- (1.) SHORN of details, the material facts leading to the institution of this writ petition as well as Civil Writ Petition No. 6156 of 1974 (hereinafter called the second writ petition) are, in brief, as under:
(2.) THE petitioner obtained a site measuring 100 feet X 120 feet abutting V-5 road (hereinafter called the road) in sector 17-F on June 19. 1967 on lease for one year at monthly rental of Rupees 599. 38, payable in advance by 10th of each month, for a petrol pump from the Chandigarh Administration. It was agreed upon that the structure for running petrol pump-cum-service station would be installed on the site by the petitioner with the prior approval of the Chief Administrator in writing. In accordance with the said term of the lease, the petitioner had constructed petrol pump-cum-service station (hereinafter called the petrol pump) at an expense of Rs. 2 lakhs and in accordance with the policy of the Central Government and a condition of the lease the petitioner had appointed ex-servicemen, viz. . Wing Commander K. S. Taunque and Squadron Leader T. S. Shihn, who constituted partnership concern under the name and style of M/s. Kav Tee Service Station, which is petitioner in the second writ petition, as its dealers for operating the petrol pump. Later, on June 13, 1968, the period of the said lease was extended for five years. About a year after the expiry of the period of the said lease, the Chandigarh Administration felt the necessity of widening the road, as a result of which the petrol pump was to be dislocated from the site. Therefore, the Chandigarh Administration sent a communication in that respect to the petitioner on August 29, 1973, and the latter agreed to surrender a portion of the site measuring 74 feet. The Chandigarh Administration, however, terminated the lease on May 22, 1974 and served a notice to quit (Annexure P-8) on the petitioner, indicating that the site was required for construction of a double carriage wav on the road. The petitioner impeached the said notice to quit as illegal, void, capricious, mala fide, unconstitutional and without jurisdiction on various grounds, inter alia:- (1) That the lease in favour of the petitioner was indeterminable and permanent. (2) That it could not be determined without payment of compensation for the super-structure, loss of business and good will. (3) That the zoning plan was statutory in character and could not be changed without the sanction of the Parliament and that the construction of double carriage wav on the road would amount to alteration and change of the zoning plan. This could not be done by the Chandigarh Administration without obtaining sanction of the Parliament. (4) That the termination of the lease was discriminatory and arbitrary and violative of the fundamental rights available to the petitioner under Articles 14, 19 and 31 of the Constitution of India. Being dealer M/s. Kav Tee Service Station, who are petitioners in the second writ petition, too challenged the notice to quit on the grounds identical to the one raised by the petitioner in this writ petition. The averments in the second writ petition were also similar to the one made in this petition. It was, however, averred in the second writ petition that M/s. Kav Tee Service Station had invested Rs. 1,50,000.00 for running the business on the site and had earned goodwill.
(3.) BOTH the writ petitions were contested by the Chandigarh Administration (Respondent 1) and the Estate Officer (Respondent 2 ). The Estate Officer put in affidavits by wav of returns in both the writ petitions. The broad facts were admitted. The material averments, including that the lease was of permanent nature or that widening of the road would amount to changing of the zoning plan, were controverted and it was pleaded, inter alia, that the growth of traffic had necessitated the construction of double carriage way on the road in the interest of the general public and that M/s. Kav Tee Service Station had no locus standi to maintain the writ petition because there was no relationship between it and the Chandigarh Administration. Since common questions of fact and law are involved in both the writ petitions, the same are being disposed of by one judgment.;