VED PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking issuance of a writ of mandamus commanding respondent Nos. l, 2, 4 and 5 to demolish Indian Oil Corporations illegal construction work of Petrol Pump proposed to be set up over land measuring two kanals comprised in Survey Nos. 34 & 35, situated at Thudi, Tehsil and District Rajouri.

(2.) PETITIONER seeks the issuance of directions against the respondents on the ground that construction of Petrol Pump in the area by the Corporation was in contravention of the provisions of the Prevention of Ribbon Development Act, 2007 (1950 A. D.) and the Municipal Laws. It is pleaded by the petitioner that hazardous storage of highly inflammable petroleum products within the residential area would endanger the life of the persons residing in the area.

(3.) TO support his case, the petitioner has annexed copy of the notification issued by the competent authority under the Prevention of Ribbon Development Act, 2007 (1950 A.D.), in terms whereof proposed distance for construction of Petrol Pumps from centre line of Sunderbani -Poonch Road, is prescribed as 100 feet. According to the petitioner, the site at which the Petrol Pump was being constructed was within the prohibited prescribed distance.