Disposed

Ranjeet Singh Deora v. Union of India

Rajasthan HC17 Dec 2021CW/18482/2019

Case brief

AI extract

What is this about?

In a writ petition challenging the allotment of a petrol pump site and No Objection Certificate, the Court disposed of the petition upon the assurance by the respondents' counsel that the outlet will operate only after strict compliance with Indian Roads Congress guidelines regarding acceleration and deceleration lanes.

What did the court decide?

Petition dismissed on assurance that petrol pump will operate only after compliance with IRC guidelines on acceleration and deceleration lanes.

Ranjeet Singh Deora Vs Union of India — Service and Employment | Rajasthan HC (2021)

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(1 of 4)

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[CW-18482/2019]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 18482/2019

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Ranjeet Singh Deora S/o Sh. Magal Singh Deora, Aged About 56 Years, Resident Of Maitriwara, Post Ratanpur, Tehsil Raniwada, District Jalore (Raj.).

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----Petitioner

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Versus

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Union Of India, Through Secretary, Oil And Natural Gas Commission, New Delhi.

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Hindustan Petroleum Corporation Ltd., Through Its Executive Director, 17, Jamshedji Tata Road, Mumbai400020.

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Sales Officer, Jodhpur Retail Region, Bhagat Ki Kothi, Jodhpur (Raj.).

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District Collector Jalore, District Jalore (Raj.).

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Heera Lal Choudhary S/o Pura Ram, Resident Of Karwara, Tehsil Raniwada, District Jalore (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Paramveer Singh For Respondent(s) : Mr. Rajesh Joshi, Senior Advocate assisted by Ms. Kamini Joshi Mr. Sunil Beniwal with Mr. Shailesh Gwala Mr. L.K. Purohit, GC (on VC)

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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17/12/2021

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The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs:-

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“(a) That the allotment of Petrol Pump and the grant of No Objection Certificate dated 24.10.2019 issued by the District Magistrate Jalore Annex.4 be declared illegal and be quashed and set aside.

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(2 of 4)

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[CW-18482/2019]

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(b) That the respondents be restrained from installing a petrol pump in the vicinity of the existing petrol pump upon Khasra No.1158/1143 and 1159/1146 on Raniwara Dhanera Road in Kms.6/850 to 6/890 VR at village Maitriwara, Tehsil Raniwara, District Jalore and issue License if not issued for sale of Petroleum product from the same in favour of respondent no.5.

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(c) That further any action/order passed in furtherance of the NOC dated 24.10.2019 Annex.4 regarding installation of aforesaid Petrol Pump be quashed and set aside.

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(d) Any other order or direction which this Hon’ble Court deems just and proper be passed in favour of the petitioner.

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(e) The petitioner may be awarded cost of the litigation.”

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Learned counsel for the petitioner has drawn the attention of this Court towards the guidelines for access, location and layout of roadside fuel stations and service stations as issued by Indian Roads Congress (for short ‘IRC’) in the year 2009.

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Learned counsel for the petitioner has also drawn the attention of this Court towards clause 4.6.1 to be conjointly readwith clause 4.6.3 of the IRC guidelines, which reads as follows:-

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“4.6.1: Plain and rolling terrain in non-urban (rural) areas.

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(i) Undivided carriageway (for both sides of 300 m carriageway) (including deceleration and acceleration lanes). (ii) Divided carriageway (with no gap in median 1000 m at this location and stretch) (including deceleration

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(including deceleration and acceleration lanes).

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4.6.3: If two or more fuel stations are to be sited in close proximity for some reasons, these would be grouped together to have a common access through a service road of 7.0 m width and connected to the highway through acceleration, deceleration lanes. From these considerations, the permission for the new fuel stations would be considered only if it is either in proximity to the existing one so that the common access can be provided or the new one located at distance of more than 1000 m. Any objection from the

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(3 of 4)

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[CW-18482/2019]

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existing fuel station owner against granting of access permission from the highway for the proposed new fuel station are to be overruled and access to all fuel stations in case of clustering, shall invariably be from the service road only.”

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Learned counsel for the petitioner submits that the undivided carriageway for both the sides of the carriageway has to have 300 meters of distance including deceleration and acceleration lanes in the plain and rolling terrain in non-urban (rural) areas.

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Learned counsel for the petitioner submits that there has to be a reason and compliance of these norms and even if the relaxation in Clause 4.6.3 is to be given then also the same has to be only after ensuring that the proper acceleration and deceleration lanes are constructed.

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Mr. Rajesh Joshi, learned Senior Counsel submits that he shall be abiding by all the terms and conditions laid down in the guidelines of IRC and shall operate only after the same are abided by.

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Mr. Sunil Beniwal, learned counsel for the respondent-HPCL makes a categorical averment before this Court that the outlet shall be permitted to operate only after having proper acceleration and deceleration lanes in compliance of Clause 6.1.2 and 6.1.3 of the IRC guidelines.

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After hearing learned counsel for the parties and perusing the record of the case, particularly the IRC guidelines, this Court is convinced that the mandatory guidelines pertaining to the deceleration and acceleration lanes and also the access layout are important in wake of the alarming situation of the road safety on Indian highways.

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In view of the above, the present petition is disposed of upon the assurance given by the counsel representing respondent-

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(4 of 4)

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[CW-18482/2019]

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HPCL that the petrol pump will start operating only after the compliance of Clause 4.6.3, 6.1.2 & 6.1.3 of IRC guidelines in true spirit.

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Stay petition as well as all pending applications also stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI),J.

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50-Zeeshan/Nirmala

Ranjeet Singh Deora v. Union of India

Case brief

What is this about?

What did the court decide?

Ranjeet Singh Deora v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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