Court No. - 39
Case :- WRIT - C No. - 14614 of 2021 Petitioner :- Sumanlata Mahendra Pratap Yadav Respondent :- The Hindustan Petroleum Corporation Limited And 4 Others Counsel for Petitioner :- Yatindra Counsel for Respondent :- Vikas Budhwar
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Order on Civil Misc. Amendment Application No.2 of 2021.
The amendment application filed today is taken on record. Amendments are formal in nature.
There is no objection to the same.
The amendment application is allowed.
Let the necessary incorporations be made within 48 hrs.
Order on petition.
Heard learned counsel for the petitioner and Sri Vikas Budhwar learned counsel for the respondent.
By means of the present petition, the petitioner herein seeks to challenge the order dated 24.05.2021 passed by the respondent no.4 whereby the complaint made by the petitioner regarding selection of respondent no.5 has been rejected.
The complaint as indicated in the order impugned was that a high tension wire was passing over the offered land and the land-in-question is not having sufficient dimensions as per the advertisement.
Both these objections have been turned down with the categorical findings returned by the respondent no.4 that the Land Evaluation Committee did not find any HT line (>11 KVA) crossing directly over the offered plot. Further, with regard to the insufficiency of the offered land, the categorical finding is that sufficient area admeasuring 1273 sqm is available. The land offered by the applicant is meeting frontage, depth and area norms and was, thus, found suitable by the Land Evaluation Committee.
The findings returned by the respondent- Authority based on the report of the Land Evaluation Committee is sought to be challenged on the basis of a report obtained by the petitioner at his own end and certain photographs of the land-in-question.
We may record that the respondent no.4 had recorded the findings based on the report of the Land Evaluation Committee which had visited the site-in-question. It is not possible for us to sit over the evaluation of the Committee on the basis of some report independently obtained by the petitioner and the photographs of the land-in-question.
As regards the plea of the petitioner that the copy of the report of the Land Evaluation Committee has not been given to him, we do not find any infirmity in the order impugned for the said reason, inasmuch as, all the four points of complaint had been examined by the respondent no.4 and categorical findings have been returned for rejection of the same.
Thus, we do not any merit in the writ petition. The same is, accordingly, dismissed.
Order Date :- 29.7.2021 P Kesari