BHAGWAN OIL COMPANY SONEPAT Vs. RAJESH

JUDGEMENT

(1.) In a suit for permanent injunction filed by Rajesh and other plaintiffs against the defendants, the plaintiffs filed an application under Order 39, Rules 1 and 2 read with Section 151, C.P.C.praying that the defendants are not entitled to resite the petrol pump from Jahri Road to National Highway G.T.Road in accordance with Rules and, thus, prayed for a temporary injunction to that effect. The suit and application were contested by defendants M/s. Bhagwan Oil Company and I.B.P.Company Limited.

(2.) The plaintiffs pleaded that they are permanent residents and agriculturists of village Jahri. The defendants had installed long back a retail petrol pump out-let on Jahri Road near Sugar Mills, Sonepat. State clearance was taken for this purpose. The petrol pump was situated opposite Co-operative Sugar Mills, Sonepat and, thus, was feeding to the needs of various villagers and the tractors, trucks and vehicles etc. which come to the Sugar Mills for the purposes of fuelling petrol and diesel. It was stated that defendat No. 2 was permitting defendant No. 1 to resite the petrol pump on National Highway G.T.Road against rules, regulations and to the prejudice of the interests of the villagers and the plaintiffs. Therefore, they filed the suit along with injunction application.

(3.) Both the defendants filed independent written statements and took various objections to the very maintainability of the suit as well as challenged the locus-standi of the plaintiffs to file the suit. It was stated on merits that after complying with the various provisions of the policy and circular in this regard it had been decided to resite the petrol pump in the interest of all concerned. It was specifically pleaded that after construction of bye-pass the traffic of the road on which the petrol pump is situated has decreased significantly and the petrol pump has become an unworkable proposition. Number of other petrol pumps were stated to be located within a radius of 2 to 5 kilometres and nobdoy was being put to any additional inconvenience.