COMMON ORDER

[Order of this Court was delivered by T.RAJA, J.]

W.P. No.17277 of 2020:

The petitioner has come to this Court, challenging the Letter No.13/001/2020 dated 26.09.2020 addressed by the Executive Engineer, the Assistant Engineer and the Assistant Executive Engineer, Greater Chennai Corporation, Adyar, Chennai-600 020, respondents 2 to 4 and the consequential proceedings in W.D.C. No.PPA/WDCN13/ 05712/2020 dated 29.10.2020 issued by the fourth respondent and letter No.Dn-180/001/2020 dated 29.10.2020 issued by respondents 2 to 4 and seeking a direction to the respondents to process the application for building permit under Reference No.2020-

21/ON/ 0224757 within the time frame fixed by this Court.

W.P. No.20298 of 2020:

The petitioner has come to this Court, challenging the impugned Letter No.15353/UD-VI (2)/2020-2 dated 15.12.2020 addressed by the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Chennai, the first respondent and seeking a direction to the Executive Engineer and the Assistant Executive Engineer, Greater Chennai Corporation, Adayar, Chennai, respondents 3 and 4 to grant planning permission to M/s.Hindustan Petroleum Corporation Ltd., “Petrol Bhavan”, Alwarpet, Chennai, the fifth respondent, without insisting for the execution of the Gift Deed in favour of the respondents Corporation for the portion earmarked for road widening, situated at Door No.119, Lattice Bridge Road, Thiruvanmiyur, Chennai-41.

W.P. No.17277 of 2020:

2.Learned counsel appearing for the petitioner submitted that M/s.Hindustan Petroleum Corporation Ltd., (hereinafter referred to as 'HPCL') is a Company incorporated under Section 617 of the Companies Act 1956 and a Public Sector Enterprise of the Government of India under the administrative control of the Ministry of Petroleum and Natural Gas and the same is engaged in refining and marketing of Petroleum Products like MS, HSD, SKO, LDO, LPG and Lube Oil in the country throughout its wide spread dealers network. In order to set up a retail outlet, 'HPCL' entered into a lease agreement for the land measuring to an extent of 3862 sq.ft.

comprised in S.No.37/4D3, situated at No.119, Lattice Bridge Road, Thiruvanmiyur, Chennai - 600 041, vide Lease Deed dated 18.03.2020, registered as Document No.3090/2020 and also applied for NOC from the officials concerned. Considering the application submitted by 'HPCL' for NOC to set up the retail outlet, the Fire and Rescue Services Department by Proceedings Na.Ka.No.10303/Aa1/2019 dated Nil 10.2019 had granted NOC and issued Explosives Licence in favour of 'HPCL' vide Prior Approval dated 23.10.2019. Thereafter, 'HPCL' had applied for NOC under the Petroleum Rules and the Commissioner of Police, Greater Chennai Police, Chennai, vide Proceedings dated 25.02.2020 granted NOC under Rule 144 of the Petroleum Rules, 2002, which has to be mandatorily complied prior to the establishment and commencement of the retail outlet. In compliance with the safety and other mandates, the retail outlet was established and the operations were commenced from 11.09.2020. While the erection of retail outlet being done, neither inspection was made nor objection was raised by the respondents. After commencement of the operations, based upon the complaint dated 05.09.2020 given by one Mr.Unnikrishnan, the respondents issued notice dated 10.09.2020 to one Mr.A.A.Syed Sultan Alarif, the owner of the place in question and made an inspection on 09.09.2020 directing him to produce the approved plan for construction.

3.Learned counsel for the petitioner/'HPCL' further submitted that though the respondents are well aware of the fact that 'HPCL' has been occupying the property and operating the retail outlet, they had issued notice to the owner, but not to 'HPCL'. Moreover, the owner has also issued a reply dated 15.09.2020 informing that the application will be submitted immediately to the 1st referred notice dated 10.09.2020. However, in order t