Bharat Petroleum Corporation Ltd vs P. Kesavan & Anr on 5 April, 2004
In fact, in Bharat Petroleum Corpn. Ltd. v. P. Kesavan & Anr. JT 2004(4) SC 151, the very acquisition Act was challenged and the Supreme Court very categorically held that by virtue of the legal fiction as contained under Section 5(1) of the Act, Bharat Petroleum became a lessee in respect of the leasehold. Therefore, the Public Sector Oil Corporations have to be considered as tenants on account of the legal fiction as contained in the Acquisition Act. Even though the buildings were constructed only by the erstwhile Burmah Shell and Esso Eastern Inc., by virtue of the provisions of Acquisition Act, the respective oil Companies have become entitled to the superstructure and as such, by stepping into the shoes of their predecessor-in-interest, these oil Companies are entitled to the value of the building as compensation.