HILLTOP SERVICE STATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) A retail outlet dealer of Indian Oil Corporation, situate in the junction of Road No. 1 and Road No. 10, Banjara Hills, Hyderabad, was constrained to invoke Article 226 of the Constitution of India questioning the over-night demolition of a running petrol pump service station by the Municipal Corporation authorities without following the due process of law.

(2.) The factual matrix leading to the filing of the present Writ Petition is set out as hereunder: The petitioner is a dealer of the Indian Oil Corporation and has been operating petrol and diesel outlet situate at the junction of Road No. 1 and Road No. 10 of Banjara Hills, Hyderabad since the inception of his dealership. The Indian Oil Corporation, the 8th respondent herein, took the site admeasuring 980 Square Yards situate in Survey Nos. 266/2/1 and 266/2/2 under a registered lease deed dated 12-7-1973. The period of the lease was for 20 years from 1-10-1973 and it contained a term that the lease stands renewed on the expiry of the said period automatically and without any further act of the parties. Thus, after the expiry of the initial term of 20 years, the lease was automatically extended for a like term. The 8th respondent-Oil Corporation continued to pay the rents in the usual course to the owners of the land even after 1993 and the same were being accepted. By virtue of the conduct of the parties, the lease stood renewed. It would appear, the landowner filed a suit in O.S.No. 890 of 1997 on the file of the V Junior Civil Judge, City Civil Court, Hyderabad, seeking a permanent injunction against the 8th respondent-Oil Corporation restraining it from encroaching into the land on the southern side of the retail outlet. The said suit was dismissed on 5-6-2000. Meanwhile, the 8th respondent-Oil Corporation thought it advisable to take steps to permanently acquire the site and approached the District Collector, Hyderabad-2nd respondent in the year 1999 with a proposal to initiate proceedings under the Land Acquisition Act with regard to the site in question. It would appear, the District Collector responded favourably and directed the 8th respondent-Oil Corporation to deposit an amount of Rs. 98,39,000-00 towards the tentative compensation. The said amount was accordingly deposited by way of Bankers Cheques bearing No. 961081 dated 26-9-1999 and No. 961022 dated 10-9-1999.

(3.) On 29-7-2000, Saturday at about 7-45 a.m. the staff of respondents 4 to 6 have trespassed into the retail outlet of the writ petitioner without serving any notice and demolished the canopies and other structures. The Supervisor and staff of the petitioner-Petrol Bunk told the staff that they are indulging in illegal demolition and it is in violation of the Explosives Act. The service station Supervisor was taken into custody by the Police of the Banjara Hills Police Station and was confined in the station. Again, on 30-7-2000 Sunday also the Municipal Corporation staff descended on the site and demolished the office room. Questioning the high-handed action of respondents 4 to 7, the present Writ Petition has been filed seeking appropriate relief.