NEERAJ KACHHAWAHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal is directed to challenge the judgment dated 21.3.2013 passed by learned Single Bench in SBCivil Writ Petition No.11986/2012. Respondent Bharat Petroleum Corporation Ltd. proposed to establish its retail outlet dealership at location Mandalnath Bypass Road (Kaliberi Mod to Mandalnath Railway Crossing) in revenue district Jodhpur. An application was submitted by respondent Smt. Kiran Meghwal to have such retail outlet dealership and that was awarded to her as per letter dated 20.11.2010 (Anx.1). The Bharat Petroleum Corporation Ltd. under letter dated 01.10.2010 requested the District Magistrate, Jodhpur to issue a "No Objection Certificate" in the name of Bharat Petroleum Corporation Ltd. for putting of retail outlet at the site concerned. Suffice to mention here that a "No Objection Certificate" pertaining to same site was earlier given in favour of M/s ESSAR Oil Company.

(2.) THE petitioner-appellant, who is operating a retail outlet (petrol pump) of Indian Oil Corporation at Paldi Khichiyan, District Jodhpur, by submitting a representation objected the claim made by respondent Bharat Petroleum Corporation Ltd. to have "No Objection Certificate". A petition for writ (SBCivil Writ Petition No.1026/2011) was preferred by him before this Court with assertion that establishing a retail outlet on the land adjacent to the outlet where petitioner-appellant's petrol pump is already working shall be in gross violation of the norms laid down for establishment of fuel station, service station etc.

(3.) 4.3 and 4.4.4 were substituted by 4.6.3 and 4.6.4 of the Indian Road Congress guidelines for access location and lay out of road side fuel station and service station under IRC-2009. Clause 4.6.3 and 4.6.4 of that reads as under:-