ASHOK KUMAR SINGH Vs. COLLECTOR SHAHJAHANPUR

JUDGEMENT

(1.) The petitioner was appointed dealer by the Indian Oil Corporation for Liquid Petroleum Gas (in brief the LPG) at Tilhar, District Shahjahanpur. He purchased a land on 30-5-1986 by registered sale deed on Tilhar Road. He was granted licence on 14-7-1986 by the Government of India, Department of Explosives for construction of godowns for storage of LPG on 5-7-1986. The Municipal Board sanctioned the map of the petitioner for construction of show room and godown. The petitioner on 16-7-1986 made an application for permission to the District Magistrate, Shahjahanpur for construction of godown and showroom on National Highway No. 24, Lucknow-Bareilly Road and submitted the sanctioned map along with other papers as provided by Section 6 of the U. P. Roadside Land Control Act, 1945 (in brief the Act). The application of the petitioner was sent by the office of the District Magistrate on 18-7-1986 to the Resident Engineer, National Highway, Shahjahanpur. The petitioner did not receive any communication from the office of the District Magistrate and after expiry of about three months period on 18-10-1986 he presumed that the permission for construction of godown and showroom has been deemed to be granted under Section 6(6) of the Act. Therefore, he constructed the godown and the showroom at a distance of 65 feet from the centre of the road and opened Tilhar Gas Agency.

(2.) The State of Uttar Pradesh filed a case under Section 4(1) of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 before the Prescribed Authority, Tilhar, Shahjahanpur. The scribed Authority on 23-4-1993 dismissed the case and dropped the proceedings against the petitioner. Thereafter, the Resident Engineer, National Highway filed an application on 25-6-1993 before the Collector under Section 13(2) of the Act for demolition of godown and showroom on the ground that it had been constructed in the controlled area without obtaining prior permission of the Collector. The Collector on 6- 12-1993 issued notice, which was replied by the petitioner. On behalf of the Resident Engineer Sri Ram Prakash Agarwal, Junior Engineer filed his affidavit in support of the case. A report was called by the Collector from the Tehsildar who submitted his report on 19-5-1997 along with a site plan. The Collector on 15-9-1999 directed demolition of the showroom and the godown being within 110 feet from centre of the road. The order dated 15-9-1999 has been challenged by the petitioner in this petition.

(3.) We have heard Sri V. Singh, learned counsel for the petitioner and learned standing counsel appearing for the respondents. The learned counsel for the petitioner has urged that the petitioner had applied for permission to the Collector in writing on 16- 7-1986 to construct the showroom and the godown and since no order was passed on this application by the Collector, nor any communication was received by him, therefore, in view of Section 6(6) of the Act, the permission was deemed to have been granted without any condition and the constructions were not liable to be demolished. He further urged that Rule 7 of the U.P. Roadside Land Control Rules, 1964 (in brief the Rules) provides that the construction of the building should not be allowed from the centre line of any road on National and Provincial Highways in open and agricultural areas 75 feet and in urban and industrial area 60 feet. Since the construction of the petitioner had been made at a distance of about 65 feet from the centre of the road on the national highway in an urban area, therefore, the construction of the petitioner was within permissible limits and it could not be demolished and the impugned order passed by the Collector was liable to be quashed.