FEDERATION OF GUJARAT PETROLEUM DEALERS ASSOCIATION vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Guj) 124

Gujarat High Court
Judgename :K.M.MEHTA
FEDERATION OF GUJARAT PETROLEUM DEALERS ASSOCIATION - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION 8116 of 2005
Decided On : 02/20/2006

Advocates Appeared: A.D.OZA, G.N.SHAH, HARIN P.RAVAL, JITENDRA MALKAN, K.S.NANAVATI, L.R.PUJARI, MINU A.SHAH

Headnote:
Gujarat Town Planning and Urban Development act, 1976 - Section 17 (i) (ii) (a) - Constitution of india,1950 - Article 226 - Seek a very strictest enforcement is submitted that similarly in exercise of powers conferred that this Court may issue an appropriate writ order or direction quashing and setting aside - Petitioner is a Federation of Petrol/diesel dealers Association of State of Gujarat - Dealers dealing in petrol/diesel are members of petitioner Federation are honorary Secretary and honorary Joint secretary of petitioner During pendency of petition - Petitioner has also moved a draft amendment and same was allowed and petition is accordingly amended advocate for petitioner has made following submissions - It is case of petitioner that planning and Valuation Department of Government of Gujarat has issued necessary guidelines said guidelines are issued by Revenue department of Government of Gujarat vide resolution regarding permission to be obtained before construction of a Motor fuel Filling Station - State Government also issued relevant regulations for Motor Fuel filling-cum-Service station - Indian Roads congress in its recommended practice for location and lay out of road side Motor Fuel filling and Motor Fuel Filling-cum-Service station has laid down norms which are accepted by Central Government - Revenue Department containing Rules and conditions so as to provide for maintenance of Urban Development Rules – Held, This Court direct State of Gujarat that while granting permission to various respondents oil companies particularly for construction and installation of retail outlets they will have to comply with provisions of amended Act and Rules in this behalf as discussed by this Court - State of Gujarat and other authorities while granting permission of petrol pump may also consider resolution issued by Union of India and also norms laid down by State government as well as communication - Respondents in their affidavits and contentions raise it appears that grievances of petitioner that concerned authority has not followed law is not borne out from facts of case - In view of same if following directions are given same will be in interest of justice have considered submissions of advocate for petitioner who has made very forceful submission in this behalf - However in view of reply filed by State Government Union government and various provisions of Act and rules which have discussed earlier do not see any substance in contention raised by petitioner - It may be noted that even petition was filed this Court issued only notice and no interim relief was granted during pendency of petition - As now I finally disposed of matter there is no question of any relief to be granted to petitioner in this behalf - However with a view to see that equities are maintained and balance is struck so petition is disposed of with following directions are given to authority same will meet ends of justice - Petition dismissed(Para 31)

( 1 ) FEDERATION of Gujarat Petroleum Dealers Association, petitioner (in Petition No. 8116/2005) has filed this petition under Article 226 of the Constitution of india with following prayers. (i) that this Court may issue an appropriate writ, order or direction quashing and setting aside circular dated 10. 2. 2003 (hereinafter referred to as "the said Circular") issued by the Revenue department, Government of Gujarat. (ii) that this Court may quash and set aside the letter dated 17. 12. 2004 issued by the State of gujarat to the Collector, Mehsana, clarifying the norms relating to encroachment by the existing retail outlets. (iii) that this Court may issue direction against the respondent Government i. e. State of Gujarat, respondent No. 1, and respondent Nos. 7 - Reliance industries Limited; respondent No. 8 - Essar Oil limited; respondent No. 9 " Indian Oil Corporation ltd. ; respondent No. 10 - Bharat Petroleum corporation Ltd. ; respondent No. 11 " Hindustan petroleum Co. Ltd. ; and respondent No. 12 " IBP company Ltd. , for strictly enforcing the norms as laid down in guidelines issued by the Town Planning and Valuation Department of the Government of gujarat dated 17. 7. 1980 by the Secretary, Revenue department of Government of Gujarat so far as it relates to installation of petrol pumps. (iv) that this Court may issue direction for strict enforcement of the norms as laid down in the letter dated 25. 9. 2003/17. 10. 2003 at Annexure-B and more particularly as set out in Appendix-I and other accompaniments to the said norms in the matter of construction and installation of retail outlets of national highways. (v) that this Court may be pleased to issue directions restraining the respondent Oil Companies from starting construction for installation of petrol/diesel pumps without obtaining prior permission from the National Highways Authorities or the Urban Development Authorities and Area development Authorities established under Gujarat town Planning and Urban Development Act and the rules framed thereunder so far as it relates to the petrol/diesel pumps. (vi) that this Court may issue orders directing respondent No. 1 " State of Gujarat, respondent No. 2 " the Secretary, Govt. of Gujarat, Road and building Department and respondent No. 3 " Union of india through the Secretary, Ministry of Petroleum and Natural Gas, New Delhi to issue immediate orders to the Collectors and other appropriate authorities including the National Highway Authorities and the state Highway Authorities for prohibiting construction and installation of retail outlets for petrol/diesel pumps and/or petrol pump-cum-service stations in respective Districts by the Collector. (vii) that this Court may be pleased to issue direction or order directing the Urban Development authority and /or Area Development Authority of the state of Gujarat to forthwith direct stoppage of construction and installation of retail outlet by the respondent Oil Companies by themselves or through their dealers without obtaining prior permission required under Law and the Government resolutions issued by the Central Government as well as Circulars issued by the State Government referred to earlier. (viii) During the pendency of the petition the petitioner has amended the petition and also added prayer 46 (jj) and 46 (jjj ).

( 2 ) THE aforesaid petition was filed on 25. 4. 2005. It was placed before this Court (Coram: M. R. Shah, J) on 5. 5. 2005 when this Court issued notice returnable on 13. 6. 2005. The Court did not grant any interim relief on that day. Thereafter, the matter was placed for hearing before this Court from time to time.

( 3 ) ON behalf of the petitioner Mr. Harin P. Raval, learned advocate, has appeared. He has argued the matter at great length and with remarkable ability. On behalf of the State Government Mr. A. D. Oza, learned Government Pleader with Mr. L. R. Poojari, learned AGP appears. Mr. Jitendra Malkan, Additional solicitor General, appears for respon

Click Here to Read the rest of this document

2006 Supreme(Guj) 124

Gujarat High CourtJudgename :K.M.MEHTAFEDERATION OF GUJARAT PETROLEUM DEALERS ASSOCIATION - AppellantVersusSTATE OF GUJARAT - RespondentSPECIAL CIVIL APPLICATION 8116 of 2005Decided On : 02/20/2006

Cases Referred (1)

Gujarat High Court
Judgename :K.M.MEHTA
FEDERATION OF GUJARAT PETROLEUM DEALERS ASSOCIATION - Appellant
Versus
STATE OF GUJARAT - Respondent
SPECIAL CIVIL APPLICATION 8116 of 2005
Decided On : 02/20/2006