OM PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of Letter of Intent dated 12. 10.2010 (Annexure P-4) and order dtd. 14/3/2013 (Annexure P-13) whereby permission to change of land use has been granted to respondent No. 7.

(2.) The petitioner is operating retail outlet of Indian Oil Corporation which was allotted to him vide allotment letter dated 7. 11.1979. The respondent No. 2-HPCL vide Letter of Intent dated 12. 10.2010 allotted petrol pump to respondent No. 7. The respondents No. 2 applied for NOC in terms of Rule 144 of the Petroleum Rules, 2002. The District Magistrate after getting clearance from different departments issued NOC to respondent No. 2. Respondent No. 8 sought permission from competent authority for change of land use where petrol pump was to be installed. The respondent No. 7 has set up its petrol pump and it is in operation since 2014.

(3.) Learned counsel for the petitioner inter alia contends that respondent No.7 in connivance with respondents No.2 and 3 has installed petrol pump at a place other than advertised site. The petrol pump was to be installed at a distance of 5 km from the petrol pump of the petitioner whereas it has been installed at a distance of 1.7 km. The petrol pump is located at National Highway whereas site advertised was State Highway.