JUDGMENT This Writ Appeal has been filed by the appellants/IOCL against the order dated 16/12/2013 passed by the Writ Court in Writ Petition No.6969/2013 allowing the writ petition filed by the respondent herein. 2. Respondent Rahul Sahu submitted an application for allotment of Rajiv Gandhi LPG Dealership at Tyonda, District Vidisha under OPEN category. A draw was conducted on 10/4/2013 and the respondent was found eligible for the dealership. Consequently, Field Verification Committee verified the requirements in regard to suitable land for construction of godown in accordance with the terms of clauses 9 and 10 of the General Instructions to the Candidates applying for LPG Distributorship. During investigation, it was found that the land offered by the respondent of Survey No.148 for dealership was not proper as it was in the names of Prem Narayan, Munna Lal and Guddi Bai. The joint owners of the land did not submit their consent, hence, the land offered by the respondent was not in accordance with the terms and conditions of the offer. Consequently, application of the respondent for allotment of distributorship of LPG was rejected. 3. Respondent challenged the rejection of his application before the Writ Court. The Writ Court vide impugned order allowed the writ petition filed by the respondent. 4. Following were the eligibility criteria in regard to land for the purposes of grant of distributorship of LPG under Rajiv Gandhi Gramin LPG Vitrak Scheme : (h) (i) Should own a plot of land of adequate size at the advertised RGGLV location for construction of godown for storage of 5000 Kg of LPG in cylinders or ready LPG cylinder storage godown of 5000 Kg capacity. As per Gas Cylinder Rules, 2004, the floor area of the storage shed for storing 5000 Kg LPG in cylinders should be 50 sq metres. The length of the storage shed should not be more than 1.5 times of width of storage shed. There should be clear minimum safety distance of 6 metres between storage shed and the boundary wall/fencing. The plot of land with minimum dimension of 20 metres by 24 metres is adequate. It should be freely accessible through all weather motorable approach road (public road or private road connecting to the public road).
There should be clear minimum safety distance of 6 metres between storage shed and the boundary wall/fencing. The plot of land with minimum dimension of 20 metres by 24 metres is adequate. It should be freely accessible through all weather motorable approach road (public road or private road connecting to the public road). In case of private road connecting to the public road, the same should belong to the applicant/member of family as defined in (iii) below in the ownership criteria for land. In case of ownership/co-ownership by family member(s) in respect of such private road, consent letter from respective family member(s) will be required. (ii) The land should be plain, in one contiguous plot, free from live overhead power transmission or telephone lines. Canals/Drainage/Nallahs should not be passing through the plot. The land for construction of LPG godown should also meet the norms of various statutory bodies such as PWD/Highway authorities/Town and Country Planning Department etc. (iii) Own means having clear ownership title of the property in the name of applicant/family member(s) of the 'Family Unit' as defined in multiple dealership/distributorship norm or land belonging to parents & grandparents (both maternal and paternal) of the applicant as on the last date for submission of application as specified in the advertisement or corrigendum (if any). In case of ownership/co-ownership by family member(s) as given above, consent in the form of a Notarized Affidavit from the family member(s) will be required. 'Family Unit' has been further defined which is as under : 'Family Unit' in case of married person/applicant, shall consist of individual concerned, his/her spouse and their unmarried son(s), daughter(s). In case of unmarried person/applicant, 'Family Unit' shall consist of individual concerned, his/her parents and his/her unmarried brother(s) and unmarried sister(s). In case of divorcee, 'Family Unit' shall consist of individual concerned, unmarried son(s)/unmarried daughter(s) whose custody is given to him/her. In case of widow/widower, 'Family Unit' shall consist of individual concerned, unmarried son(s) unmarried daughter(s). 5. From the eligibility criteria, it is clear that the person must have ownership, right and title of the property in his name or family members of the family unit. Family Unit means in case of married person/applicant, his/her spouse and their unmarried son(s), daughter(s), in case of unmarried person/applicant, his/her parents and his/her unmarried brother(s) and unmarried sister(s). 6.
5. From the eligibility criteria, it is clear that the person must have ownership, right and title of the property in his name or family members of the family unit. Family Unit means in case of married person/applicant, his/her spouse and their unmarried son(s), daughter(s), in case of unmarried person/applicant, his/her parents and his/her unmarried brother(s) and unmarried sister(s). 6. It is a fact that the land which was offered by the respondent of Survey No.148 was of the joint ownership of Prem Narayan, Munna Lal and Guddi Bai. All the joint owners did not offer their consent. Letter submitted by the respondent did not contain the signatures of Munna Lal and Guddi Bai. Hence, the respondent did not fulfil the requirement in accordance with the eligibility criteria fixed under the Scheme. In this view of the matter, in our opinion, the appellants IOCL have rightly rejected the application of the respondent for allotment of distributorship of LPG. 7. The Writ Court has observed that father of the respondent had given his no objection and he has 1/3rd share in the property which was property. Although father of the respondent has put forth his share, however, in accordance with the eligibility criteria, applicant must be the owner of the land. It means that if the land was of the ownership of the family, then all the family members must have given their consent. 8. In this view of the matter, this writ appeal is allowed. Impugned order passed by the Writ Court is hereby quashed. 9. No order as to costs. Appeal allowed.