YOGIJI PETROLEUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) By way of this petition, under Article 226 of the Constitution of India, the petitioner is challenging the issuance of No Objection Certificate (NOC) in favour of respondent no. 4 by which no objection has been granted to the respondent no. 4 to set up an underground tank and distillation bearing T.P Scheme no. 2 Plot No. 155/1/paiki village Anand, Ta. Dist. Anand. Challenge to the issuance of the NOC to respondent no. 4 is essentially on the ground that the same is in violation of clause no. 4.7 of the Norms For Location, Layout And Access To Fuel Stations Along National Highways (for short 'the norms').

(3.) Mr. Hemang Parikh, learned counsel for the petitioner would read out clause 4.7 of the norms to indicate that the fuel station would not be located within a distance of 1000 meters from any barrier including that of a toll plaza and railway level crossing. No check barrier, toll plaza should be situated within 1000 meters of a fuel station. In support of his submission, Mr. Parikh would rely on communications addressed by the District Magistrate/Collector, Anand to the Divisional Manager, Western Railways and that to the Additional Divisional Engineer, Anand seeking an opinion as to whether a petrol pump/fuel station was in compliance of the norm being 4.7 of the Norms referred to hereinabove. Essentially the point of challenge therefore is that since it is located within a 1000 meter distance of a railway barrier, the NOC is contrary to the norms and therefore be set aside. 3.1 Mr. Parikh would rely on a decision of the Punjab and Haryana High Court in the case of Subhash Khobra vs. State of Haryana and Others rendered in Civil Writ Petition No. 21006 of 2020 on 16/12/2020.