MAN CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Article 2261227 of the Constitution of India for a Writ of Prohibition restraining the respondents from demolishing the Filling Station along with underground petrol and diesel tanks, structure and other installations situated at Zirakpur on Ambala-Kalka, Ambala-Rajpura road, in the revenue estate of village Lohgarh, Tehsil Rajpura, District Patiala.

(2.) The facts giving rise to the filing of this petition are that the petitioner obtained a retail dealership of petroleum products including diesel and petrol from M/s Esso Standard Eastern Inc. (hereinafter called the Company), a company in the year 1969. This Company has now been taken over by the Government of India and is known as M/s Hindustan Petroleum Corporation Limited. The petitioner purchased land for installation of petrol pump from one Nasib Singh vide a registered sale deed dated 8th April, 1970. Later on he purchased the adjoining land from one Baldev Singh vide another registered sale deed dated 15th July, 1970. Possession of the land was taken earlier when agreement to sell was executed. The Company obtained a no objection certificate for installation of the Filling Station from the Deputy Commissioner/District Magistrate, Patiala, copy of which was Annexure P.1. While granting "No objection Certificate" the Deputy Commissioner, Patiala imposed it condition to the effect that the building plans of the proposed petrol pump and other details of the inlet and outlet to the main road were to be got approved from the State Town Planner, Punjab, Chandigarh, before the construction work started. The company on behalf of the petitioner applied for necessary approval of the proposed construction of the petitioner's Filling Station and approval was accorded by the Town and Country Planner, Punjab, Chandigarh as well as Deputy Commissioner, Patiala vide his memorandum No. PLA/1683 dated 14th October, 1969, copy of which was Annexure P.2. The Company also obtained a licence on behalf of the petitioner from the Controller of Explosives, Agra, under the Petroleum Act, 1934 which was renewed from time to time. The petitioner also got on lease Government land abutting the road for ingress and outgress to the Filling Station vide Annexure PA Thereafter building was constructed and Filling Station was installed with filling apparatus in the year 1969-70 and since then the petitioner was carrying on his business as a retail dealer of petroleum products.

(3.) On 17.1.1983 at about. 4 p.m. five officials of Punjab Housing and Urban Development Department came to the Filling Station of the petitioner' and asked him to remove his valuable articles from the site of the Filling Station within two days as the -construction of the Filling Station was against law. They further threatened to demolish the Filling Station forcibly in case the petitioner failed to comply with their directions. The petitioner made enquiries from the Directorate, Housing and Urban Development Department and was told that construction and installation of Filling Station was against the provisions of Section 5 of the Punjab New Capital (Periphery) Control Act, 1952 (the Act for short) which provided that no person shall erect or re-erect any building or make or. extend an excavation or lay out any means of access to a road in the controlled area save in accordance with the plans and restrictions and with the previous permission of the Deputy Commissioner in writing. The petitioner claimed that permission of the Deputy Commissioner for construction and installation of the Filling Station was duly obtained vide Annexure PA and condition. of getting building plans approved from State Town Planner, Punjab was complied with before the construction was raised. The construction could in no way be considered in violation of the Act and threat of demolition of petrol pump was illegal, arbitrary and mala fide.