LILA DHAR GERA Vs. UNION OF INDIA

JUDGEMENT

(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.

(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.