- (1.) Present writ petition has been filed by the Petitioner, questioning the validity of order dated 28.04.2007 passed by Additional District Magistrate (Finance and Revenue) Agra cancelling the 'no objection certificate' accorded in favour of Petitioners company and its affirmance in appeal by the Commissioner, Agra Division, Agra, annexures -6 and 16, respectively.
(2.) Brief background of the case is that the Bharat petroleum Corporation Ltd. Is a Government company incorporated under Companies Act, 1913, under the administrative control of the Ministry of Petroleum & Natural Gases of Union of India and engaged in business of refining, distribution and sale of essential petroleum products, such as Motor Spirit (MS), High Speed Diesel (HSD) either directly or through its dealers from the retail petroleum outlets set up by the Petitioner on the land owned by them or taken on lease on monthly rental. By a lease dated 18.09.1969 made between Ram Gopal Mathur, Jai Gopal Mathur and Shri Kanwar Gopal Mathur sons of Dr. har Gopal Mathur therein described as a "lessor" and Burmah Shell Oil Storage & Distribution Company of India Ltd., therein described as a "leassee" and herein called as "Burmah Shell", a piece of parcel of Nazul land ad-measuring13386 sq. feet or 1487 sq. yards or 1243.41 sq. meter being premises No. 46, Mahatma Gandhi Road, Agra, herein after referred to as the "said lease land" was leased out in favour of Burmah Shell (Predecessor in interest of the present Petitioner, M/S Bharat Petrolum Corporation Limited for a period of 20 years commencing from 1st January, 1967 on monthly rental of Rs. 400/-with renewal for further period of 20 years to commence from the date of expiry of lease period upon same terms and conditions. Said Burmah Shell constructed a sales room, installed underground storage tanks, dispensing pump and other assets required for sale of petroleum products to the general; public on the said land.
(3.) There after, Burmah Shell applied for a No Objection Certificate of the Collector and obtained such certificate for setting up a Retail Outlet at 46, Mahatma Gandhi Road, Agra. The Burmah Shell also made an application to the Chief Controller of Explosives and obtained a licence for storage of the petroleum products of the aforesaid retail outlet from the said place under Petroleum rules. After the said Retail Outlet of Burmah Shell became ready for sale of Burmah Shell's product there from for selling said products license dated 14th January, 1971 (hereinafter called first dealership license) was made between the said Burmah Shell and a partnership firm namely M/s Amar Autos formed by Shri Sardar Gur Baksh Singh and Shri Amar Dev Singh, the said partnership firm was appointed as a licensee of the said Burmah Shell to enter upon the said retail outlet of the said Burmah Shell and to sell the petroleum products of Burmah Shell.;