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DELHI HIGH COURT
Kailash Gambhir, J.
Bharat Petroleum Corporation Ltd. - Appellant
Versus
Delhi International Airport P.Ltd.& Anr. - Resopndent
IA Nos. 7905/2011 and 12029/2011 in CS(OS) 1178 of 2011
Decided On : 11-02-2013
Civil Procedure Code, 1908 - Order 39 Rule 1, 2 and 4 read with Section 151 and Sections 4, 5A of the Aircraft Act, 1934 r/w Rule 133A of the Aircraft Rules, 1937 and Sections 52, 60(b) of the Indian Easement Act, 1882 - Failure to establish a prima-facie case - Plaintiff was granted a license in respect of land for the purpose of service station and hydrant facilities vide License Agreement executed by IAIA for a period of five years - License was extended for a further period of five years - Plaintiff had not disputed the fact that defendant No. 1 had already invested more than Rs. 1 crore in making a provision of tap off point and was further prepared to provide an alternate location outside the apron area to the plaintiff - Main reason and rationale given by experts recommending shifting of ATF facility from the apron area was to secure safety of the operation of the aircrafts - Plaintiff claimed its license to be an irrevocable license - Plaintiff failed to specifically point out any kind of commercial motives either of the defendant no.1 or defendant no.2 in the removal of the ATF facility of the plaintiff from the apron area - Aggrieved by the threat extended by defendant No. 1 and to save itself from being illegally dispossessed from the site in question, plaintiff had filed the suit to seek an order of permanent injunction to restrain the defendant No. 1 from acting or proceeding on the basis of the notice - Held: Plaintiff not been able to establish a prima-facie case in its favour - Grant of injunction in favour of the plaintiff would pose serious safety threat to the aircraft operations at Terminal-I which would be detrimental to the public interest - Status quo vacated - Application dismissed.
Kailash Gambhir, J.—
1. By this order I propose to dispose of the application filed by the plaintiff under Order 39 Rule 1 and 2 read with Section 151 CPC and application filed by defendant No. 1 under Order 39 Rule 4 read with Section 151 CPC.
2. Before I deal with the rival contentions raised by the counsel for the parties, it would be necessary to give a brief narration of the facts as set out by the plaintiff in the plaint. The plaintiff, Bharat Petroleum Corporation Ltd., a public sector oil company, is engaged in refilling of crude oil and marketing of various petroleum products including Aviation Turbine Fuel (ATF) which is supplied to the aircrafts of various airlines landing and taking off from the Terminal-1 (only Domestic) of Delhi Airport. The business of storing and supplying ATF to the aircrafts at Delhi Airport commenced some time in the year 1950 by the predecessor-in-interest of the plaintiff i.e. Burmah Shell Oil Storage and Distributing Company of India Ltd. which had then installed underground storage tanks, constructed building/structure and had also placed other facilities including bowsers for supply of fuel into aircraft at the Delhi Airport. After enactment of the Burmah Shell (Acquisition of Undertakings in India) Act, 1976, the right, title and interest of the said Burmah Shell Oil Storage and Distributing Company of India Ltd. in the licensed land got transferred to the plaintiff company and since then the plaintiff company has been carrying on the said business of storing and supplying the Aviation Turbine Fuel to the aircrafts at the Delhi Airport.
3. It is further alleged in the plaint that the License Agreement between the plaintiff Co. and the then International Airport Authority was renewed from time to time and vide the last License Agreement dated 11.9.1986, the plaintiff Co. had agreed to pay an amount of Rs. 1,65,051.37 per year to the Airport Authority for supplying the Aviation Turbine Fuel to the Aircrafts. According to the plaintiff, being conferred with the same rights, it had executed certain works of permanent character at the licensed site the replacement value of which would not be less than Rs. 3.65 crores.
4. It is further alleged in the plaint that the defendant no. 1, after taking over all the operations of the Delhi Airport from the earlier airport authority, started pressurizing the plaintiff Co. to stop running its business from the apron area of the airport without any reasonable ground whatsoever in furtherance of its unwarranted commercial gains.
5. It is also alleged in the plaint that in order to avoid the huge loss and to find out a mutually acceptable solution, the plaintiff gave an offer to relocate its said installed facilities, if suitable alternative land within apron area of Terminal-I was provided by the defendant. It is further alleged that instead of paying any heed to the proposals offered by the plaintiff, the defendant no. 1 vide its notice dated 4.5.2011 asked the plaintiff to completely close down its activities of storing the Aviation Turbine Fuel as well as the movement of tank trucks and parking of bowsers in the proximity of Taxiway C, Terminal-1 Apron area w.e.f. 15.5.2011. The defendant No. 1 through the said notice also threatened the plaintiff to demolish all structural premises in existence at the apron area in the event of the plaintiff not discontinuing all its activities in relation to the storage of ATF, movement of tank trucks and bowsers etc. within the said period.
6. Feeling aggrieved by the said threat extended by defendant No. 1 and to save itself from being illegally dispossessed from the site in question, the plaintiff has filed the present suit to seek an order of permanent injunction to restrain the defendant No. 1 from acting or proceeding on the basis of the said notice dated 4.5.2011.
7. This case was taken up by the Court on 13.5.2011, when defendant No. 1 was duly represented by Mr. Atul Sharma, Advocate. After hearing the
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