NEEL KANTH FILLING STATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner by means of this writ petition has prayed that respondent No. 3 Bharat Petroleum Corporation Ltd. through its officers or allottees should not be permitted to install a retail outlet in the land comprised in Khata/Khatauni No. 1/1 to 2 min, Khasra No. 12 and 11/2 situated in Mauza Bhuppur, Tehsil Paonta Sahib, District Sirmour, H.P. The main grounds of challenge are that the site on which the retail outlet is sought to be set up is in a rural area. It is further contended that the site falls in a plain area and not in a hilly area and as such the norms relating to plains should have been applied. It is also contended that no provision has been kept for service lane. Lastly, it is contended that the retail outlet is being set up in violation of the development plan of Paonta Town.

(2.) THE petition has been contested by the respondents.

(3.) THE Ministry of Road Transport and Highways, Government of India issued guidelines on 25.9.2003/17.10.2003 to the various State Governments laying down the norms for the access for filling stations, service stations and rest areas allowing the National Highways. The siting norms are different for rural areas, urban areas, plain regions and hilly and mountainous terrain. There are other considerations also which are taken into consideration. The relevant norms are as follows:-