SUNEET SERVICES Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) IN this writ petition, petitioner has challenged the authority of the district administration, namely, Deputy Commissioner, Dhanbad who has granted "No Objection" to respondent No. 6 for opening a fuel station on the site which is situated at the distance of 150 metres from the petitioner's fuel station which is in contravention of the guidelines, issued by the Government of India, Ministry of Road Transport and Highways.

(2.) PETITIONER 's case is that he has been running a fuel station at Mouza Saraidhela, Thana No. 8, Khata No. 175, Plot No. 3300 along the National Highway No. 32 in the district of Dhanbad. He as a dealer of M/s. Bharat Petroleum Corporation Limited is running the outlet since 1994. Respondent No. 5, M/s. Hindustan Petroleum Corporation Limited invited the applications for appointment of dealers within the State of Jharkhand. Pursuant to that advertisement, respondent No. 6 applied for dealership and he was appointed as a dealer and proposed to open his fuel station at Plot No. 3309, Khata No. 120, Thana No. 8, Mouza, Saraidhela in the district of Dhanbad. The aforesaid plot over which respondent No. 6 proposed to open his fuel station is located only at the distance of 150 metres from the petitioner's fuel station. It is contended by the petitioner that prior to opening of the fuel station necessary clearance has not been taken from the Ministry of Road Transport and Highways which is the mandatory requirements of law. It is further contended that proposal for opening of fuel station at the distance of 150 metres from the petitioner's fuel station is in gross violation of the guidelines issued by the Ministry of Road Transport and Highways, Government of India.

(3.) RESPONDENT No. 7, Government of India, Ministry of Road Transport and Highways, in their counter -affidavit have stated that as per the provisions of National Highways Act, 1956 as amended in 1997 that part of National Highways situated within the municipal areas became part of the National Highways Network and the Ministry of Road Transport and Highways is the online Ministry for the control, development and maintenance of the National Highway with a view to control access to National Highways and for the road safety for its users. The necessary circular prescribing the norms have been issued according to which there should be at least 300 metre distance from the two petroleum outlets. It is stated that the alleged site where respondent No. 6 proposed to open an outlet violates the norms as fixed by the Ministry. Respondent No. 6 has not obtained the approval and clearance from the Ministry and, therefore, without the approval and clearance from the Ministry, respondent No. 6 has no right to open a petroleum outlet.