Court finds no merit in allegations of fraud and procedural violations in land use permissions for DC point petrol pump.
In a significant ruling, the Jammu and Kashmir High Court, led by Justice Sanjay Dhar, dismissed a petition challenging the orders of lower courts that denied interim relief to petitioners in a land use dispute involving a petrol pump in Baramulla district. The petitioners, Kafil Ahmad Mangral and another, had sought to overturn the decisions of the trial court and the appellate court, which refused to grant an interim injunction against the establishment of a petrol pump by defendants on grounds of alleged fraud and procedural irregularities.
The dispute arose when the petitioners filed a suit for a permanent prohibitory injunction, arguing that the land use permission granted to defendant No.7 for a DC point petrol pump was obtained through fraudulent means and was not intended for a retail outlet dealership. They contended that the defendants failed to adhere to the guidelines for changing land use from agricultural to non-agricultural purposes, specifically for setting up a retail outlet dealership.
The trial court had previously dismissed the petitioners' request for an interim injunction, citing a lack of a strong prima facie case. This decision was upheld by the Additional District Judge, Baramulla, prompting the petitioners to seek the supervisory jurisdiction of the High Court under Article 227 of the Constitution of India.
Justice Dhar emphasized the limited scope of the court's supervisory jurisdiction, stating that it is not an appellate authority over lower court decisions unless there is a material irregularity, lack of jurisdiction, or manifest injustice. The court found that the petitioners failed to provide concrete evidence or material particulars to substantiate their allegations of fraud. The permissions and No Objection Certificates (NOCs) issued by competent authorities were deemed valid, with no basis for the petitioners' claims of procedural violations.
The court also clarified the nature of the permission granted, indicating that it included the operation of a retail petroleum outlet, countering the petitioners' argument that the permission was solely for a DC point. A communication from the District Magistrate, Baramulla, confirmed that the NOC was issued for establishing a retail outlet, dispelling any doubts about the nature of the permission.
Ultimately, the High Court found no grounds to interfere with the orders of the lower courts, concluding that the petitioners' claims were unsubstantiated and lacked merit. The petition was dismissed, reaffirming the validity of the land use permissions granted to the defendants.
Bottom Line:
Supervisory jurisdiction under Article 227 - Mere error of law or fact cannot be a basis for interference unless it results in failure of justice or there is a material irregularity, lack of jurisdiction, or manifest injustice.
Statutory provision(s): Article 227 of the Constitution of India, Civil Procedure Code, 1908 Order XXXIX Rules 1 & 2
Kafil Ahmad Mangral v. Union of India, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2827205
