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1997 Supreme(Cal) 274

SATYABRATA SINHA
Ardhendu Manna – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr. L.C. Bihani, Miss Suchandra Mukherjee,
Mr. Naba Kumar Das and Ananta Nanda for the Petitioner
Mr. P.K. Tarafder for the Union of India
Mr. P.K. Roy, Ashok Banerjee and P.K. Ghosh for the Indian Oil Corporation

JUDGMENT

The petitioner in this application has, inter alia, sought for issuance of an appropriate writ directing enforcement of a circular letter issued by the Indian Road Congress and recommended practice for location and layout of roadside motor fuel filling and motor fuel filling-cum-service stations.

2. The said recommendations were made on the basis of certain alleged principles. Clause 4.1 of the said circular provides that as a general rule, the clear distance between two adjacent filling stations (these will also include fuel filling-cum-service stations) should not be less than 300 metres.

3. The fact of the matter lies in a very compass.

4. The petitioner runs a petrol pump in Mouza Padima on plot Nos. 1107 and 1073 which were taken on lease from the Administrator, Digha Development Scheme by the petitioner. The petitioner found that another filling up station would be established just by the side of his Petrol Pump by the Indian Oil Corporation Ltd. in violation of the said scheme.

5. According to the petitioner as the principles were arrived at by the Indian Road Congress upon holding a meeting with the representatives of principal oil companies of the country, namely Bhar
























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