VidhiSangh

Supreme Court of India · 30/09/2021

ANAPURNA JAISWAL versus INDIAN OIL CORPORATION LTD. AND ORS.

[2021] 9 S.C.R. 204 · 2021 INSC 583

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Summary

The Court upheld denial of 35 land-availability marks to a petrol-pump dealership applicant. Her registered deed provided for a 30-year lease commencing only upon approval of the petrol pump; no operative lease therefore existed on the application date. Delivery of possession and registration did not advance that contractual commencement. Section 47 of the Registration Act gives a registered instrument effect according to its own terms, rather than changing them. A later rectification did not justify interference with the corporation’s decision.

Issues

  1. Whether a registered lease commencing upon future petrol-pump approval satisfied the requirement of a subsisting long lease on the application date.
  2. Whether possession, registration or a later rectification altered that conclusion.

Provisions considered

Held

Result

Appeal dismissed without costs; High Court judgment sustaining the corporation’s decision upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 204.