K.M. Joseph C.J. (Oral)

This is a writ petition filed and purporting to be a public interest litigation. Petitioner claims to be a resident of Raipur, which falls in District Dehradun. He would point out that under Rule 3.13 (3) of Housing Construction and Development Rules, 2011 framed by the State of Uttarakhand, a plot for installation of a petrol pump in the plain area outside of the Municipal limit should be 35.0 X 35.0 Sq. Metres. The Rules further predicate that in the plain area within the municipal limits the area of the plot should be 20.0 X 20.0 Sq. metres. Respondent No.6 is the Bharat Petroleum Corporation Limited. It intended to install a petrol pump at the land bearing Khasra No. 132 GA Khata No. 120, which is said to be located at Village-Ladpur, Raipur Road, Pargana- Parwadoon, District–Dehradun belonging to the 7th respondent. The “No Objection Certificate” (NOC) has been granted by the District Magistrate, Dehradun to the 7th respondent for installing a petrol pump. It is alleged that there is violation of the Rules, which we have adverted to. The complaint is that the plot, which is offered by the 7th respondent is having measurement of only 18.5 X 37.13 Sq. metres. When the matter came up for admission, this Court on 3rd April, 2012 noted the minimum area of 35 X 35 Sq. metres as space for installing a petrol pump anywhere in the State outside the municipal limit. The Court granted an interim order restraining respondent Nos. 6 & 7 from installing the petrol pump on the land in question. Though, an application was moved for vacating the said order, that was rejected. Originally, the prayer in the writ petition was-

“to issue a writ order or direction in the nature of mandamus commanding the respondents to immediately stop proceedings for installation of petrol pump at Village Ladpur, Raipur Road, Dehradun and further no objection certificate issued by respondent Nos. 2 to 5 be quashed.”

2. Subsequently, the writ petition was amended seeking a writ of certiorari to quash the Government Order dated 15.02.2013 and also further to quash the order dated 15.07.2013 issued by the Mussoorie-Dehradun Development Authority (MDDA). By the Government Order dated 15.02.2013, what has happened is that the Government has, in purported exercise of power to relax the Rules, granted relaxation in favour of the plot in question. As far as the order dated 15.07.2013 of the MDDA is concerned, apparently on the basis of Government Order dated 15.02.2013, the Development Authority has granted sanction for the establishment of Petrol Pump.

3. We have heard Mr. Neeraj Garg, learned counsel for the petitioner, Mr. P.K. Chauhan and Mr. J.C. Belwal, learned counsel for respondent Nos. 6, Mr. Sudhir Kumar, learned counsel for respondent No.7 and Mr. P.C. Bisht, learned Standing Counsel for the State of Uttarakhand.

4. The learned counsel for the petitioner would submit that there has been a clear transgression of the Housing Rules and there is no need for any investigation into the facts as it is an admitted position that the plot offered by the 7th respondent falls short of the mandatory and statutory requirements, which we have already mentioned, namely, as far as the plot area is concerned, the minimum being 20 X 20 Sq. metres, the plot offered by the 7th respondent is having only 18.5X37.13 Sq. metres.

5. Next he would submit that there is clear wrong doing in this case. When the order of relaxation passed by the Government is dated 15.02.2013, and the order of the MDDA is dated 15.07.2013 neither of these orders were produced or referred by the 7th respondent when he sought to vacate the interim order. Therefore, he raises the question as to the genuineness of these documents. Next, he would contend that there is no power under the Rules to grant relaxation in favour of a particular individual. In other words, according to him, the Rules stand in the Statute book without any alteration or relaxation and it is i