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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA
WPA 11363 of 2025 With WPA 7776 of 2024 – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petitions filed for relief against nhai's fuel station sanction. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondent argues permission complies with urban guidelines, dismissing minimum distance claims. (Para 8 , 9 , 11 , 12 , 15 , 19) |
| 3. court emphasizes that urban areas do not require minimum distance between fuel stations. (Para 21 , 23 , 25 , 28 , 31) |
| 4. court underlines that competitive business cannot be unduly restrained. (Para 30 , 35) |
| 5. court dismisses both writ petitions for lack of merit. (Para 36) |
JUDGMENT :
Amrita Sinha, J.
1. The aforesaid two writ petitions have been filed praying for similar relief. The writ petitions are, accordingly, taken up for consideration analogously and disposed of by a common judgment.
2. Sarkar Fuel Station, the petitioner no. 1 in WPA 11363 of 2025, claims to be a partnership firm which is running a petrol pump situated beside NHAI-12 (old NH-34) upon obtaining approval from National Highways Authority of India (NHAI) from the year 2021. Animesh Baidya, the petitioner in WPA 7776 of 2024, has averred that he is associated with a petrol pump beside NH-12 (old NH-34).
3. Both the petitioners are aggrieved by the decision taken by NHAI i
The court upheld that urban fuel stations are exempt from minimum distance requirements under the NHAI guidelines to ensure public access.
The court ruled that competition in business does not justify restraining operations of a legal entity unless fundamental rights are infringed, affirming the legality of setting up fuel stations acco....
Existing retail operators cannot impede new competitors without statutory grounds, promoting healthy market competition.
IRC guidelines are directory for State Highways, and competitors can challenge violations, but the petition was dismissed for lack of merit.
MORTH Guidelines only apply to retail outlets that are to be opened on National Highways.
The legal issue revolves around compliance with regulatory norms for the establishment of retail petroleum outlets and the impact on commercial rights under Article 19(1)(g).
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....
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