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1984 Supreme(Bom) 89

M.L.PENDSE
Bharat Petroleum Corporation Ltd. & another – Appellant
Versus
Municipal Corporation of Greater Bombay & another – Respondent


JUDGMENT - M.L. PENDSE, J.:---The petitioner No. 1-Bharat Petroleum Corporation Limited is a Government of India Company and by a lease deed dated September 10, 1964 from Mirchandanis a lessee in favour of the predecessor in title of petitioner No.1 i.e. Burmah Shell Oil Storage and Distribution Company of India Limited was obtained in respect of a piece of land admeasuring 630 Sq. Yards at Worli. The land includes a Petrol Service Station and other erections and structures standing thereon. The right, title and interest of the lessee now vests in the petitioner Company. The Petitioner No. 2. was appointed as a dealer in August 1978 for the purpose of running the Petrol Pump. The petitioners claim that the Petrol Pump is run on the leased property for last several years and has annual turnover of Rs. 31,52,000/-. The petitioner No.1 holds the required licence issued by the authorities under the Petroleum Act, 1934 and the rules framed under the said Act.

2. The Deputy Municipal Commissioner for Greater Bombay, Zone I, served notice dated March 20, 1979 on the petitioners under section 299 of the Bombay Municipal Corporation Act (hereinafter referred to as the "Act"). The notice reci

















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