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2022 Supreme(Guj) 1174

BIREN VAISHNAV
Yogiji Petroleum – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rasesh H Parikh, Mr.Hemang H Parikh
For the Respondent: Ms. Dhwani Tripathi, Asst Government Pleader for the Mr. Jay M Thakkar, Mr. Kunal Nanavati, For Nanavati Associates

ORDER :

1. Heard learned advocates for the respective parties.

2. By way of this petition, under Article 226 of the Constitution of India, the petitioner is challenging the issuance of No Objection Certificate (NOC) in favour of respondent no. 4 by which no objection has been granted to the respondent no. 4 to set up an underground tank and distillation bearing T.P Scheme no. 2 Plot No. 155/1/paiki village Anand, Ta. Dist. Anand. Challenge to the issuance of the NOC to respondent no. 4 is essentially on the ground that the same is in violation of clause no. 4.7 of the Norms For Location, Layout And Access To Fuel Stations Along National Highways (for short ‘the norms’).

3. Mr. Hemang Parikh, learned counsel for the petitioner would read out clause 4.7 of the norms to indicate that the fuel station would not be located within a distance of 1000 meters from any barrier including that of a toll plaza and railway level crossing. No check barrier, toll plaza should be situated within 1000 meters of a fuel station. In support of his submission, Mr. Parikh would rely on communications addressed by the District Magistrate/Collector, Anand to the Divisional Manager, Western Railways and that t

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