Rakesh Kumar Jain, J. - (1.) All the three National Oil Companies, namely, Indian Oil Corporation Limited, Bharat Petroleum Corporation Limited and Hindustan Petroleum Corporation Limited issued advertisement dated 26.10.2013, published in "The Tribune", inviting applications for the purpose of allotment of Liquefied Petroleum Gas (LPG) distributorship under various categories and locations specified in the advertisement for the candidates belonging to different categories in the State of Punjab. One of the locations for which the LPG distributorship was offered was of Bharat Petroleum Corporation Limited (hereinafter referred to as the "BPCL") at Gidderbaha in District Sri Muktsar Sahib under Urban -Rural category as per the Marketing Plan 2013 -2014. The petitioner applied for allotment of the LPG distributorship in the open category as per the guidelines framed by the Ministry of Petroleum, which are known as "Guidelines for Selection of Regular LPG Distributors issued in August 2013" and the relevant portion of the said guidelines is reproduced as under: - - "(vii) should own as on the last date for submission of application as specified in the advertisement or corrigendum (if any): a plot of land of minimum dimensions 25m x 30m (within 15 km from municipal/town/village limits of the location offered in the same State) for construction of LPG Godown for storage of 8000 Kg of LPG in cylinders. The plot of land for construction of godown not meeting the minimum dimensions of 23m x 30m will not be considered. OR A ready LPG cylinder storage godown (within 15 km from municipal/town/village limits of the location offered in the same State) of 8000 Kg. capacity. In case there are any state specific requirements/norms applicable for construction of the LPG Godown, then the same will be applicable for the respective Regular Distributorship locations and revised minimum dimensions of plot of land will be required as specified in the Advertisement of that respective State. The plot of land or ready LPG cylinder storage godown should be freely accessible through all weather motorable approach road, public road or private road connecting road connecting to the public road. In case of private road connecting to the public road, the same should belong to the applicant/member of Family Unit (as per the multiple dealership/distributorship norm of eligibility criteria) as per the ownership criteria defined below. In case of owners/co -ownership by family member(s) in respect of such private road, consent letter from respective family member(s) will be required. The land should also be plain, in one contiguous plot, free from live overhead power transmission or telephone lines. Canals/Drainage/Nallahs should not be passing through the plot. The land for construction of LPG godown should also meet the norms of various statutory bodies such as PWD/Highway authorities/Town and Country Planning Department etc. In case an applicant has more than one suitable plot for construction of godown for storage godown as on the last date of submission of application as specified in the advertisement or corrigendum (if any), the details of the same can also be provided in the application."
(2.) As per the procedure, after scrutiny of the documents, 22 candidates including respondent No. 3 and the petitioner were in fray in the draw of lots, which was held on 06.11.2014, in which respondent No. 3 was successful, who has been issued proposed Letter of Intent (LOI) for the LPG distributorship at Gidderbaha in which it was provided that "you should provide a godown for storage of 8000 Kg (minimum) to 15000 Kg (maximum) of LPG filled in cylinders at the plot of land bearing survey/Khewat No. 46, Rect. No. 56, Killa No. 17/2 (0 -8)m 18 (8 -0), 19(5 -10) offered in the application during the FVC". The LPG storage godown should be approved and licensed by Petroleum and Explosives Safety Organization (PESO)".
(3.) It is not in dispute that the site of godown offered by respondent No. 3 was within the municipal limits of Municipal Council, Gidderbaha, which is also depicted by way of a site plan attached as Annexure P -4 with this petition, in which it is mentioned that the site lies in rectangle No. 56, Killa No. 18 of village Gidderbaha -I. According to the petitioner, the Fire Officer, Gidderbaha, after inspecting the spot, certified that the land of the godown is situated within the municipal limits of Municipal Council, Gidderbaha. Even the Municipal Council, Gidderbaha issued notice to respondent No. 3 on 26.08.2015 that he has been constructing a godown for storage of gas cylinders on Peori Road (Near Warehouse Godown) in his own land without sanctioning of site plan from the Municipal Council, for which he had already been issued notices under Ss. 195 & 195 -A of the Municipal Act, 1911. So much so, some persons, namely, Manjit Singh, Tikka Singh and Jagsir Singh also filed a suit for permanent injunction, restraining respondent No. 3 from storing gas cylinders/making godown for the purpose of storage of gas cylinder at the site in question, before the Civil Judge (Jr. Divn.), Gidderbaha, in which injunction was granted on 05.10.2015 with an observation that the land in question is located within the municipal limits, about which the action has already been taken by the municipal authorities. The Municipal Council, Gidderbaha also returned the Draft No. 85057 dated 22.07.2015 worth Rs. 5,000/ - dated 24.07.2015 submitted by respondent No. 3 towards the fee for sanctioning of site plan.;