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IN THE HIGH COURT AT CALCUTTA
AMRITA SINHA
Sarkar Fuel Station – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petitions for relief against nhai's decision. (Para 1 , 2 , 3) |
| 2. guidelines for fuel station permissions. (Para 4 , 5 , 6 , 7) |
| 3. iocl's rationale for granting permissions. (Para 8 , 9 , 10) |
| 4. private respondent's defense against petitioners. (Para 11 , 12 , 13 , 14) |
| 5. supreme court's interpretation on rights and standing. (Para 15 , 16 , 18) |
| 6. financial implications of restraining business operations. (Para 19 , 20 , 21) |
| 7. urban vs. rural guidelines for fuel stations. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 8. competition in business does not justify legal interference. (Para 30 , 31 , 34 , 35) |
| 9. court's dismissal of the writ petitions. (Para 36 , 37 , 38) |
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
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....
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