ASMEEN VAISHYA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has challenged the condition No. 5 mentioned in Annexure P-2 dated 11-5-2011. Pursuant to an application submitted by the petitioner for providing him the land for use for establishment of a petrol pump, Ministry of Environment and Forest (for brevity 'Ministry') issued the order dated 25-4-2011, whereby a conditional approval was given for establishment of petroleum outlet on the land in question. In clause 5 of the letter of the said Ministry, Annexure P-1, it is mentioned that the State Government may impose any other condition on petitioner. In turn, by Annexure P-2 dated 11-5-2011 the State Government has directed the petitioner to pay premium and lease rent before transfer of the revenue forest land. This condition of Annexure P-2 is under challenge in this petition. Brief facts necessary for adjudication of this matter are as under:--

(2.) Shri K. S. Tomar, learned senior counsel has raised following points to attack the aforesaid condition :-

(3.) The petitioner has relied on following judgments of Supreme Court:-- T. N. Godavarman vs. Union of India, 1997 AIR(SC) 1228 Rural Litigation and Entitlement Kendra vs. State of U. P., 1989 Supp1 SCC 504, A. Chowgule and Co. Ltd, vs. Goa Foundation and Ors., 2008 12 SCC 646, T. N. Godavarman vs. Union of India, 2008 7 SCC 126, T. N Godavarman vs. Union of India, 2006 1 SCC 1, Bansiram Modi and ors. vs. State of Bihar, 1985 3 SCC 643, Nature Lovers Movement vs. State of Kerla and ors., 2009 5 SCC 373, K. Balakrishnan Nambiar vs. State of Karnataka and ors., 2010 1 MPLJ 294, Monarch Infrastructure (P) Ltd. vs. Commissioner, Ulhasnagar Municipal Corporation and others, 2000 5 SCC 287, Narbada Bachao Andolan, vs. State of M. P. and another, 2011 7 SCC 639, State of Karnataka and ors. vs. Karnataka State Patels Sangha and others, 2007 AIR(SC) 1188 National Building Construction Corporation vs. S. Raghunathan and others, 1998 7 SCC 66, Kamal Kishore vs. State of M. P., 2007 1 MPLJ 181, Tarun Bharat Sangh vs. Union of India, 1993 Supp3 SCC 115, Raheja Universal Limited vs. NRC Limited and others, 2012 4 SCC 148.