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VIKRAM NATH, SANDEEP MEHTA
Indian Oil Corporation Limited – Appellant
Versus
Aditya H. P. Centre – Respondent
| Table of Content |
|---|
| 1. violation of irc and morth guidelines (Para 5 , 6 , 7 , 8) |
| 2. dispute over applicability of guidelines (Para 9 , 15 , 21 , 24) |
| 3. high court's reliance on irc and morth guidelines (Para 10 , 11 , 12 , 13 , 14) |
| 4. no objection certificate's relevance (Para 18 , 22 , 23) |
| 5. burden of proof in writ petitions (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 6. setting aside high court's orders (Para 34 , 35) |
JUDGMENT :
1. Heard.
3. For the sake of convenience, Civil Appeal Nos. 2701-2702 of 2024 are being treated as the lead matters and reference to facts and issues is being made therefrom for the purpose of disposal of the batch of appeals.
I. BRIEF FACTS
| S. No. | Particulars | Date of Order |
| 1. | Civil Writ Petition No. 4239 of 2020; Civil Writ Petition No. 3338 of 2020; Civil Writ Petition No. 2703 of 2020 | 17th August, 2021 |
| 2. | Civil Writ Petition No. 847 of 2021 | 6th September, 2021 |
| 3. | Civil Writ Petition No. 3378 of 2022 | 9th November, 2022 |
7. The sum and substance of the challenge laid by the writ petitioners3 [Hereinafter, being referred to as ‘respondents-writ petitioners] before the High Court was t
The IRC and MoRTH guidelines are enforceable only if adopted by the respective State; mere assertion of their applicability without proof is insufficient in legal proceedings.
Civil Law - Grant of Temporary Injunction - Rights and Liabilities of Co-owners - A co-owner is not entitled to an injunction restraining another co-owner from exceeding his rights in common property....
Locus Standi of rival business - A rival businessman cannot file a writ petition, challenging the setting-up of a similar unit by another businessman, on the ground that establishing a rival busines....
The court established that while Indian Road Congress Guidelines are not mandatory in Tamil Nadu, they must be considered for public safety when processing applications for No Objection Certificates.
The court established that IRC Guidelines are directory and do not confer a legal right to challenge the issuance of a Letter of Intent based on proximity.
The absence of appropriate rules framed by the State Government renders Indian Road Congress Guidelines non-mandatory, and the maintainability of a writ petition is contingent on the availability of ....
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
The court held that a retailer's eligibility requirements must align with government guidelines, declaring a 35-meter frontage requirement illegal and invalidating the selection based on this non-com....
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