MANISH AUTO SERVICE CENTRE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is running a petrol pump since 1976 situated 100 meters away from the Dabok Choraha, Tehsil Mavali District, Udaipur. THE grievance of the petitioner is that respondent No. 2-National Highway Authority of India is constructing four lane National Highway No. 76 which is running near to the petrol pump of the petitioner and this part of the highway is Udaipur-Chittorgarh. THE petitioner has not raised grievance against the construction of the National Highway into four lanes but the grievance of the petitioner is the the authorities are deliberately putting up railing just opposite to the petrol pump of the petitioner and not providing any entrance for the petrol pump and thereby, the petitioner is likely to suffer his business completely.

(2.) ACCORDING to the petitioner, all has been done for extraneous considerations and motives and in discriminatory manner which is clear from the fact that for other similarly situated petrol pumps and even workshops and resort hotels, the authorities have left the highway road open providing free and proper access to such outlets but in the case of petrol pump of the petitioner, they are not doing so on the pretext that there is separate service lane on the road side leading to the petrol pump of the petitioner, which according to the petitioner, starts from about 1 km. prior to the petrol pump. ACCORDING to the petitioner, the petitioner submitted several pleas before the respondents and requested them not to put the obstruction by way of iron railings between the highway road closing the access to the petitioner's petrol pump but no relief has been granted by them. The petitioner placed on record the photographs of the petitioner's petrol pump with the marks how the vehicles will come out from the petrol pump of the petitioner and also placed on record the photographs of the resort and surrounding areas with the photographs of one school to show that the respondent left the road open towards the resort and even a small school. It will be worth while to mention here that the petitioner also filed a civil suit for seeking relief of injunction.

(3.) I considered the submissions of the learned counsel for the parties.