India: Judgement Finally Made on 2002 Service Station License Cases
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Monday, 10 November 2008 |
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A series of reports by local media back in 2002 highlighted
irregularities in the allocation of service stations and LPG
distributorships by the authorities. Last week the Supreme Court
brought long-awaited relief to 112 such cases, judging that their
“selection was based on merit”.
However, the apex court upheld the cancellation of 93 petrol pumps in
different parts of the country. Tracing the history of the scam, the
Bench of Justices C K Thakker and R V Raveendran recalled how questions
were raised in Parliament after the Indian Express newspaper carried
reports in August 2002, alleging that the BJP-ruled Government
allocated license’s for servcie stations and LPG distributorship
to relatives and associates of political functionaries.
The then prime minister Atal Behari Vajpayee was forced to order the
Petroleum Ministry to take steps to cancel all allotments made on the
basis of recommendations of Dealer Selection Boards from January 2000
till that date. This resulted in the cancellation of 3,760 allotments,
but several allottees challenged this decision in different high
courts.
All these cases were eventually transferred to the apex court which on
December 20, 2002, quashed the government order, except in regard to
413 cases, which were named in newspaper reports as being mired in
irregularities.
Last week, accepting the report of a court-appointed committee set up
to examine the remaining 409 cases (five were repetitions), the Bench
said, “The approval by the Committee with respect to 112 allotments is
accepted and the cancelling of allotments in those cases is set aside.”
However, 297 cases were not found to be allotted on the basis of merit
but due to political favouritism. The Bench proceeded to cancel 93 such
allotments spread across states including Andhra Pradesh, Karnataka,
Madhya Pradesh, Bihar, Uttar Pradesh and Maharashtra.
Some other cases were found to be on the “borderline” by the court, and
taking a lenient view of about 40 such allotments, the apex court
ordered the setting aside of their cancellation.
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