AZAD FUEL CENTRE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is unfortunate that a freedom fighter, almost at the fag end of this life, had to come to this Court complaining about high-handedness of the respondents in the matter of petrol pump, allotted to him under the reserved category of Freedom Fighters through present petition filed by him, as a proprietor of M/s Azad Fuel Centre, under Article 226 of the Constitution of India, he seeks writ in the nature of mandamus directing respondents 1 to 6 to permit him to run the retail outlet allotted to him by respondent No. 2 at Cemetery Road, Civil Lines, Ludhiana which has been commissioned after obtaining sanctions from all the authorities concerned including, No objection Certificate from the Deputy Commissioner, Ludhiana. In wake of the facts and circumstances of this case, petitioner further prays for a writ in the nature of mandamus directing respondent No. 2 to release the equipments, namely, 2 numbers 20 kilolitre tanks, petrol discharging machine and other equipments which have been confiscated by the said respondent in a totally illegal and arbitrary manner. The reliefs, as set out above, stem from the facts which need a necessary mention.

(2.) AS mentioned above, petitioner is a Freedom Fighter having struggled against the British Government in the nineteen thirties and nineteen forties. Respondent No. 7 issued an advertisement for the allotment of petrol pump in Ludhiana in the category of Freedom Fighter. On July 7, 1993 petitioner submitted an application for being considered for the allotment of petrol pump site. On November 8, 1993 Shri Anant Ram, proprietor of the petitioner was called by the Oil Selection Board, Punjab, at Ludhiana, for interview. After the interview and completing all the formalities, Anant Ram was issued letter of intent. He requested respondent No. 7 that he should also be allotted land to run the petrol pump as he was unable to purchase the land due to paucity of funds. Respondent No. 7 sent a letter to the State of Punjab requesting them to allot a suitable land so that they could start a petrol pump for freedom fighter. After looking into the matter, State of Punjab allotted land to respondent No. 7 measuring 333.33 sq. yards which belongs to the provincial Government of Punjab @ Rs. 1000 per sq. yard. On February 13, 1998, respondent No. 7 made required payment and the land measuring 333.33 sq. yards was registered in the name of said respondent, vide Annexure P-4 and on March 11, 1998 possession of the land was delivered to respondent No. 7 for setting up of the petrol pump. The Deputy Commissioner, Ludhiana, sent request for the grant of No Objection Certificate to the various authorities such as District Magistrate, Fire Office of Municipal Corporation, Ludhiana, District Town Planner, Municipal Corporation, Ludhiana, Sub Divisional Magistrate, District Food and Supplies Controller and Senior Superintendent of Police. All the authorities mentioned above gave their approval for setting up the petrol pump as per Annexures P-6 to P-11. A map showing the site lay out and also the detailed building lay out which was duly approved by the Municipal Corporation, was also sent to the Deputy Commissioner. On March 6, 1998 the Joint Chief Explosive Controller, North, Faridabad, issued a licence for the petroleum service station in Ludhiana District. On March 11, 1998, keeping in view the No Objection given by all the authorities, the Deputy Commissioner, Ludhiana, also issued No Objection Certificate for setting up a retail outlet to the market petrol only to two wheelers. Company also sent two numbers 20 kilolitre petrol storage tanks to be installed at the site and also petrol discharging machine. On March 21, 1998 after borrowing money, the petitioner purchased 12000 litres of petrol and the same reached at the spot. On March 22, 1998 the petrol pump started functioning. To the misfortune of the petitioner, on the same very day, i.e., March 22, 1998 a large force of Municipal Corporation, Ludhiana, arrived at the petrol pump site in trucks under the supervision of respondents 3 and 4 and without any warning and without asking for any document, dismantled the petrol pump. Proprietor of the petitioner then met the Senior Superintendent of Police, Ludhiana to register an FIR but he declined to do the same. It is in wake of these facts and circumstances that the present petition has been filed for the reliefs, as referred to above.

(3.) SEPARATE written statements on behalf of respondents 1 and 6, 2, 3, 4, 5 and 7 have been filed. Insofar as written statement filed on behalf of respondent No. 7 is concerned, it supports the cause of the petitioner. It has further been mentioned in the written statement filed on behalf of said respondent that on March 22, 1998 the officers of respondent No. 7 were also man handled at the site of the petrol pump and had to flee from there. The said officers then approached the SSP, Ludhiana along with a written complaint requesting for lodging of an FIR and provision of security but no heed was paid to the complaint dated March 22, 1998. Respondents 1 and 6, i.e., the State of Punjab and Deputy Commissioner, Ludhiana, in their separate written statement, have pleaded that No Objection Certificate for installation of the petrol pump was issued by respondent No. 6 after following the due procedure. It has further been averred that allotment of a piece of land 60 x 50 feet, measuring 333.33 sq. yards, a provincial Government land, was approved by the Department of Revenue, Government of Punjab, vide its memo dated 30.12.1997 and endorsement dated January 13, 1998 under the Punjab Government Instructions issued vide letter dated February 20, 1984 whereby procedure for disposal of provincial government land has been given. By and large, other averments made by the petitioner with regard to grant of various certificates etc. and permission to instal the petrol pump have also been admitted. With regard to the incident that took place on March 22, 1998, it has been pleaded that moment respondent No. 6 came to know about the law and order problem at the site, Additional District Magistrate was asked to reach at the spot and ensure law and order. On reaching the spot, the Additional District Magistrate explained to the protesters the approval granted by the various authorities. The Additional District Magistrate further explained that in view of the hazardous nature of petroleum products, to avoid any mishap, the installations should not be touched by any one in the absence of Bharat Petroleum Corporation officials. But the protesters gheraoed the Additional District Magistrate and he became helpless. The Additional District Magistrate somehow managed to come out and submitted a spot report to respondent No. 6 which was forwarded to the State Government immediately for appropriate action. It is further pleaded that on the evening of March 22, 1998 at about 7 PM, respondent No. 6 received a letter from respondent No. 2 for giving ex-post facto sanction to the use of police force. The normal procedure for grant of police help to any Govt. or Semi Govt. organisation is that the concerned department/organisation applies to respondent No. 6 and then after scrutiny by the said respondent, an order is issued according to the concerned Senior Superintendent of Police, to provide police help.