N ARUNDHATHI Vs. IBP COMPANY LTD

JUDGEMENT

(1.) Heard the Counsel on either side and at their request the main writ petition itself is taken up for disposal.

(2.) The petitioner herein, who is an existing dealer and holder of authorization for running petrol bunk, filed this writ petition, inter alia, seeking writ of mandamus challenging the action of the respondents herein in starting a petrol bunk in Sy.Nos.225, 226/A, 226/AA and 227 situated at Kanteshwar, Nizamabad District, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India, apart from being contrary to the provisions of the National High Ways Authority Act, 1988 and the rules made thereunder and consequently seeking not to start any such retail outlet in the said premises. Initially the writ petition was filed only against Respondent Nos.l to 4 and thereafter Respondent Nos.5 to 9 have been impleaded at the instance of writ petitioner herself.

(3.) The case of the petitioner in brief is that she is having a retail outlet dealership in Indian Oil Corporation at Kanteshwar, which is being under the name and style of M/s. Prakash Auto Service, which was given under the freedom fighters quota in favour of her father-in-law. After his death, the said outlet was being run by her husband, who expired on 15-4-2001 and subsequent to which the petitioner is running the said outlet and it is also stated that except that the petitioner does not have any other source of income. The complaint of the petitioner is that the Respondent No.1 is intending to start a retail outlet for sale of petrol and diesel in the aforesaid land and accordingly after filing an application by him, the authorities have granted no objection certificates for setting up such retail outlet. Thereafter, the Respondent No.1 has started the excavation work and other works. The main objection on the part of the petitioner is that having regard to the existence of retail outlet of the petitioner already on the National Highway 16, establishment of any new and fresh outlet within 1 km on the same highway is wholly unsustainable. Further, in view of the heavy traffic and occurrence of several traffic jams intermittently and existence of schools, function halls and two engineering colleges, two big temples etc., it is not feasible to have one more petrol bunk in the vicinity and which not only create traffic problem but also cause several hazards. It is also her case that said new petrol bunk is sought to be established at the behest of certain individuals, who are inimical towards her. Further, it is pointed out that such establishment of a bunk is in the teeth of the provisions of the National Highway Act and also guidelines issued including the proceedings dated 25-9-2003, which contemplates that no new fuel station can be installed within 100 meters from an intersection on the National Highway, whereas the said site clearly falls well within the prohibited limitations from more than one intersection. It is her case that eventhough she has pointed out all these aspects and difficulties to the respon dentauthorities, however no action has been taken. It was further pointed out that having regard to the traffic, existing Road of 6.7 meters has been widened to 10 meters on the said National Highway No.16 from 0/0 km to 4/0 km. Further it is also pointed out that even at other places the respondents in disregard to the guidelines are permitting the establishment of petrol bunks, especially at Ankapur, Morthad and Velpur on the National Highway. Therefore, it is her case that clauses 10.6 to 10.10 of the directions have to be complied before energizing the petrol bunk. In view of the same, the petitioner tries to bring her case within the mischief of Article 14 of the Constitution of India. Hence, the writ petition.