Delhi Cantonment Board vs M/S Bharat Petroleum Corp. Ltd And ...
2018 Latest Caselaw 3535 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+   LPA No. 337/2018
    DELHI CANTONMENT BOARD                              .....Appellant
               Through:     Mr. Aman Lekhi, ASG with Mr. Anchit
                            Sharma, Mr. Tanveen Singh Nanda,
                            Ms. Satamita Ghosh, Mr. Ritwiz Rishab,
                            Mr. Nipun Katyal, Mr. Ankur Mishra,
                            Mr. Adil Pratap Singh and Mr. Dipankar
                            Wadhwa, Advocates.

                     Versus
    M/s BHARAT PETROLEUM CORP. LTD & ORS.             .....Respondent
               Through:     Mr. Anil K Batra, mr. Vipul Agrawal and
                            Mr. Anshuman Nayak, Advs. for BPCL.
                            Mr. R.S. Suri, Sr. Adv. with Ms. Pallavi
                            Tayal, Adv. for respondent.
                            Mr. Arun Bhardwaj, CGSC with Mr. Nikhil
                            Bhardwaj, Adv. for UOI.

    CORAM:
    HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
    HON'BLE MR. JUSTICE C. HARI SHANKAR
                            ORDER

% 13.06.2018 CM No.25178/2018 (Exemption) Allowed, subject to just exceptions.

Application stands disposed of.

CM No. 25177/2018 (Stay)

1. Present application has been filed by the appellant under Section 151 of CPC seeking stay of operation of the impugned order dated 31.05.2018 whereby the ld. Single Judge directed the appellant to de- seal the respondent's petrol pump located at Sy. No. 52/16, Delhi Cantt till the next date of hearing i.e. 11.07.2018.

2. Mr. Aman Lekhi, learned ASG appearing on behalf of the Delhi Cantonment Board, submits that the lease of the subject petrol pump expired in 2002 whereafter the Station Head Quarters, Delhi Cantt refused to grant NOC for renewal of lease of the subject petrol pump on the account of the petrol pump being an administrative, security and fire hazard to the military installations/Head Quarters; that on account of irregularity in occupation of the subject property by the respondent, proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as 'the PPE Act') were initiated and order of Eviction dated 19.09.2016 was passed by the Estate Officer against the respondent; that the subjective assessment made by the Estate Officer cannot be subjected to judicial review under the purview of Article 226 of the Constitution; that the subject petrol pump is lying sealed since 09.10.2017 i.e. for almost 250 days, however the ld. Single Judge has ordered de-sealing for 20 days which shall take effect from 15.06.2018 till the next date of hearing i.e. 11.07.2018 and in the meanwhile a fresh security assessment report has been sought from

the Expert Committee; that hence this Court may grant stay of the operation of the impugned order till the submission of said report.

3. On the other hand, Mr. R.S. Suri, learned Senior Counsel for the respondent has drawn the attention of this Court to the impugned order dated 31.05.2018 whereby the ld. Single Judge has inter alia observed as under:

"On careful consideration of the entire record, this Court is of the view that there is no material whatsoever on record to show that the petrol pump in question is a security hazard to the military installation in the Cantonment. This Court is of the prima face view that a petrol pump per se in a cantonment area cannot be a safety security hazard. It is not the case of respondent No.1 or the Station Head Quarters that no petrol pump should be permitted in the cantonment area. Rather the Government policy placed on record by the petitioners shows the decision of the Government to renew all the expired leases of the petrol pump in defence lands. "

4. Mr. Arun Bhardwaj, learned counsel appearing for Union Of India/Respondent No.2 adopts the arguments addressed by Mr. Aman Lekhi, learned ASG appearing on behalf of the Delhi Cantonment Board.

5. Arguments heard.

6. In view of the observations made by the ld. Single Judge in the impugned order dated 31.05.2018 directing de-sealing of the subject petrol pump in favour of the respondent in absence of any material to support security hazard and the fact that a fresh security assessment

report is awaited, this Court is of the view that no interference in the impugned order is called for.

7. Application stands dismissed.

LPA No. 337/2018 Issue notice to the respondents, returnable on 16th July 2018. Dasti under the signatures of the Court Master.

SANGITA DHINGRA SEHGAL, J.

C. HARI SHANKAR, J.

JUNE 13, 2018 gr