Ashok Bhushan, J. - (1.) HEARD Shri Arvind Srivastava, learned counsel for the petitioner and Shri Vikas Budhwar for respondent nos. 2 and 3. By this petition, petitioner has prayed for certiorari quashing the order dated 15/2/2010, passed by the Chief Regional Manager, Meerut Retail Region, Hindustan Petroleum Corporation Ltd. by which order the representation submitted by the petitioner objecting to the location of retail outlet proposed to be setup by the Corporation has been rejected.
(2.) BRIEF facts necessary for deciding the writ petition are: On 23/6/2009, an advertisement was issued by the Hindustan Petroleum Corporation Ltd. (hereinafter referred to as "Corporation") advertising several locations for selection of retail outlets. At Serial No. 228 one of the proposed site was "On Tehsil Road, Aonla (between inter section with Station Road and Sargam Talkies Chauraha)" District Bareilly. The applications submitted in response to the above advertisements were considered and the Corporation fixed dates for holding interview of the candidates. Objecting to the aforesaid location, petitioner filed Writ Petition No.60485/2009, which writ petition was disposed of by this Court by order dated 19/11/2009, permitting the petitioner to make a detailed representation before the respondent no.3 which was to be decided by a reasoned order within a period of two months. Petitioner in pursuance of the order of this Court dated 19/11/2009, submitted a representation, copy of which is filed as Annexure-8 to the writ petition which representation has been rejected by the order dated 15/2/2010. This writ petition has been filed praying for quashing the aforesaid order. Learned counsel for the petitioner challenging the order impugned contended that the proposed location is contrary to the guidelines issued by the Government of India, Ministry of Road, Transport and Highways dated 25/9/2003, which provides that the minimum distance between two fuel stations should be at least 300 mts from the middle of the inter section. It is contended that the P.W.D. by letter dated 09/12/2003, has directed the Superintending Engineers to ensure the compliance of the letter of the Government of India dated 25/9/2003. He submits that by virtue of the letter dated 09/12/2003, the guidelines which have been issued on 25/9/2003, are also applicable on the fuel pumps sought to be opened at State Highway, Main District Roads and other District Roads. Reliance has also been placed on the letter dated 15/11/2003 issued by the Chief Engineer, P.W.D., Lucknow addressed to all the Regional Chief Engineers. It has further been submitted that according to the policy of the Petroleum Ministry New Retail outlets cannot be advertised by any Oil Company until and unless per outlet average monthly sale does not exceed 80 Kilo Litres on the basis of the last financial year of all the retail outlets existing within the area. It is submitted that five retail outlets are already there in the area hence, another outlet cannot be opened average sale of the existing outlets not being more than 80 Kilo Litres. Shri Vikas Budhwar, learned counsel for the respondents refuting the submission of the learned counsel for the petitioner contends that the distance criteria as relied on by the petitioner on the basis of the Circular dated 25/9/2003, of the Government of India, Ministry of Road Transport and Highways is applicable only with regard to the fuel stations along with National Highways. He submits that the said criteria is not applicable to the State Highways or other District Roads. With regard to the second submission of the petitioner, it is contended that the guidelines which were earlier issued with regard to the volume of sales are no longer in existence they having been superseded by subsequent guidelines issued by the Government of India dated 09/10/2000. Learned counsel for the respondents submits that the Division Bench of this Court has already considered similar submissions in the case of M/s Vikash Traders Vs. Union of India & Ors, in Writ Petition No.36700/2005, decided on 06/5/2005. Another Division Bench judgment of this Court in Writ Petition No.8852/2004, Gopal Auto Centre Vs. Union of India & Ors. decided on 15/9/2004 has also been relied on.
(3.) WE have considered the submissions of the learned counsel for the parties and have perused the record. The first submission of the learned counsel for the petitioner is based on the guidelines which have been issued by the Government of India, Ministry of Road Transport and Highways dated 25/9/2003. The subject of the aforesaid guidelines is as follows: "Government of India, Ministry of Road Transport and Highways (TELEGRAM "ROADIND)" Transport Bhawan Parliament Street New Delhi-110001 No.RW/NH-33023/19/99-DO-III Dated: 25/9/2003 17-10-2004 To 1. Chief Secretaries/Secretaries (PWD/Roads) of all State Governments/UTs dealing with National Highways and Centrally Sponsored Schemes. 2. Chief Engineers of States/UTs dealing with National Highways and Centrally Sponsored Schemes. 23. Director General (Border Roads) Seema Sadak Bhavan, Ring Road, New Delhi-110010 4. Chairman, National Highways Authority of India (NHA) Sub: Norms for the Access for Fuel Stations, Service Stations and Rest Areas along National Highways." A perusal of the aforesaid Circular indicates that the said circular was addressed to the Chief Secretaries of the State Government dealing with National Highways and Centrally Sponsored Schemes. Paragraph 6.1 of the aforesaid guidelines deals with distance. Paragraph 6.1 and 6.1.2(a) which is relevant is quoted below: "6.1 For the sitting of fuel stations along National Highways, its minimum distance from an intersection would be: 6.1.2 Urban Stretches 1. Plain and Rolling Terrain (a) Urban Area with population of more than 20,000 and less than one lakh: (i) Intersection with any category of roads of carriageway width of 3.5m and above. 300m (ii) Intersection with roads of carriageway width of less than 3.5m 100m" The Government of India by the aforesaid guidelines intended to lay down the distance restriction only with regard to the fuel stations alongwith National Highways. The said circular was not issued with regard to the laying down any criteria for State Highways or other District Roads.;