STATE OF HARYANA Vs. ADARSH FILLING STATION

JUDGEMENT

(1.) This is petition a to quash the order dated 18.4.1996 passed by the Commissioner, Hissar Division, in Executive Appeal No. 7 of 1995-96 Adarsh Filling Station v. Director, Town and Country Planning, Haryana, Chandigarh.

(2.) The facts relevant to the decision of the issue raised in this case are that while accepting the application dated 27.10.1994 submitted by Indo Burma Petroleum Company Limited (a Government of India enterprise), Deputy Commissioner, Bhiwani issued "No Objection Certificate" under the Petroleum Act and the rules framed thereunder for installation of retail outlet at the disputed site. The Executive Engineer, Provincial Division, PWD, B&R, Charkhi Dadri also granted no objection for this purpose. However, the application filed by the respondent No. 2 for grant of permission to change the land use was declined by the Director, Town and Country Planning, Haryana (Petitioner No. 2) on the following grounds:

(3.) Two days after the receipt of the communication dated 23.3.1995, the respondent No. 2 submitted representation Annexure P.6 reiterating request for grant of permission for change of land use. After some correspondence, the petitioner No. 2 again declined its request, as would appear from the letter Annexure P.9 dated 25.8.1995. This was challenged by respondent No. 1 before respondent No. 2. Similar appeal was filed by Mittal Auto Service Store. By the impugned order, the respondent No. 2 accepted both the appeals and declared that there can be no objection to the grant of permission for change of land use by the respondent No. 1.