HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32760 of 2014 Date: 30.10.2014 Between :
Manoj Kumar More s/o. Late K.G.S.More, Aged about 48 years, Occu: Business, R/o. H.No.D6, 6th Avenue, Sainikpuri, Secunderabad … Petitioner and State of Telangana, Revenue Department, Secretariat, Hyderabad, rep.by its Secretary and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32760 of 2014 ORDER:
With the consent of the learned counsel for the petitioner and the counsel for the respondents, this writ petition is disposed of at the admission stage.
2. Land acquisition proceedings were initiated in accordance with the Land Acquisition Act, 1894, acquiring the property admeasuring 368.56 square yards in T.S.No.12, Ward No.106, Block No.C, bearing Municipal No.8-2-231 situated at YMCA, Secunderabad Village and Mandal of Hyderabad District. Consequent to completion of all required formalities as per the provisions of the Act, Notice dated 01.09.2014 was issued calling upon the owner of the premises to vacate and deliver the possession with structures attached to it on or before 15.10.2014.
3. It is asserted that on this property, petroleum retail outlet was established in the year 1970 by Burmah Shell Company. The properties of Burmah Shell Company were taken over by Bharat Petroleum Corporation Limited (BPCL) and company continued to operate the retail outlet. Petitioner is appointed as dealer, who is operating retail out on behalf of BPCL. Having come to know the conclusion of the land acquisition proceedings and direction to vacate the premises, on 24.10.2014, Bharat Petroleum Corporation addressed letters to the Special Deputy Collector, Land Acquisition, GHMC (HMR), Hyderabad (3rd respondent) and Managing Director of Hyderabad Metro Railway, Hyderabad, requesting to grant two months time for handing over the possession of the property after removing underground storage tank. It was stated in the letter that Motor Spirit (petrol) is available in the underground storage tank and it would take some time to remove the Motor Spirit (Petrol) and the storage tanks. The Motor Spirit has to be stored in licensed underground storage tank and interference in any manner without taking proper precautionary measures would lead to devastating fire accident, resulting loss of human life and property.
4. Alleging that time as sought by the BPCL is not granted and respondents are threatening to dismantle the premises, this writ petition is instituted.
5. Learned counsel for the petitioner fairly submits that for the reasons explained in the letter dated 24.10.2014 by the BPCL, BPCL is only requesting for sufficient time to vacate the premises as they were not aware of the land acquisition proceedings. He submits that BPCL and petitioner were not put on notice earlier and they have come to know about the land acquisition proceedings only for the first time when they were informed of notice dated 01.09.2014 and, therefore, they could not take steps to remove the Petrol and the storage tanks.
6. Learned Government Pleader for Land Acquisition submits that respondents should adhere to time frame and should not infuse fresh quantity of petrol.
7. Having regard to the fact that petroleum retail outlet is located in the premises acquired by the State and that sufficient safeguards have to be scrupulously followed to remove Motor Spirit (petrol) and is required to be stored elsewhere by taking proper precautionary measures or exhausted, so that it would not result in fire accidents and consequential loss to human life and property, more particularly when the retail outlet is located in the thickly populated area, the respondents are directed to grant six weeks time to the petitioner and BPCL to exhaust the present stock of Motor Spirit (Petrol) or to remove Motor Spirit (petrol) and also to remove storage tanks by taking proper precautions. The BPCL shall adhere to the time granted by the Court and there shall not be any addition of Motor Spirit into the tanks. They are entitled only to exhaust the motor spirit already stored in the underground storage tanks.
8. Subject to the above directions, the writ petition is disposed of. No costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 30.10.2014 Note:
Issue C.C. by two days. B/o.
kkm HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.32760 of 2014 Date: 30-10-2014 kkm