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IN THE HIGH COURT OF PUNJAB AND HARYANA
RAKESH KUMAR JAIN, J.
Bikramjit Singh – Appellant
Vs.
Hindustan Petroleum Corp. Ltd. – Respondent
CWP No. 22394 of 2017
Decided On : 20-12-2017
LPG Distributorship - Eligibility Criteria - LPG Selection Guidelines of April 2011, Ministry of Petroleum & Natural Gas guidelines dated 25.02.2016 - Section 111 of the Transfer of Property Act, 1882 - Clause 6(i) and 7(i) of the Brochure
Fact of the Case:
The petitioner applied for LPG Distributorship, was found eligible, but his candidature was later rejected due to discrepancies in the land documents. The petitioner challenged the rejection, but the court found no merit in the petition.
Finding of the Court:
The court found that the petitioner's lease deed became redundant due to a condition, rendering it invalid. The petitioner failed to avail the option to submit details of alternate land as per revised guidelines, and thus, the court dismissed the petition.
Issues: Validity of lease deed, compliance with eligibility criteria, interpretation of guidelines, and retrospective application of guidelines.
Ratio Decidendi: The eligibility for LPG Distributorship is governed by the LPG Selection Guidelines and Ministry of Petroleum & Natural Gas instructions. The lease deed's validity is determined on the last date of the application, and the petitioner failed to meet the revised guidelines' requirements.
Final Decision: The court dismissed the petition, upholding the rejection of the petitioner's candidature for LPG Distributorship.
Rakesh Kumar Jain, J.
The Hindustan Petroleum Corporation Limited (for short "HPCL") issued an avertisement on 10.9.2011 for awarding LPG Distributorship at Amritsar, District Amritsar under the Scheduled Caste Category. The last date for submission of the application was 10.10.2011. The petitioner applied in time along with the requisite documents. He was found eligible in the list of applicants published on 16.8.2012 for draw of lots which was held on 23.11.2012 in which he was successful. However, his candidature was rejected on 15.5.2013. During the Field Verification Credentials (FVC), the following shortcomings were found:
"1. In your application at Sr.no.9, you have declared that you are having a plot for godown of 27m x 26.15 mtr. However this information was found wrong and from registered lease deed the land offered for godown is only 25.915 x 26.82 m and hence not meeting the minimum size required for 8000 Kg LPG godown. Hence you are failing in basic eligibility criteria for selection of LPG Distributorship Guideline 2011.
2. As per LPG Selection Guideline 2011, the land for godown should have motorable approach road (public road or private land of applicant connecting to the public road). In your case the connecting approach road to godown plot from Public road is a private road and does not belong to you. There are several owners to this private road. Though you have submitted affidavit from two of owners, and not from all owners, it means you are not having motorable approach road upto your plot for godown.
3. You have submitted copies of registered lease deeds for godown/showroom which were valid upto 03.10.2012 i.e. you are not having valid registered lease for showroom and godown."
2. Accordingly, the candidature of the petitioner was cancelled on 15.5.2013 on the ground that he was not meeting the eligibility criteria as stated in the LPG Selection Guidelines of April 2011. The petitioner challenged the said order by way of writ petition bearing CWP No. 14028 of 2013 in which notice was issued.
3. In the meantime, the original allottee of the LPG Distributorship, namely, Sohan Lal Amrohi, who was aggrieved against the cancellation of his allotment, became successful before the Hon'ble Supreme Court and the cancellation of his allotment was set aside and the aforesaid writ petition was dismissed as infructuous vide order dated 22.5.2014 passed by this Court, observing as under :
"Learned counsel for respondent No. 2 has informed the Court that Hon'ble the Supreme Court in the SLP filed by Sohan Lal Amrohi has set aside the order passed by the Single Judge and the decision of the Corporation to terminate dealership agreement dated 04.03.2008 was declared illegal and was quashed and the Corporation was directed to restore the dealership of the appellant within a period of three months from today i.e. 12.08.2013. Thereafter a review application was filed by HPCL, which was also dismissed on 24.04.2014.
Thus, the present petition filed by the petitioner for directing the respondents to issue the letter of intent for the LPG distributorship at Amritsar, District. Amritsar, has become infructuous.
Dismissed as having become infructuous. However, the petitioner can avail alternative remedy apart from the prayer made in this Court, in accordance with law."
4. However, the distributorship of said Sohan Lal Amrohi was again terminated on account of some other violations and as such the LPG Distributorship at Amritsar became available. Thereafter, the HPCL wrote a letter dated 05.8.2017 to the petitioner, informing that as per the revised Guidelines conveyed by the Ministry of Petroleum & Natural Gas, his application has been re-considered and his candidature was revived subject to the following grounds:
"Submit details of land owned/leased by your or your father/mother/grandfather and grandmother as on last date of application i.e. 10.10.2011 within 7 days on receipt of this letter."
5. The petitioner filed a detailed re
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