Power of judicial review cannot be invoked to protect private interest, at cost of public interest

In the case before MP High Court, writ petitions were filed against rejection of application of the petitioners for grant of permanent lease in respect of land over which a retail outlet/petrol pump is functioning. Petitioners are dealers running a retail outlet or petrol pump of Indian Oil Corporation on the land in question.

The Report given by the government-approved Consultant Engineer and the maps placed on record clearly show that four different roads are connecting at the existing site, under such circumstances, it would be contrary to the public interest and public safety to permit the petitioners to continue to run the petrol pump at the existing place. Moreover, renewal of lease cannot be claimed by way of right and can be refused in the public interest which prevails over private interest.

The lease of petitioners expired long back, however, they continued to run the retail outlet/petrol pump under the protection of various interim orders passed by the High Court, resulting in stalling of the construction of the flyover. Every day’s delay in construction not only affects the commuters adversely but also increases the cost of project/construction, resulting in loss of public exchequer. In the facts and circumstances, the power of judicial review cannot be invoked to protect private interest at the cost of public interest.

Resultantly, the petitions failed and accordingly dismissed. Petitioners are, however, at liberty to approach the competent authority for grant of an alternative suitable site.

Appearing Counsel/s: Manoj Sharma, Pushpendra Yadav