M.C. Mehta vs Union of India (UOI) and Others (Regd. Pusa Service Station)

This is a petition by M/s. Pusa Service Station seeking review of that portion of the order of this Court, dated 8-10-1996 in IA No. 18 of 1995 in Writ Petition (C) No. 4677 of 1985, which pertains to the applicant-review petitioner. The applicant has been ordered to be shifted from a certain locale in Karol Bagh, New Delhi and it is believed that it has been allotted a site in Janak Puri for shifting. It transpires that the applicant has started functioning at the new site at Janak Puri but at the same time, under the interim orders of this Court, has stuck on to the old site at Karol Bagh and is still functioning there.

The case of the applicant is squarely covered by the decision dated 7-4-1998 made by this Court in M.C. Mehta Vs. Union of India (UOI) and Others (Regd. Link Road Filling Station), (Reg. M/s. Link Road Filling Station) for it is the admitted position that the site of the applicant at Karol Bagh is not a part of the Ridge Area but is adjacent thereto and is an adjunct to the road passing nearby from which the applicant filling station has access. There is no case made out for the site of the filling station at Karol Bagh being subservient to the purpose of the Ridge.

Thus, on the facts and circumstances, we direct that the applicant --M/s. Pusa Service Station -- need not be shifted from its present location at Karol Bagh and that the site given to it in the alternative at Janak Puri cannot be permitted to be retained by it any longer.

We, therefore, on allowing this review petition in the above terms direct the applicant to hand over the Janak Puri Filling Station site to M/s. Hindustan Petroleum Ltd. within a week. We also direct M/s. Hindustan Petroleum Ltd. and other officials concerned to pass appropriate consequential orders so that the applicant Filling Station gets legitimised at the site where it is working at Karol Bagh.

The review petition is accordingly allowed.