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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Jagwant Kaur – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
Delay condoned. Leave granted.
2. The appellant was before the High Court challenging the allotment of L.P.G. distributorship at Balachaur; applications to which were invited by the Indian Oil Corporation (for brevity, “the Corporation”) by advertisement dated 19.01.2013 for allotment of such distributorship under various categories in different locations. The 4th respondent turned out successful by draw of lots held on 18.12.2014. The selection was cancelled initially by reason of instructions issued by the Ministry of Petroleum and Natural Gas, which stood revived by virtue of the guidelines issued by the Ministry dated 18.12.2015, later superseded by guidelines of 25.02.2016. The Writ Petition was rejected and the appeal filed therefrom also stood rejected, against which the petitioner preferred a Special Leave Petition in which we granted leave.
3. Shri V. Giri, learned Senior Counsel appearing for the appellant would contend that, along with the 4th respondent one other applicant had also proffered the very same piece of land for setting up the distributorship and this invited a disqualification as per the guidelines. The 4th respondent has now off
L.P.G. Distributorship can be allotted where land satisfied all requirements as per advertisement.
The court emphasized the importance of verifying the eligibility of a candidate on the last date of the application and upheld the IOCL's discretion to accept alternative land due to the long delay i....
Section 105 of Transfer of Property Act, 1882 read with Section 17(1)(d) and Section 49 of Registration Act, 1908 which specifically mandates that a lease deed for a period exceeding one year is comp....
The rejection of an LPG distributorship application is valid if eligibility criteria related to land ownership, as per selection guidelines, are not met, and principles of natural justice are not vio....
The court affirmed that alternate land can be offered after the issuance of a Letter of Intent, even if not owned by the applicant at the application deadline, emphasizing judicial restraint in admin....
'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 Un....
Ownership of land requires all co-owners to execute a lease deed; consent letters cannot suffice for eligibility.
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