The court ruled that the petitioner lacked locus standi to challenge the DDA's cancellation of the petrol pump site, as there was no privity of contract, and the cancellation was valid despite claims of procedural violations.

JUDGMENT

: JASMEET SINGH, J

1. This is a writ petition filed under Article 226 of the Constitution of India by the petitioner, inter alia, seeking the following substantial reliefs:-

“(ii). Issue a writ, order or direction in the nature of certiorari and quash letter dated 8.11.2007 issued by Respondent No. 1; and

(iii). Issue a writ, order or direction in the nature of mandamus and hold that the cancellation letter dated 27.8.1997 issued by Respondent No. 1 has become non-est and thus cannot be relied upon by Respondent No. 1 in any manner whatsoever; and

(iv). Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 1 to immediately allot an alternate site to in lieu of the existing site in the same market/ trading area for resitement of Petitioner's petrol pump; and”

FACTUAL BACKGROUND

2. The brief facts are as under:-

3. M/s IBP Co. Ltd. (now merged with respondent No. 2) appointed the petitioner as a dealer for running a retail outlet/petrol pump under the name and style of M/s Shri Oil Company vide appointment letter dated 27.03.1978. The said retail outlet was situated at Pandav Nagar Chowk, Patparganj, Delhi. Vide allotment letter dated 11.03.1993, respondent No. 1 (“DDA”) allotted a land measuring 1169.50 sq. mtrs. in North of National Highway (“N.H.”) -24, near Pandav Nagar, Noida T-Point, Patparganj, Delhi to M/s IBP Co. Ltd. for running the retail outlet of the petitioner. On 14.7.1993, the said retail outlet was re-sited at the current location at Noida T-point, Pandav Nagar and since then the petitioner is running the said retail outlet from the site. Since 1993, when the new site was allotted and till later M/s IBP Co. Ltd. was paying the lease rent to DDA and DDA has been accepting the same.

4. On account of increase of traffic, DDA planned to connect the road coming from Noida with ITO Chungi/Laxmi Nagar i.e. existing T- point as a four-legged junction so as to make the traffic signal at Noida T-point signal free. DDA also planned to construct flyover with clover leafs at Noida Crossing.

5. The petitioner requested M/s IBP Co. Ltd., to seek the re-sitement of the existing site as the same was too close to the T-junction. In pursuance to the said requests, M/s IBP Co. Ltd. vide its various letters dated 15.12.1998, 07.04.1999 and 29.04.1999 requested DDA to allot an alternative site in lieu of the present location. However, DDA took no action on the said requests. DDA constructed a flyover and a cloverleaf at the said junction for smooth flow of traffic going toward Noida.

6. In the meanwhile, Smt. Hem Nalini Mehra filed a W.P. (C) No. 5239/2002 in the nature of Public Interest Litigation seeking appropriate direction for completion of roads at Indraprastha Extension (Patparganj) Delhi. During the pendency of the said petition, in 2005 an application being C.M. No. 3453/2005 was moved by an NGO wherein certain issues were raised by the said NGO in respect of the flyover constructed at Noida-T-point at N.H. 24.

7. Thereafter various directions were passed by this Hon‟ble Court in the said petition from time to time ultimately culminating in an order dated 24.02.2006 whereby the retail outlet at its existing location was directed to be closed down. The petitioner as well as M/s IBP Co. Ltd. challenged the said order dated 24.02.2006 by filing SLP (C) Nos. 5192/2006 and 4350/2006. The said SLP‟s were disposed of vide Order dated 13.08.2007 wherein it was observed as under:-

“….Public interest is the para mount consideration and in any case, if the petrol pump needs to be demolished or to be shifted to some other place the D.D.A. is free to do so. No interference is required in the matter. The Delhi Development Authority is directed to proceed with the matter expeditiously. However, in case if it is possible to make some adjustment then the D.D.A. is free to do so. Mr. Mehrotra, Project Manager will take the decision on the spot and construct the road for the better convenience of the public at