BHARAT PETROLEUM CORPORATION LTD Vs. ESTATE OFFICER, ADDITIONAL DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY MADRAS DIVISION

JUDGEMENT

(1.) W.P.No.6682 of 2013: The order impugned passed by the 1st Respondent / Estate Officer under the provisions of the Public Premises(Eviction of Unauthorized Occupants Act, 1971) is under challenge in this writ petition. Further, a direction is sought for to forbear the Respondents, its men, agents and representatives from levying or enforcing way leave charges in respect of the lands licensed to the Petitioner admeasuring around 20,688 sq.mts forming the pipeline corridor situated between the Petitioner's Installation Facility at Tondiarpet and the Refinery of Chennai Petroleum Corporation Limited at Mannali near Thiruvottiyur Railway Station at Chennai.

(2.) The learned counsel for the writ petitioner made a sincere attempt to convince this Court by stating that the orders impugned are untenable in the eye of law. The respondents have acted contrary to the terms and conditions of the Licence agreement dated 21.03.2000 and submitted their own letter dated 17.08.1999.

(3.) It is contended that the respondents 2 and 3 have no jurisdiction to demand the amount of way leave charges, which is in violation of the terms and conditions of the Licence agreement.