PETROL PUMP EVICTION AGAINST HPCL

In the Parsi Junction issue No. 139 of 26th June 2022 as well as issue No. 140 of 10th July 2022, we had informed the community of BPP winning the Eviction T.E. Suit No. 73/97 of 2000 against HPCL Petrol Pump at Khareghat Colony at prime location of Hughes Road after 22 years of litigation, initiated first by Counsel K.K.Nariman and continued by Advocate Kersi Bhot who got the Order in favor of BPP.

Even after winning the Decree to receive vacant and peaceful possession of the plot of land admeasuring approx. 971 sq.yds. bearing C.S. No. 1/434 of Malabar Hill Division within three months from date of order of 24th June 2022, rumours are rife that HPCL would not even file an Appeal, well knowing that due to reservation on the plot for use for only Petrol Pump, the plot would be useless even for the Trustees and hence it is only a pyhirric victory for the Trustees.

However Advocate Bhot assures the Trustees that the vacated plot can be used for any purpose the Trustees desire. In this context he has forwarded Writ Petition No.2992 of 2014 of Sherin Jasdenwalla vs BMC decided by the Division Bench of the Chief Justice and Sonak on 4th October 2016 where the High Court has approved Plans for construction of a hotel on the petrol pump plot which was earlier rejected by the BMC. The governing principle seems to be that there should be no existence of filling and service station of petrol, diesel, compressed natural gas as indicated in Regulation 69 of DCR 1991, which reads as under:

“Notwithstanding anything contained in these Regulations, in the redevelopment of sites of EXISTING filling and service station of Petrol, Diesel, compressed Natural gas or any other Motor vehicle fuel, change of user shall not be permitted.”

In view of this case law, Advocate Bhot is quite confident that there will be no problems for BPP Trustees to use the plot for any purpose they desire.

Another petrol pump which has been replaced by a brand new construction of a multi-storied building is right opposite Bhatia Hospital. There was a small petrol pump at corner of Tardeo Road and Forjett Street bearing Cadastral Survey No. 1/658 of Malabar Hill Division and Architect Manish Manharlal Shah has got plans sanctioned on 13-12- 2016 and today a four storied building has been constructed on the small plot of less than 400 sq.yds.

The Trustees have to contact the said Architect to ascertain how to develop their plot in the best interest of the community.

Source: Parsi Junction