Indian Oil Corporation Ltd vs Land And Development Officer & Ors.
- Court
- Delhi High Court
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision:- 14.05.2026
+ LPA 339/2026, CM APPL. 30253/2026 & CM APPL. 30254/2026
INDIAN OIL CORPORATION LTD .....Appellant
Through: Mr. Sandeep Sethi, Senior Advocate
along with Ms. Mala Narayan, Mr.
Shashwat Goel & Ms. Anjali Dhingra,
Advocates.
versus
LAND AND DEVELOPMENT OFFICER & ORS ......Respondents
Through: Mr. Anil Kaushik- ASG along with
Mr. Rajat Rana, Mr. Pranjal Singh,
Advocates & Mr. Rajarshi Sharma-
Senior Court Assistant for
Respondent No.3/Supreme Court of
India.
Mr. Arun Birbal, Advocate for
Respondent No.5/Delhi Development
Authority.
AND
+ LPA 353/2026, CM APPL. 31895/2026, CM APPL. 31896/2026,
CM APPL. 31897/2026, CM APPL. 31898/2026 & CM APPL.
31899/2026
KAVITA CHOPRA .....Appellant
Through: Mr. Zoheb Hossain, Mr. Sanjeev
Menon, Mr. Vivek Gurnani, Mr.
Rishabh Duggal, Mr. Ram Kuber
Singh & Ms. Aditi Bhushan,
Advocates.
LPA 339/2026 & LPA 353/2026 Page 1 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
versus
UNION OF INDIA & ORS. & ORS. .....Respondents
Through: Mr. Jivesh Kr. Tiwari- CGSC along
with Ms. Nandini Aggarwal & Ms.
Samiksha, Advocates for Respondent
No.1/Union of India.
Mr. Sandeep Sethi, Senior Advocate
along with Ms. Mala Narayan, Mr.
Shashwat Goel & Ms. Anjali Dhingra,
Advocates for Respondent
No.2/IOCL.
Mr. Anil Kaushik- ASG along with
Mr. Rajat Rana, Mr. Pranjal Singh,
Advocates & Mr. Rajarshi Sharma-
Senior Court Assistant for
Respondent No.3/Supreme Court of
India.
Ms. Mrinalini Sen- Standing Counsel
for Delhi Development Authority.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TEJAS KARIA
DEVENDRA KUMAR UPADHYAYA, CJ. (ORAL)
1. These two intra-Court appeals, one filed by the Indian Oil
Corporation Limited (hereinafter referred to as IOCL) and the other by Ms.
Kavita Chopra, seek to take an exception to the judgment dated 16.03.2026
passed by the learned Single Judge whereby W.P.(C) 5281/2024 instituted
by IOCL and W.P.(C) 5301/2024 instituted by Ms. Kavita Chopra, have
been dismissed.
2. At this juncture itself, we may indicate that by instituting the aforesaid
writ petitions, challenge was laid to the letter dated 12.03.2024 issued by the
LPA 339/2026 & LPA 353/2026 Page 2 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
Land and Development Office, Ministry of Housing and Urban Affairs,
Government of India (hereinafter referred to as L&DO) to the IOCL
requesting the IOCL to hand over the land at IP Estate Plot no.1 adjoining
CNG Station. The letter also states that any payment/charges that may be
due to be adjusted/recovered can be conveyed to the IOCL before the
process of hand over.
Challenge was also made to the letter dated 06.11.2023 issued by the
L&DO, whereby the approval granted by the Housing and Urban Affairs
Minister for allotment of land admeasuring 0.59 acre abutting front side of
the earlier allotted land behind petrol pump near ITO to Supreme Court of
India for setting up of Supreme Court Archives/Lawyers Chambers, was
conveyed to the Director General, Central Public Works Department
(CPWD). The said letter also provides that such allotment to the Supreme
Court of India is subject to the condition that ownership of the plot shall
continue to be with L&DO, and the building will be constructed and
maintained by CPWD for housing archives of Hon’ble Supreme Court, with
the Supreme Court bearing the maintenance charges. The letter also
conveyed that the handing over/taking over of the land in question was
scheduled to be held on 10.11.2023, and accordingly, it was requested that
the concerned Executive Engineer in-charge be directed to carry out the
handing over/taking over of the land parcel.
3. The letter/order dated 12.03.2024, which was challenged in the
proceedings of the aforesaid writ petitions, was issued in terms of Clause 2
of the terms and conditions of the allotment of the subject land to IOCL vide
allotment letter dated 18.07.2016. By means of the allotment letter dated
LPA 339/2026 & LPA 353/2026 Page 3 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
18.07.2016, the subject land was allotted to IOCL in lieu of their land at
Willingdon Crest New Delhi, on certain terms and conditions, one of which
clearly provided that allotment was on a purely temporary basis for a period
of five years in the first instance. It also provides that further extension of
the temporary lease beyond five years will be at the sole discretion of the
lessor. Clause 2 of the letter of allotment dated 18.07.2016 is extracted
herein below:-
“2. The allotment shall be on purely temporary basis for a
period of five years in the first instance. The further extension of
temporary lease beyond five years will be on the sole discretion of
the Lessor.”
4. Thus, in terms of Clause 2 of the allotment letter dated 18.07.2016,
the period of allotment expired on 17.07.2021; however, no further
extension was accorded, though the IOCL is said to have continued to
deposit the license fee upto the year 2023, which is said to have been duly
acknowledged by the L&DO. It is apparent from a perusal of clause 2 of the
allotment letter dated 18.07.2016 that after expiry of the initial term of
allotment of five years, any further extension was at the sole discretion of
the lessor, i.e. L&DO. It is also clear that the allotment dated 18.07.2016
was made purely on temporary basis.
5. Accordingly on expiry of the period of five years from the date of
allotment i.e. 18.07.2016, in absence of any extension granted by L&DO,
the IOCL does not have any indefeasible right to use the said land in any
manner or to keep its possession and, therefore, so far as the order dated
12.03.2024 issued by the L&DO requiring the IOCL to handover the
possession of the subject land is concerned, we do not find any infirmity in
LPA 339/2026 & LPA 353/2026 Page 4 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
the said communication dated 12.03.2024.
6. Learned Single Judge has accordingly recorded a categorical finding
that the IOCL does not have any indefeasible right to seek continued
allotment of the land in question and if after expiry of the initial period of
allotment of five years, no extension was granted and L&DO has taken a
decision to re-allot the land to Supreme Court of India in wider public
interest, no exception can be taken to such re-allotment of land to Supreme
Court of India only on the ground that land was earlier allotted to IOCL.
Learned Single Judge has also observed that on one side is the commercial
interest of the IOCL and Ms. Kavita Chopra, whereas on the other, is the
larger public interest. Learned Single Judge has thus arrived at a conclusion
that the IOCL or even Ms. Kavita Chopra do not have any vested right over
the land in question and, therefore, in our considered opinion, he has rightly
refused to interfere with the letter/order dated 12.03.2024 issued by L&DO
requiring the IOCL to handover the possession of the land in question.
7. There is another aspect of the matter which is in relation to allotment
of another parcel of land by L&DO to IOCL for resitement of petrol pump,
which was run by Ms. Kavita Chopra under a dealership agreement with M/s
Indian Oil Corporation Limited.
8. The learned Single Judge in the impugned judgment has noticed that
subsequent to filing of the writ petitions L&DO has allotted some alternate
land to IOCL vide letter dated 13.08.2024, however according to the IOCL
and Ms. Kavita Chopra the alternate land does not fulfil the requirement of
safety guidelines dated 07.01.2020 issued by the Ministry of Commerce and
Industry and also the provisions contained in the notification of the Delhi
LPA 339/2026 & LPA 353/2026 Page 5 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
Development Authority, dated 08.03.2019 for the reason that a vent pipe in
the petrol pump is within thirty meters from the residential
houses/hospitals/schools/temples. Learned Single Judge has also noticed
that the impediment in setting up a petrol pump at an alternate site as offered
by the L&DO was pointed out to the L&DO vide letters dated 28.08.2024
and 06.09.2024.
9. An affidavit in the proceedings of the writ petitions was filed on
behalf of the Ministry of Commerce and Industry, which pointed out that the
non-suitability of the alternate site for setting up the petrol pump is not
merely because of its proximity to residential
houses/hospitals/schools/temples but there are various other reasons as well.
It was also stated in the said affidavit that the requirement for installation of
dispenser and compliance with the safety measures would not be satisfied at
the alternate site.
10. The learned Single Judge while discussing the aforesaid aspect of the
matter, has recorded a finding that if in law IOCL is entitled for allotment of
alternate land, the same will have to be considered by L&DO in accordance
with its policy and keeping in mind the intended use of the alternate site.
The learned Single Judge has also observed in the impugned order that any
alternate land if does not comply with the requisite guidelines/notifications,
would not serve any purpose and, therefore, has directed the L&DO to keep
all the aforesaid aspects in mind and pass an appropriate order within three
months. Thereafter taking note of all the relevant aspect of the matter,
learned Single Judge vide the impugned judgment and order has directed the
petitioner of W.P.(C) 5301/2024 to vacate the land in question by
LPA 339/2026 & LPA 353/2026 Page 6 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
30.05.2026 failing which it would be permissible for L&DO to take recourse
to suitable remedies in accordance with law. The learned Single Judge has
also provided that L&DO shall also be at liberty to levy charges for overstay
by the writ petitioners if they do not vacate the land in question on or before
30.05.2026.
11. Learned Senior Counsel representing the IOCL – Mr.Sandeep Sethi as
also the learned counsel representing Ms.Kavita Chopra, Mr.Zoheb Hossain,
have drawn our attention to the affidavit dated 06.01.2025, which was filed
in the proceedings of the writ petitions before the learned Single Judge,
wherein inter alia it was stated that the IOCL had submitted a
drawing/proposed site and layout plan for setting up the petrol pump and the
layout clearly shows that the alternate land parcel is adjacent to an existing
CGHS Residential Society and its front portion falls on a 45 metre wide road
emanating from Dwarka Sector 21 Metro Station that goes to Dwarka Sector
22. It was also stated in the said affidavit that the back portion and the left
side of the said plot have open lands, where the re-allotted plot can easily be
shifted. Keeping in view the averments made in the affidavit dated
06.01.2025, we, on 12.05.2026, directed the learned counsel representing the
L&DO to seek instructions specifically in relation to the contents of
paragraph 4 of the said affidavit dated 06.01.2025.
12. Pursuant to our order dated 12.05.2026, learned counsel for the
L&DO has stated that a request has been made by L&DO to the Delhi
Development Authority to examine the feasibility of shifting of the allotted
plot at Community Centre, Sector 22, Dwarka by thirty metres or as may be
technically required, into the adjacent vacant/open land away from the
LPA 339/2026 & LPA 353/2026 Page 7 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11
residential complex in the vicinity so that the proposed petrol pump meets
all statutory safety norms. The said request has been made by L&DO to the
Delhi Development Authority vide letter dated 13.05.2026, which has been
tendered to the Court and is taken on record.
13. In view of the aforesaid discussions made and reasons given, we do
not find any infirmity in the impugned judgment passed by the learned
Single Judge.
14. Resultantly, the appeals, along with pending applications, are hereby
dismissed. So far as the resitement of the petrol pump is concerned, the
learned Single Judge in the impugned order has already directed the L&DO
to pass appropriate orders for allotment of alternate land keeping in view the
concerns raised by the writ petitioners regarding the suitability of the
alternate land proposed for allotment for setting up the petrol pump. As
already noticed above, a request for shifting the proposed land for allotment
by 30 meters has already been made by the L&DO to the Delhi
Development Authority, and accordingly, we expect that an appropriate
decision in this regard shall be taken by L&DO at the earliest.
15. Before parting, we reiterate the directions given by the learned Single
Judge in the impugned judgment, whereby the writ petitioners have been
directed to vacate the land in question by 30.05.2026.
16. There will be no orders as to costs.
DEVENDRA KUMAR UPADHYAYA, CJ
TEJAS KARIA, J
MAY 14, 2026/ S.Rawat
LPA 339/2026 & LPA 353/2026 Page 8 of 8
Signature Not Verified
Digiltally Signed
By:SREERAM L
Signing Date:16.05.2026
14:23:11