RAJ KUMAR CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have challenged the advertisement Annexure P1, issued by the Indian Oil Corporation proposing for appointment of retail outlet dealership at Kundli on National Highway-1 within one kilometre from Singhu Border (LHS) in the revenue District of Sonepat in open category.

(2.) It is averred by the petitioners that the action of the respondent-Corporation in initiating the process proposing to install retail outlet dealership at above said site is in violation of the norms and conditions embodied in the guidelines of Indian Roads Congress, 2009 and is illegal and arbitrary and against guidelines issued by the Government of India, Ministry of Road Transport and Highways. The petitioners have also sought a direction to direct the respondent authorities to adhere to the norms and conditions and not to proceed with the advertisement Annexure P1. The petitioners are running retail outlets in the name of M/s Chopra Filling Station as partnership concern at KM 1.900 (LHS) near Toll Barrier situated on the Singhu Border, Kundli Sonepat since 2001, as per the dealership agreement with petitioner No.1.

(3.) The main grievance of the petitioner is that in the guidelines provided by Government of India, Ministry of Road Transport and Highways in Circular dated 25.9.2003, no outlet can be installed within one kilometre distance from the check barrier/toll plaza. It is claimed by the petitioners that there should be a distance of 300 mts. from intersection with rural roads and 1000 mts. from intersection of National Highway on both sides. A copy of the norms has been appended as Annexure P2. It has also been argued that as per Clause 4.5.1 prescribed in the Indian Roads Congress, 2009, two fuel stations cannot be permitted to be located within a distance of 1000 mts. from any barrier and there should be at least a distance of 1000 mts. between two petrol pumps. A site plan has been appended with the writ petition to show that the petitioners are running their business at a distance of 1.900 mts. away from Singhu Border National Highway-I, showing that there is a toll plaza at Singhu Border. The proposed place for installation of new retail outlet is within one kilometer from the Singhu Border.