RADHIKA CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Under the extant policy of the Ministry of Petroleum and Natural Gas, Government of India allotments of retail outlets for dispensing MS/HSD were to be made by the Oil Companies under the Rural Development Plan with certain percentages of allotments for Schedule Castes and Scheduled Tribes. In pursuance to the aforesaid policy the respondent-Bharat Petroleum Corporation (for short, 'BPCL') called for applications from SC (Women) category for allotment of petrol pumps. The successful of the applicants were to be given a fully developed retail outlet constructed at the costs of BPCL over the land purchased by it--both from the Corpus Fund Scheme. The costs expanded on the setting up of the retail outlet as determined by the respondent-BPCL were to be recovered from the allottee in 100 equated monthly installments commencing the 13 th month of commissioning of the retail outlet dealership.

(2.) The petitioner as an applicant for allotment of the SC (W) dealer-ship was chosen for a retail outlet under the rural marketing plan with location Goner Region, District Jaipur. For setting up the retail outlet at the aforesaid location BPCL wrote to the JDA for allotment of an appropriate parcel of land. Vide letter of allotment dtd. 21/8/2007 the requisite parcel of land was allotted by the JDA to the BPCL on cost of Rs.1,00,00,000.00 (one crore). Lease deed dtd. 21/9/2007 was then executed. Possession was handed over to BPCL on 26/9/2007 which thereupon sought to commence activities for the development of the retail outlet. Disputes however then arose between the allottee BPCL and the Khatedars who claimed ownership and possession of the aforesaid land leased by JDA to BPCL stating the land had not been lawfully acquired under the Land Acquisition Act, 1989 or otherwise and hence neither the State nor the JDA had any authority to further allot it. A petition SBCWP No.68/2009 titled Ram Kishore and Ors. vs. State of Rajasthan and Ors. questioning the legality of the acquisition of land in issue is pending before this Court where an order of status quo obtains. It appears that in regard to the dispute as to ownership and possession of the land leased by JDA to BPCL, a FIR was also lodged by BPCL against the erstwhile Khatedars of the land alleging obstruction in the development of the land allotted by the JDA for setting up a retail outlet. That has however been of no avail and a final report (negative) has been filed by the police following investigation accepted by this Court and attained finality. It has also transpired that BPCL has filed petition SBCWP No.20113/2012 against JDA praying in the facts of the case interalia for allotment of the alternative parcel of land in lieu of land leased under deed dtd. 21/9/2007 for development of a retail outlet for dispensing

(3.) It is, in the aforesaid context that this petition has been filed with the followings prayers :-