KAUR AHLUWALIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner seeks a declaration that the taking over the possession of the land of the petitioner is illegal, arbitrary and against the policy decision and a mandamus directing the respondent No. 1/dda be issued not to interfere with the peaceful possession and enjoyment by the petitioner of the petrol pump site at No. 9/4, Mathura Road, Badarpur, Delhi.

(2.) BRIEF facts to appreciate the controversies between the parties are that the petitioner is the proprietor of M/s. Ahulwalia Highway Service Station, which is stated to be a dealer of respondent No. 2/indian Oil Corporation. Petitioner was granted dealership of respondent No. 2 outlet by letter dated 22nd March, 1971 on the terms and conditions stipulated in the said letter. According to the petitioner, the said firm has continued to run the petrol pump and an auto gas has also been installed. The husband of the petitioner who was running the petrol pump under the name M/s. Ahluwalia Highway Service Station had died and the firm was re-constituted which reconstitution was allegedly approved by Indian Oil Corporation.

(3.) THE petitioner asserted that she was shocked to receive a letter dated 30th january, 2009 from respondent No. 1 stipulating that the site of the petrol pump was required by Delhi Metro Rail Corporation for construction of Metro Station and Traffic Integration/parking for its Central Secretariat Badarpur Metro corridor which project is of larger interest/convenience of public and cannot be delayed. Consequently, it was conveyed to the petitioner that allotment of petrol pump at site No. 9/4, Mathura Road, Badarpur, has been cancelled, however, resitement of the petrol pump will be considered by DDA as per policy and availability of petrol pump sites.