About the validity of candidature in rgglv
rdt
(Querist) 02 March 2013
This query is : Resolved
Sir
I have applied for Rajib Gandhi Gramin LPG Vitarak on 15.03.2012 of HP oil company. To be eligible for the dealership one should has (i) Rs 2 Lakh in Savings Bank Account as on the date of application and(ii) Clear ownership of a suitable land at the proposed area. Before I applied for the dealership I had bought a land at the proposed area. After one and a half month of application I returned the land through registered sale deed to the previous seller. Now from some unofficial source I came to know that I have been selected for the dealership through a draw of lots on 25.02.2013, because I was not present there at the time of draw . Now I want to buy the same plot once again on 04.03.2013 although I am not informed about my selection from the oil company officially yet now. Now if I can provide all necessary document of the same land(i,e. clear ownership) during the field visit of the said company,does the terms of eligibility affects anyway? I have attached the brochure of the oil company for your kind consideration. Thanks in advance if any expert response.
H.M.Patnaik
(Expert) 03 March 2013
Pl. extract the relevant portion of the advt. wherein land holding clause was mentioned, so that the matter can be examined in proper perspective . However, as your getting prepared for a substantially viable project, it will be better to consult a experienced civil lawyer locally along with relevant papers for resolving your doubts.
rdt
(Querist) 03 March 2013
Thank you sir, for your kind response. I'm hereby providing the criteria of land for this purpose exactly in the same language that has been laid down in the prospectus of the aforesaid oil company.
"
3.9 Should own a suitable land (plot) of minimum 20 meter X 24 meter in the
identified location for construction of LPG cylinder Storage Go-down.
Own means having clear ownership title of the property in the name of
applicant / family member of the ‘Family Unit’ as defined in multiple
distributorship norm. In case of family member, consent letter from the
family member will be required. "
Land for construction of Godown will be suitable, if it is freely accessible
through all weather motorable approach road and should be plain, in
one contiguous plot, free from overhead power transmission or telephone
lines. Pipelines / Canals / Drainage / Nallahs / Public Roads should not
pass through the plot."
3.8 Fulfill Multiple dealership/distributorship norm
Multiple Dealer/Distributorship norms means that none of the individuals
would be entitled to a new dealership/distributorship if any other
individual in a ‘Family Unit’ already holds a dealership/distributorship or
LOI for a dealership/distributorship of a PSU oil company i.e Only one
Retail Outlet / SKO-LDO dealership / LPG distributorship of PSU oil
company will be allowed to a ‘Family Unit’.
Family Unit in case of married person/ applicant, shall consist of individual
concerned, his/her Spouse and their unmarried son(s)/daughter(s). In
case of unmarried person/ applicant, ‘Family Unit’ shall consist of
individual concerned, his/her parents and his/her unmarried brother(s)
and unmarried sister(s).
There is nothing else in this regard.
Hope your kind advice that may ease my tension. Thank you once again
H.M.Patnaik
(Expert) 04 March 2013
Dear rdt,
Thanx for immediate feedback.
From the Extract supplied, it is clear that the Advertiser intended to invite applications from eligible applicants holding clear title of land confirming to specification etc.indicated therein . It can be safely derived that once an applicant has submitted application in response to the advt.annexing copy of the LAND documents over which Storage godown is to be constructed, there should not be any change in title deed till finalization of the allotment process and change of title to the property offered in the meantime is to be necessarily construed as a disqualification.
However the authority concerned may take their own decision in your case as you have regained title of the property before finalization of allotment process.
rdt
(Querist) 04 March 2013
Thank you sir,once again. Sir, what will be the situation If we both the party mutually cancel the last sale deed?
Raj Kumar Makkad
(Expert) 04 March 2013
If both the parties mutually get cancellation of the sale-deed than it can validly be done and earlier stage shall appear prior to sale-deed in question.
rdt
(Querist) 07 March 2013
Sirs, thank u for ur response. in the above case, before execution of the sale deed I had taken notarified affidavit from the buyer declaring that we mutually executed this sale deed only for the purpose of rectification of errors in describing boundary of the plot that committed by the deed writer. In this affidavit he has also declared that he shall be bound to return me the plot, on my demand at once through another sale deed. he further declares that in the mean time I shall have full right over the plot and I can erect any construction if I need so. Now my question is, whether this type of affidavit has any legal validity in obtaining the dealership?
