1 DDA for CLU permission. The land was in the meanwhile also leased out to the concerned oil company for the purposes of the petrol pumps.

(3.) It is stated that on 27th September 2005 the DDA came out with a Notification No. S.O. 1395(E) containing regulations for establishment of petrol pumps over private land. In terms of Clause 1 of the Regulations, petrol pumps were to be permitted on private land which were not either notified for acquisition nor under acquisition in urban areas (including urban extension areas) and in the Rural Use Zone. The plot size and conditions relating to the width of the road on which the petrol pumps were to be located, were also set out in these regulations. The Petitioners state that their applications for CLU permission were considered by a Technical Committee of the DDA in meetings held on 17th July 2006, 5th December 2006 and 1st February 2007. The Petitioners state that while three cases were approved by the Technical Committee, the Petitioners' cases and cases of other similarly situated persons were either deferred or rejected.