Terms of lease deed are sacrosanct and binding on parties
2) lease can be for period of30 years or more
3) you can terminate lease only as per terms of lease deed
4) it is necessary to peruse lease deed to advice firther
Removing a petrol bunk based on its less space on National Highway
Hello sir, My friend recently purchased a land of 1 acre in that already a petrol bunk with are 115 ft *115 ft = 13225 sq ft(1228 sq meters) with lease of 30 years which will end in 2037.Now he wanted to Evict that petrol bunk on the basis of failure to following regulations which I think 1.At the time of lease the road in-front of petrol bunk is not national highway now it is NH. Does 1228 sq meters land enough for a petrol bunk on National Highway ? 2.is it legal to lease a land 30 years to a petrol bunk ? as I heard only 12/15 years only ? If he go to court on these points will he win the case or not ?
Asked 5 years ago in Civil Law
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7 Answers
Lease terms are good Now I want govt rules for petrol bunk on NH with that 1228 sq meters
Asked 5 years ago
Plot size for fuel station
5.1 The minimum size and shape of the plot for the fuel station would need to be such that it suitable accommodates fuel pumps, offices, stores, compressor room, air pump and kiosks without causing any hindrance to the movement of vehicles of expected maximum dimensions, within fuel stations and in the access area. Sufficient space would need to be available to accommodate the number of fuel pumps to cater to the expected number of vehicles in peak time at this location so that the vehicles do not spill on to the access area. The air pump and kiosks for pollution control measurements be installed at some distance from the fuel pumps so that the vehicles requiring these services do not cause hindrance to the free movement of vehicles entering or exiting for refuelling.
5.2 From these considerations, the minimum size of the plot for fuel stations along National Highways shall be as follows:-
S.No
(i) On undivided carriageway in plain and rolling terrain
(ii) On divided carriageway in plain / rolling terrain
Frontage (In Metre)
35 35
Depth (In Metre)
35 45
(iii) In hilly and mountainous terrain
(iv) In urban stretches
Note:-The proposed plot of new fuel stations should be such that the minimum frontage is achieved within the minimum total area, as stipulated above.
Licensing of vendor for a petroleum company depends on the terms of the license.
The terms can be altered by the petroleum company at any point of time.
So without seeing the terms its difficult to comment on the merit of the writ petition.
Your friend purchased the property being well aware of the subsisting lease agreement with an oil company for petrol bunk and the same is functioning over a decade at that place.
Any new law which would not permit the functioning of a petrol bunk would not be applicable for this well established bunk and functioning in the same place over a decade.
The reasons your friend relies upon to evict the petrol bunk is not reasonable nor it would be maintainable in law.
There is no legal infirmity to lease out the proeprty for 30 years
In fact the government has relaxed the norms for petrol bunk.
The new guidelines providing for entry to petrol station through deceleration lane of 70-metre length and exit through acceleration lane of 100-metre length would not apply to the retail outlets on highways within the municipality limits.
Ministry of Road Transport and Highways has agreed to reduce the frontage at the fuel station from 55 metres to 35 metres for urban areas and 30 metres for mountainous areas.
In fact this petrol bunk is functioning in that place for a period of more than 13 years hence it is not affected by any new rules.
Your friend' contention might not find a place in any provision of law.
It depends on the local governing body and the Oil company's given guidelines.
1. Yes.
2. It's risky to lease but you can execute leave and license agreed for any period
