Himachal Pradesh High Court
Notice In The Aforesaid Terms vs Arti Devi Dangi And on 18 February, 2021
Bench: Vivek Singh Thakur
.
CWP No.847 of 2021
18.02.2021. Present: Mr. Ajay Sharma, Senior Advocate, with
Ms. Aanandita Sharma, Advocate, for the petitioner.
Mr. Balram Sharma, ASGI, for respondent No.1.
Mr. Dinesh Thakur, Additional Advocate General, for
respondent No.3-State.
(THROUGH VIDEO CONFERENCING)
CMP No. 1499 of 2021
Allowed and disposed of.
CWP No. 847 of 2021
Notice. Mr. Balram Ram Sharma, learned Assistant
Solicitor General of India and Mr. Dinesh Thakur, learned
Additional Advocate General, appear and waive service of
notice on behalf of respondents No. 1 and 3, respectively.
Notice to respondents No. 2, 4 and 5 be issued returnable for
07.04.2021, on taking steps by tomorrow (19.02.2021).
Response/ reply on behalf of the appearing respondents be
filed on or before next date of hearing.
List on 07.04.2021, before the appropriate Bench.
C.M.P. No.1500 of 2021
Notice in the aforesaid terms.
It is the case of the petitioner that the petitioner is
running retail out let in the name and style of M/s Kalka
Filling Station, NH-22, Sector -2 Parwanoo, District Solan,
H.P., in khasra No. 216 and adjacent to filling station in
khasra No. 220, there is Lubricant Depot of Bharat Petrolium
Corporation and thereafter in khasra No. 224, there was
a bulk petroleum depot of Indian Oil Corporation and now
.
respondents No. 2-Indian Oil Corporation as well as
respondents No 4 and 5 are intending to set up a retail out
let of company i.e Indian Oil Corporation in said khasra No.
224, which is at a distance less than 30 mtrs., from existing
retail outlet of petitioner whereas, as per clause 4.5.2
guidelines for access, location and layout of roadside fuel
stations and service stations, (Annexure P-7), issued by
Indian Road Congress (I.R.C.) in Urban area, like the present
one i.e Parwanoo, the distance between two retail out lets
must be 300 mtrs.
To substantiate the requirement of distance of 300
mtrs., learned counsel for the petitioner has also referred
Guidelines dated 26th June, 2020 (Annexure P-8), wherein
in appendix-I, in sub-clause 6 of clause 2.3, minimum
distance between two fuel stations has been prescribed as
300 mtrs. Lastly, judgment passed by the Apex Court in
Special Leave Petition (Civil) No. 22012/2014, titled as
Indian Oil Corporation Ltd. and ors. Vs. Arti Devi Dangi and
another (Annexure P-10), has also been referred wherein in a
petition preferred by respondent No.2 -Corporation, it has
been observed by the Supreme Court that fulfillment of
requirements, spelt out under the Indian Roads Congress
(I.R.C.) Guidelines relevant to setting up fuel stations is
mandatory.
Considering the aforesaid facts and condition of
.
Guidelines issued by I.R.C referred supra, I find that a prima
facie case is made out in favour of the petitioner for grant of
ad-interim stay. Accordingly, respondents No. 2, 4 and 5 are
restrained for setting up retail petrol outlet in Sector-2,
Parwanoo, Tehsil Kausali, District Solan, H.P in khasra
No.224, in violation of terms and conditions prescribed in
Guidelines for access, location and layout of roadside fuel
stations and service stations issued by I.R.C, till next date of
hearing.
List for consideration along with main petition on
07.04.2021, before the appropriate Bench.
The petitioner is permitted to produce copy of order
downloaded from the High Court website and the respondents
shall not insist for certified copy of the order, however, they
may verify the order from the High Court website or
otherwise.
Dasti copy on usual terms.
(Vivek Singh Thakur)
Vacation Judge
February 18, 2021
( Gaurav)
