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1999 Supreme(SC) 766

S.SAGHIR AHMAD, J.JAGANNADHA RAO
M. C. Mehta – Appellant
Versus
Union Of India – Respondent


Judgment

M. Jagannadha Rao, J.-The applicant in I.A. No. 481 is Sri Inder Mohan Bensiwal who is an allottee of a retail outlet dealership for Petrol from the Hindustan Petroleum Ltd. (8th respondent)(hereinafter called ‘HPCL’) under a letter dated 16-11-1993. I.A. 481 is filed by him for restoration of the San Marten Marg plot as a dealer of HPCL. The contesting party in the I.A. 481 is Bharat Petroleum Co. Ltd. and it has filed an independent IA also for quashing the order dated 10.3.1999 on the ground of violation of principles of natural justice.

2. The facts of the case are as follows:

Initially the HPCL wrote to the Land & Development Officer, Ministry of Urban Development for allotment of suitable site to the HPCL on 17.11.1993 and 24.1.1994 and an order was passed by the Deputy Land & Development Officer on 7.9.1994 allotting a site described as Site B. But finally by order dated 10.7.1996 a site at San Martin Marg, Cha­nakyapuri, New Delhi was allotted by the Land & Development Officer to HPCL for the purpose of the petrol station of the applicant.

3. But, the order of this Court in a public interest case changed the turn of events. On 28.4.1997, this Court passed an order in
































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