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Public interest or change in policy may be sufficient to negate concept of legitimate expectation

High Court of Delhi Quippo Oil and Gas Infrastructure Ltd. v. Oil and Natural Gas Corporation Limited and Ors. MANU/DE/1260/2017 08.05.2017 Commercial Public interest or change in policy may be sufficient to negate concept of legitimate expectation. Petitioner, a public limited company, engaged in providing oil and gas rigs on rent with related services, claim that a direction should be issued to ONGC to consider its bid for a tender bearing No. P26AC16006 dated 05th December, 2016 and also seeks a direction restraining ONGC from awarding letter of intent to M/s. Globe Ecologistic Private Limited for said tender. Second Respondent herein owns 100% share holding in Petitioner company and is its ultimate holding company for all practical purposes, including financial criteria mentioned in tender. It is urged that, no other corporate entity holds any share in Petitioner-Company other than second respondent. ONGC had issued a tender for hire of services for 2D seismic data ac...

When act of god and public interest cannot offer protection from negligence

In Vohra Sadikbhai Rajakbhai & Ors. Vs. State of Gujarat & Ors., the matter came up before the Hon'ble Supreme Court whether gross negligence in not maintaining particular level of water in the dam by the respondents; that has resulted into damage and destruction to the plantation of the appellants, causing loss of livelihood, could be said to be an 'Act of God'?" It so happened that the respondents had constructed and maintained a dam. 60,000 cusecs of water from this dam was released, which flooded the land of the appellants and destroyed the plantation therein. The Hon'ble court while accepting the State's argument that the water was released in public interest to avert a greater disaster as the excessively heavy rain which is an Act of God had increased water level in the dam to a dangerous level, found merit in the Appellant's argument that not keeping the level of the water low in preparation of rainy season was negligence.