INDIAN OIL CORPORATION Vs. MUNICIPALITY THANESAR

JUDGEMENT

(1.) This judgment shall dispose of C.W.P. No. 5057 of 1988 and C.R. No. 1102 of 1988. The subject-matter of dispute in both of them being the same and the questions of law involved being common, it is expedent to dispose them of together. Reference to the parties, facts and documents, unless otherwise specified, shall, however be made from C.W.P. No. 5057 of 1988.

(2.) When C.R. No. 1102 of 1988 was at the motion stage, an order was passed on 6.5.1988 by M.S. Liberhan, J. appointing Shri Rajan Gupta, Advocate as Local Commissioner to inspect the spot and submit his report within a week on the following points:-

(3.) It is the case of the respondent that the Government of Haryana vide letter dated 11.8.1972 Annexure Rule 1 had decided that no one should be permitted to set up/open a petrol pump within the limits of the municipal committees. The dealer made an application Annexure Rule 2 to the then Minister for Local Government, Haryana, for allowing him to set up a petrol pump at the site in dispute. The Government vide letter dated 18.5.1976 Annexure Rule 3 asked the Deputy Commissioner, Kurukshetra, to give his comments and make recommendations on the application of the dealer and in particular on the following point:-