Home | Legal Advice | Property Law | BPCL forcefully vacating me from my land after termination of dealership

BPCL forcefully vacating me from my land after termination of dealership

Shivendra Pratap Singh



Reading Time:

Question: I am a dealer of petrochemical products like petrol and diesel in Uttar Pradesh. The Bharat Petroleum Corporation Ltd (BPCL) has terminated my dealership and is now forcefully vacating me from my land. I am the owner of this land and signed an agreement with the BPCL for selling of petrol and diesel. The act of BPCL forcefully to vacate me from land is illegal so I want to initiate legal action against the BPCL. There is a lease agreement between BPCL and me. According to the lease agreement the BPCL is paying twenty five thousand as premium for my land. Total area of my land is about three acre. The current market value is about twenty three crore rupees. The rent is very miniscule. Therefore, I want to evict the BPCL from my land. Please give me some advice. 

Asked from: Uttar Pradesh

You should carefully read the terms and conditions of the lease agreement between BPCL and you. As I read the latest advertisement regarding the dealership of petrochemical products, the oil company is the lessee. However, you are the owner of this land. But the BPCL has taken your land on lease for a fixed term.

Therefore it is paying a premium which is twenty five thousand rupees per month. You have been receiving that premium. The status and capacity of BPCL as a lessee is clearly determined. There is no flaw in the agreement regarding the use of this land by the BPCL.

There are two separate agreements. One for the lease of the land and another for the dealership. Both deeds are independent. If the termination of dealership is illegal you can challenge it in the proper forum. You can avail arbitration clause of the agreement and challenge the cancellation of dealership before the arbitrator. 

Also read: Termination of dealership on committing fraud

So far as lease agreement is concerned, you can not evict the BPCL at your own will. You can terminate the lease agreement only on the grounds mentioned in the agreement or breach of any statutory principles. The BPCL can allot the dealership to any other competent person on the leased land. You will receive the premium throughout the period of lease agreement. 

Hence, you cannot take any legal action and evict the BPCL from the land only on the ground that it has terminated your dealership. As per the lease agreement you cannot say that BPCL is forcefully vacating me from my land.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Sale deed time out

Question: We had sold our land to a company back in 2018. He kept delaying registration but he paid us in instalments. We have around 70% of the total amount but we haven't been in touch for the last 2 years. We have filled our presence in tehsil on the last decided...

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.