Rooma H. v. Managing Director, Indian Oil Corporation Limited
2017-03-06
A.S.BOPANNA
body2017
DigiLaw.ai
ORDER : A.S. Bopanna, J. The petitioner is before this court assailing the order dated 30.10.2013 impugned at Annexure-P to the petition. In that regard, the petitioner is seeking issue of direction to reconsider and award of LPG Distributorship at Channapatna and Ramanagar Districts to the petitioner. 2. The petitioner being a graduate in Information Technology and also belonging to the Scheduled Caste had responded to the Notification dated 5.9.2012 issued by the respondents inviting applications for allotment of an agency of LPG Distributorship at Channapatna and Ramanagar Districts under the Scheduled Caste category. The petitioner claims that as per the requirement of the notification and the regulations governing the allotment of LPG distributorship, the petitioner has complied with all the formalities. So far as the land for the purpose of locating the godown, the petitioner had furnished the same as per the mortgage deed dated 3.12.2012 which had been executed in favour of the petitioner. The petitioner contends that the land as provided by the petitioner would satisfy the requirement of the regulation, despite which the respondents after field verification have wrongly concluded that the land as provided by the petitioner does not satisfy the requirement and as such, it is indicated in the communication dated 30.10.2013 impugned at Annexure-P that the land offered by the petitioner for the LPG godown is measuring 21.2 meter x 40 meter which is not sufficient for construction of a godown. It is also stated therein that an over head power line is passing near the land and as such the same is not suitable. The petitioner claiming to be aggrieved by such communication is before this court in this writ petition. 3. The documents based on which the property has been furnished for the purpose of establishing the godown is produced along with the objection statement to the petition at Annexure R-1 to R-5. It is the contention of the petitioner that there is no power line passing on the said land. The respondents have filed their objection statement wherein, a reference is made to the regulations governing the grant LPG distributorship. In that regard, regulation 7 relating to eligibility criteria is referred to and contended that regulation 7.1 (vi), refers to the manner in which the land for establishment of a godown is to be provided.
The respondents have filed their objection statement wherein, a reference is made to the regulations governing the grant LPG distributorship. In that regard, regulation 7 relating to eligibility criteria is referred to and contended that regulation 7.1 (vi), refers to the manner in which the land for establishment of a godown is to be provided. It is contended that the plot should be minimum dimension of 26.15 meters x 27 meters. In that light, it is contended that the shed for storage of 8000 kg LPG cylinders should be 80 sq. meters. 4. It is the case of the respondents that the land offered does not indicate the said dimension and therefore the plot furnished by the petitioner measures only the dimension of 77.76 sq. mts. In that light, it is contended that it does not satisfy the requirement. in so far as regarding the power line stated in the impugned communication, it is presently conceded that a power line is not passing over the land. The petitioner also has produced a communication which indicates that the competent authority has stated that the power line is not existing. In any event, the said aspect of the matter is not in dispute as such it does not require consideration at this point of time. 5. If that be the position, the only issue which requires consideration in the instant petition is as to whether the land as furnished by the petitioner could be considered as sufficient for the purpose for which it is provided and as to whether the respondents are justified in rejecting the claim on that ground. To consider this aspect of the matter, it would also be appropriate to refer to the documents produced at Annexure-R3 along with the objection statement of the respondents. The said document is the field verification credentials relating to the petitioner. A perusal of the same would indicate that in so far as the plot that has been provided it is indicated therein that the petitioner herein has mentioned the dimension of the land as 28 meters x 30.7 meters. However, as per the sketch of the surveyor the existing dimension is 21.2 meters x 40 meters.
A perusal of the same would indicate that in so far as the plot that has been provided it is indicated therein that the petitioner herein has mentioned the dimension of the land as 28 meters x 30.7 meters. However, as per the sketch of the surveyor the existing dimension is 21.2 meters x 40 meters. However, it is indicated therein that the said land is not suitable as the requirement is not in the same manner as the length and width of the plot which is indicated for the purpose of establishment of a godown. In that light, it has been indicated that the area of the shed would be 77.76 sq.mts. From the verification of the application, it is seen that the area available is 21.2 meters x 40 meters which would be over 80 sq.mts though the dimension however taken into consideration may not be in the same manner as east to west and north to south, as required by them. However, when the total area available is slightly over 80 sq. mts, the rejection of the application on such technical ground would not be permissible. Even if the dimension as noticed by the respondents is taken and the measurement of 77.76 sq. mts is accepted, there is substantial compliance and the capacity for storage made by the petitioner is sufficient. 6. Therefore, in such circumstance when all other requirements have been complied by the petitioner, the rejection of the application on this ground alone would not be justified. Furthermore, what is also to be kept in view is that the petitioner has subsequently furnished one more plot which measures much more than the requirement of the respondents. In that regard, the respondents contend that the land has been furnished only subsequent to the date of submission of the application i.e. 12.10.2012 and in that regard, the communications dated 2.9.2016 and 14.9.2016 is relied on. Even if that be the position, from the original requirements itself I have found that the land as furnished by the petitioner would satisfy the requirement. In that circumstance, even if the present land as offered is taken into consideration, it would not be contrary to the regulation inasmuch as a more suitable land than the land which is provided as per the requirement is being taken into consideration. 7.
In that circumstance, even if the present land as offered is taken into consideration, it would not be contrary to the regulation inasmuch as a more suitable land than the land which is provided as per the requirement is being taken into consideration. 7. Hence if all these aspects of the matter are kept in view, I am of the opinion that the communication dated 30.10.2013 would not be justified and the same is accordingly quashed. A direction is issued to respondents to consider the grant of the LPG distributorship of Channapatna and Ramanagar Districts to the petitioner in accordance with law. 8. The petition is accordingly disposed of.