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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA
Sarkar Fuel Station – Appellant
Versus
Union of India – Respondent
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 in granting permission to Indian Oil Corporation Limited (IOCL) for setting up of a large format retail outlet on the self-same highway and they pray for a direction upon NHAI to recall the said sanction memo.
4. Submission of the petitioners is that the said permission is contrary to the guidelines/norms laid down by the Government of India, Ministry of Road Transport and Highways dated 26th June, 2020 relating to grant of permissions for construction of access to fuel stations, wayside amenities connecting roads, othe
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....
The court upheld that urban fuel stations are exempt from minimum distance requirements under the NHAI guidelines to ensure public access.
Existing retail operators cannot impede new competitors without statutory grounds, promoting healthy market competition.
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).
MORTH Guidelines only apply to retail outlets that are to be opened on National Highways.
IRC guidelines are directory for State Highways, and competitors can challenge violations, but the petition was dismissed for lack of merit.
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 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 ....
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