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2008 Supreme(SC) 1526

C.K.THAKKER, D.K.JAIN
Sethi Auto Service Station – Appellant
Versus
Delhi Development Authority – Respondent


Advocates Appeared:
For the Appellants:Arun Jaitely, Sr. Advocate, R.S. Suri and Mohd. Wasay Khan, Advocates.
For the Respondents:A. Sharan, ASG., Vishnu B. Saharya (for M/s. Saharya & Co.), H.K. Puri, S.K. Puri, V.M. Chaudhary, Ms. Priya Puri, Parijat Sinha, Ms. Reshmi Rea Sinha, S.C. Ghosh and Snehasish Mukherjee, Advocates.

Judgment:-

D.K. Jain, J.

Leave granted.

2. This appeal is directed against a common judgment and order rendered by the High Court of Delhi at New Delhi on 6th February, 2006 in Letters Patent Appeals No.2715 and 2722 of 2005. By the impugned order, the appeals preferred by the two appellants herein, under Clause X of the Letters Patent have been dismissed.

3. The appellant firms-M/s Sethi Auto Service Station and M/s Anand Service Station own two petrol outlets adjacent to each other, located at NH-8, Mahipalpur, New Delhi since 1994. The land for the purpose was allotted by the Airport Authority of India (for short ‘AAI) whereas the petrol pumps were allotted by the Indian Oil Corporation (for short ‘IOC) and Hindustan Petroleum Corporation Limited (for short ‘HPCL) to Sethi and Anand respectively. According to the appellants, in the year 1999, a proposal was formulated for construction of an eight-lane express highway between Delhi and Gurgaon, including construction of a flyover/grid separator at Mahipalpur crossing, where the two petrol pumps in question are located. Claiming unviability in the operation of the two petrol pumps on account of construction of the flyover and relyi







































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