Eligibility criteria for dealership require land to be free of high tension electricity lines; non-compliance with guidelines results in automatic disqualification without rectification opportunity.

ORDER :

1. This petition under Article 226 of the Constitution of India, has been preferred by the petitioner being aggrieved by the order dated 19/3/2024 (Annexure P/2) passed by respondent No.2 whereby his application for appointment as regular / rural retail outlet (petrol pump) dealer has been rejected on the ground that a High Tension electricity line is passing above the land offered by him. The petitioner has also challenged the letter dated 05.04.2024 (Annenure P/18) issued by the respondents upholding the said rejection.

2. The facts of the case in brief are that respondent No.1 had issued an advertisement for allotment of retail outlets at various locations including in District Barwani. The respondents issued notice for appointment of regular / rural retail outlet (petrol pump) dealership. A brochure for selection of dealers for regular / rural retail outlets was also published in June, 2023 providing for guidelines for selection of dealers through draw of lots / bidding process. The petitioner applied for a petrol pump reserved for SC candidate for location at Serial No.47 of the brochure between KM Stone No.113 and KM Stone No.117 on Agra Mumbai National Highway on RHS while going to Mumbai from Indore. The requirement for applying as a dealer was that a candidate must be having minimum plot dimension size of 35 meter X 35 meter. Clause 4(vi) of the guidelines divided all the applicants in three categories based on the land offered by them. Group I was where applicant had suitable piece of land in the advertised location/area. Group II was where applicant had a firm offer for a suitable piece of land for purchase or long term lease and Group III was where applicant did not have any offered land in the application.

3. The petitioner submitted his application on 19/9/2023. He offered land ad-measuring 0.434 hectare i.e. 434 square meters having purchased the same by registered sale deed dated 22/8/2023. Thereafter he was provisionally selected in Group I. By an e-mail dated 31/12/2023 he was directed to furnish certain documents which was done by him. Subsequently, the Land Evaluation Committee sent an e-mail stating that inspection of land would be done on 5/3/2024. Petitioner's land was thereafter inspected and his application was rejected on the ground that the land offered by him has been found to be not meeting the required norms since a 33 KV High Tension line was passing through the land.

4. Learned counsel for the petitioner has submitted that the HT line passing through the land of petitioner is only 1-2 meters inside the land offered by him. His land is total 45 meters x 45 meters whereas the minimum requirement is 35 meters x 35 meters. Even if the land over which the electricity line is passing is excluded than also his remaining land would be much larger than the minimum requirement of the respondents. The petrol pump can easily start from two meters inside the offered land and still would qualify for the minimum requirement of 35 meters x 35 meters. If the petitioner had been informed of the proposed action of rejection on the said ground, he would have had an opportunity to clarify that the land can be so reduced adhering to the minimum requirement. The HT line can also be shifted which would serve the purpose of the respondents. The petitioner ought to have been permitted to rectify the alleged defect since the same does not fall within the purview of non-rectifiable defects under Clause 23. The HT line can be shifted by making appropriate application to M.P. Paschim Kshetra Vidyut Vitaran Company Ltd. which the petitioner is willing t