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1999 Supreme(SC) 1612
SUPREME COURT OF INDIA
G.B. Pattanaik and N. Santosh Hegde, JJ.
M.C. Mehta - Appellant
Versus
Union of India and Ors. - Respondent
IAs No. 1149 in No. 18 in Writ Petition (C) No. 4677 of 1985.
Decided On : 31-08-1999
For the Applicant :- Rajiv Dutta, Advocate.
For the Petitioner:- M.C. Mehta, Advocates.
For the CPCB :- Vijay Panjwani, Advocate.
For the DDA :- V.B. Saharya and M/s Saharya & Co., Advocates.
For the Union of India :- C.V.S. Rao, B.V. Balram Das, Niranjan Singh, Ranjit Kumar, S.N. Sikha and S.K. Bhattacharya, Advocates.
The court has the authority to injunct the operation of a petrol pump at a disputed site and can direct the concerned authority to respond to a request for an alternative site within a specified timeframe.
Headnote:
Petrol Pump - Allotment Dispute - The court refused to allow the applicant to continue operating the petrol pump at the disputed site and injuncted the operation. The Delhi Development Authority (DDA) was directed to respond to the applicant's request for an alternative site within 4 weeks, considering the ongoing dispute over the allotted site.
Fact of the Case:
The applicant sought directions to allot a site at a community center, to continue the petrol supply, and to grant sufficient time to shift the petrol pump to an alternative site. The writ petition had directed the relocation of the petrol pump from the Ridge Area, but the applicant faced a dispute over the allotted alternative site.
Finding of the Court:
The court refused to allow the applicant to continue operating the petrol pump at the disputed site and injuncted the operation. The DDA was directed to respond to the applicant's request for an alternative site within 4 weeks, considering the ongoing dispute over the allotted site.
Issues: Dispute over the allotment of an alternative site for the petrol pump, ongoing operation at the disputed site, and the request for sufficient time to shift the petrol pump.
Ratio Decidendi: The court decided to injunct the operation of the petrol pump at the disputed site and directed the DDA to respond to the request for an alternative site within 4 weeks, taking into account the ongoing dispute over the allotted site.
Final Decision: The applicant was not allowed to continue operating the petrol pump at the disputed site, and the DDA was directed to respond to the request for an alternative site within 4 weeks.
ORDER :
1. This application has been filed in the disposed of Writ Petition No. 4677 of 1985 with the following prayer:
(a) Issue suitable necessary directions to the Delhi Development Authority through the Commissioner (Lands Management) or through other authorised and competent officer to allot the site at Community Centre, Ma Anandmai Marg following the DCP norms.
(b) Direct the authorities concerned to consider the case of the applicant and to continue to supply uninterruptedly.
(c) Grant the applicant sufficient time to shift the petrol pump to the alternative site to be allotted to the applicant.
(d) Pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case.
2. The writ petition was itself disposed of by order dated 8-10-1996 directing that the petrol pump located in the Ridge Area be relocated and start functioning w.e.f. 30-4-1997. DDA was directed to find out suitable alternative sites to be allotted to these petrol-pump holders who otherwise would have to vacate the Ridge Area. Notwithstanding the aforesaid order, for one reason or the other this Court has been allowing some of the petrol-pump owners on the Ridge Area to continue the operation and the last order permits them to continue till 31-8-1999. The present application has been filed with one of the reliefs sought for being to grant the applicant sufficient time to shift the petrol pump to an alternative site to be allotted to the applicant. Be it stated that an alternative site had been allotted which the present applicant took possession of but subsequently DTC has raised a dispute and has filed a writ petition in the Delhi High Court and obtained an order of status quo as a result of which the present applicant is not in a position to shift the petrol pump to the allotted site. Even if this is a fact but we are not inclined to allow the applicant to continue operating the petrol pump on Sardar Patel Marg from today and the operation must come to an end. The earlier direction of this Court prohibiting Indian Oil Corporation from giving any petrol to the applicant must operate and the applicant is injuncted from operating the petrol pump at Sardar Patel Marg.
3. So far as the other prayer calling upon DDA to give him an alternative site since the site allotted is disputed now is concerned, we call upon DDA to file its response to the same within 4 weeks from today, bearing in mind the fact that DTC has already filed a writ petition in the Delhi High Court and has obtained an interim order of status quo which prevents the present applicant from shifting the petrol pump to the allotted area.
4. Put up after 4 weeks.
