CENTRAL SERVICE STATION AND OTHER Vs. NDMC

JUDGEMENT

(1.) The petitioners, in these proceedings have sought directions to quash the decision of the respondents, particularly, the New Delhi Municipal Council (hereafter referred to as "NDMC"), to implement the new traffic circulation plan for Connaught Place made effective from 25.07.06.

(2.) The petitioners are authorized dealers of petroleum companies, namely, Hindustan Petroleum, Bharat Petroleum Corporation Ltd. and Indian Oil Corporation. They are engaged in the business of selling petroleum products, from the outlets in Connaught Place. It is claimed that the respondents in consultation with each other formulated a traffic circulation plan implemented from 25.07.06. The petitioners aver that the Connaught Place area houses one of the finest shopping complexes, which was planned decades ago. The petitioners have been functioning in the area for over five decades, contributing to the business, catering to the needs of residents, offices and vehicle owners generally in the vicinity as well as those visiting the area. Connaught Place is approached by seven radial roads. It is claimed that as per the decision of the respondents, three radial roads, namely, road No. 3 (Punchkuin Road), No. 5 (Minto Road) and No. 7 (Barakhamba Road) are to be permanently closed; two roads, viz. Janpath and Radial No. 4 (State Entry Road) are permitted only for the purpose of entry of traffic whereas the other two Radial Road Nos. 2 and 6 (Baba Kharak Singh Marg and a road in front of Nirulas outlet respectively) are permitted for purposes of exit.

(3.) It is alleged that reports had been published in the press from time to time about intention of the respondents to revamp the traffic circulation plan in the Connaught Place area; it was also informed in the course of such publications that petroleum outlets would be re-located elsewhere. It is claimed that the petitioners, by a letter dated 15.06.05 requested the NDMC to notify where they would be located since the matter was of great importance and any delay would adversely affect their livelihood. The NDMC, in its letter dated 15.07.05 stated that final proposal for re-location of the existing petrol pumps was yet to be finalized and that the petitioners would be informed appropriately. The petitioners requested for grant of hearing or opportunity in regard to the proposed plans on 04.08.05. However, the NDMC maintained silence and did not disclose any plans which led to further letters being written. The State Level Coordinator (Oil Industry) Delhi requested for a meeting of the NDMC with Oil Industry officials as the outlets located in Connaught Place area were likely to be affected seriously by the proposed traffic plan. This communication dated 14.10.05 had mentioned the long existence of such outlets and also had drawn to the attention of the NDMC that availability of fuel stations was a key element or requirement for those visiting the Connaught Place area. It was stated in the letter that the retail outlets located in the surrounding areas were very few and that closure of the existing outlets would be of great inconvenience to the customers.