ORDER :

1. Leave granted.

2. The sole question in the two appeals under consideration is whether the insistence by the appellant - Indian Oil Corporation Limited on adherence to the Indian Roads Congress (I.R.C.) Guidelines requiring maintenance of specific distance between the proposed retail outlet and the median of the road was correct in view of the fact that in the advertisement and the brochure there was no specific reference to the said guidelines and no specific mention was made that the same would have to be complied with by a tenderer. The respondents - writ petitioners in both the appeals have been held to be disqualified on the ground that they do not satisfy the requirement in question (i.e. distance) under the aforesaid guidelines.

3. To answer the question arising, it will be necessary to note herein the relevant part of the advertisement issued dealing with the above question.

“a) For establishment of Kendra, the compulsory measurement of the plot should be 35 meters x 35 meters (apart from the P.W.D land) the proposed plot of land for KVK should not be on the National highway/State Highway and should fulfill all Rules and sub-rules of P.W.D. and local legal necessities