Komal v. Hindustan Petroleum Corporation Limited And Others

CWP-38000-2018 -12023:PHHC:162285

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-38000-2018 Date of Decision : 18.12.2023 Komal ......... Petitioner

Versus

Hindustan Petroleum Corporation Limited and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Akash Lather, Advocate for Mr. Vijay Pal, Advocate for the petitioner.

Mr. Raman Sharma, Advocate for the respondents.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Article 226 of Constitution of India is seeking directions to the respondents to consider and decide her request in terms of representation dated 25.09.2018 (Annexure P-10) and permit to offer alternative land to set up retail outlet. 2.

The petitioner pursuant to advertisement dated 25.10.2014 (Annexure P-1) applied for the location. The petitioner was issued letter of intent dated 14.05.2016 (Annexure P-5). The petitioner offered land. A part of land came to be acquired by NHAI.

3.

It is apt to notice that acquisition took place after filing application seeking allotment. In such circumstances, the respondentAnju Goel 2023.12.18 17:53 I attest to the accuracy and integrity of this document Chandigarh

CWP-38000-2018 -22023:PHHC:162285 Corporation asked the petitioner to offer alternative land. 4.

The claim of the petitioner is that she vide representation dated 25.09.2018 (Annexure P-10) requested the respondents to offer alternative land and case of the respondent-Corporation is that the petitioner neither in the representation nor in the writ petition has offered alternative land, thus, claim of the petitioner could not be considered. 5.

Concededly, the petitioner is only left over candidate and her offered land was rejected on account of subsequent acquisition by NHAI. The advertised retail outlet till date has not been allotted to anyone. The advertised site has not been re-advertised.

6.

Considering the facts and circumstances of the case, the respondent is directed to consider alternative land of the petitioner if she offers within two months from today. The land must be within advertised stretch and must comply with all the rules and regulations which are applicable as on day. The Corporation shall decide claim of the petitioner within three months from the date of making offer. 7.

Disposed of.

( JAGMOHAN BANSAL ) 18.12.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No Anju Goel 2023.12.18 17:53 I attest to the accuracy and integrity of this document Chandigarh