INDORE DEVELOPMENT AUTHORITY & ANR Vs. ASHOK DHAWAN

JUDGEMENT

(1.) Heard on the question of admission. By this intra-court appal (sic:appeal), the appellants (respondent Nos.1 & 2 in the writ petition) are aggrieved by the order dated 07.04.2015 whereby learned Writ Court while allowing the Writ Petition No.8844/2014 filed by the respondent - Ashok Dhawan directed the appellants to issue 'No Objection Certificate' to the respondent, within a period of ten days from the date of receipt of certified copy of the order.

(2.) Brief facts of the case are that the respondent was allotted a property situated at Plot No.5, Scheme No.59 admeasuring 8000 square meters on 26.11.1981 and he was placed in possession on 26.02.1988. On 01.11.2004, a registered lease deed was executed for 30 years in favour of the respondent for construction of residential purpose. On 17.09.2011, an advertisement was issued by the Bharat Petroleum Corporation Ltd. (BPCL) for allotment of dealership of petroleum retail outlet. The respondent applied for allotment of dealership of retail outlet and was interviewed by BPCL on 18.02.2011. He was again interviewed and finally he was selected by the Oil Company and later on, a Letter of Intent (LOI) was issued on 18.02.2012. The respondent was directed to obtain 'No Objection Certificate' from various departments. Clause 9 to 11 of the LOI reads as under :-

(3.) The respondent in pursuance to the aforesaid, applied for statutory 'No Objection Certificate' from all the departments, as required by the Oil Company. In pursuance to the aforesaid, he filed an application before the Indore Development Authority (IDA) for converting the property in question to free hold property and the IDA converted the property in question as free hold property and executed a lease deed on 09.07.2012 by charging a premium to the tune of Rs.1,48,640/-.