GOVIND MATHUR, J. - (1.) THIS special appeal is directed to challenge the judgment dated 21.3.2013 passed by learned Single Bench in SBCivil Writ Petition No.11986/2012. Respondent Bharat Petroleum Corporation Ltd. proposed to establish its retail outlet dealership at location Mandalnath Bypass Road (Kaliberi Mod to Mandalnath Railway Crossing) in revenue district Jodhpur. An application was submitted by respondent Smt. Kiran Meghwal to have such retail outlet dealership and that was awarded to her as per letter dated 20.11.2010 (Anx.1). The Bharat Petroleum Corporation Ltd. under letter dated 01.10.2010 requested the District Magistrate, Jodhpur to issue a "No Objection Certificate" in the name of Bharat Petroleum Corporation Ltd. for putting of retail outlet at the site concerned. Suffice to mention here that a "No Objection Certificate" pertaining to same site was earlier given in favour of M/s ESSAR Oil Company.
(2.) THE petitioner-appellant, who is operating a retail outlet (petrol pump) of Indian Oil Corporation at Paldi Khichiyan, District Jodhpur, by submitting a representation objected the claim made by respondent Bharat Petroleum Corporation Ltd. to have "No Objection Certificate". A petition for writ (SBCivil Writ Petition No.1026/2011) was preferred by him before this Court with assertion that establishing a retail outlet on the land adjacent to the outlet where petitioner-appellant's petrol pump is already working shall be in gross violation of the norms laid down for establishment of fuel station, service station etc. The writ petition aforesaid came to be disposed of by an order dated 2.1.2012 with a direction to respondent Bharat Petroleum Corporation Ltd. in the terms that the fuel station shall be established at the location proposed strictly adhering to the conditions laid down under clause 4.4.3 and 4.4.4 of the guidelines issued by the State Government after obtaining "No Objection Certificate" from the competent authority in accordance with law. By acceptance of a review petition, the clauses
(3.) 4.3 and 4.4.4 were substituted by 4.6.3 and 4.6.4 of the Indian Road Congress guidelines for access location and lay out of road side fuel station and service station under IRC-2009. Clause 4.6.3 and 4.6.4 of that reads as under:- "4.6.3 - If two or more fuel stations are to be sited in close proximity for some reasons, these would be grouped together to have a common access through a service road of 7.0 m width and connected to the highway through acceleration, deceleration lanes. From these considerations, the permission for the new fuel stations would be considered only if it is either in proximity to the existing one so that the common access can be provided or the new one located at distance of more than 1000 m. Any objection from the existing fuel station owner against granting of access permission from the highway for the proposed new fuel station are to be overruled and access to all fuel stations in case of clustering, shall invariably be from the service road only. 4.6.4 ­ For installation of new fuel station within the 1000 m or 300 m distance of existing fuel station as the case may be, new entrant would be responsible for construction and maintenance of the common service road, deceleration and acceleration lanes, drainage and traffic control devices. Wherever, available ROW is inadequate to accommodate such service roads, deceleration/acceleration lanes, etc. the additional land by the side of ROW to accommodate such service roads shall also be acquired by the new entrant Oil Company. In case of billy/mountainous terrain, common service roads at all such locations may not be possible as per the site conditions and, therefore, common access through service roads would not be a pre- condition." 4. After disposal of the writ petition, a "No Objection Certificate" dated 4.9.2012 was given by the office of the Commissioner, Police Commissionerate, Jodhpur. The "No Objection Certificate" was subject to following conditions:- .........[vernacular ommited text]........... An other writ petition then was filed by the petitioner-appellant with following reliefs:- "(i)by an appropriate writ, order or direction, the conditional NOC dated 4.9.2012 (Annexure-6) issued by the respondents in favour of BPCL for establishment of Retail Outlet in khasra no.125/2 on Mandalnath Byepass Road may kindly be declared illegal and be cancelled; (ii)by an appropriate writ, order or direction, it may kindly be declared that BPCL and / or the private respondent no. 9 could not be permitted to establish Retail Outlet at the site in question as the same would run contrary to the IRC Guidelines of 2009; (iii)any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner; (iv)Costs throughout may kindly be awarded in favour of the petitioner." ;