IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR GAUR, J.
Chetan Kumar Todawata S/o Sh. Hanuman Prasad Todawata - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Civil Writs No. 8087 of 2018
Decided on : 28-11-2018
Constitution of India – 1950 - Article 226 - Illegality - Directly contrary - Appropriate writ order or directions your lordship may kindly be pleased to restrain respondents grant any objection certificate favour respondents purpose of installing petrol pump just adjacent petitioner’s land - Any other appropriate order which this hon’ble court deem fit and suitable for the benefit of the petitioner may kindly passed and cost of writ petition may also be allowed favour petitioner –Held, Counsel for private respondent has referred revised guidelines norms issued by the government india ministry of road transport and highways for access permission fuel stations private properties rest area complexes and such other facilities along national highway have been provided court finds that guidelines issued government of India also prescribe - general conditions revised guidelines norms and nonurban stretches per clause distance petrol pump having intersection with national highways – Petition dismissed
1. The present petitioner who owns a petrol pump at village Bichoon, Tehsil Mojamabad, District Jaipur has filed the instant petition with the following prayers:-
“It is, therefore, humbly prayed that the entire record of the courts below may kindly be called for and after perusing the same, respondents lordship may kindly accept and allowed this writ petition and further:-
i. By appropriate writ, order or directions, respondents lordship may kindly be pleased to quash and set aside the order dated 14.8.2017 passed by the District Collector Jaipur based on the false report as the same is directly contrary to the judgment of this Hon’ble court passed in the case of Dalpat Singh.
ii. By appropriate writ, order or directions, your lordship may kindly be pleased to quash and set aside the No Objection Certificate issued by the Sarpanch Gram Panchayat Bichoon on 12.10.2017 in respect of the land of respondent No.11 for installing of petrol pump contrary to the guidelines and judgement of this Hon’ble Court.
iii. By appropriate writ, order or directions, your lordship may kindly be pleased to restrain the respondents not to grant any no objection certificate in favour of respondents No.11 for the purpose of installing petrol pump just adjacent to the petitioner’s land.
Any other appropriate order which this Hon’ble Court deem fit and suitable for the benefit of the petitioner may kindly be passed and cost of the Writ petition may also be allowed in favour of the petitioner.”
2. The petitioner feels aggrieved due to establishment and installation of new petrol pump adjacent to the land of the petitioner.
3. The brief facts as pleaded in the writ petition are that the petitioner after getting due permission of conversion of land bearing Khasra No.1585/1098 in village Bichoon, Tehsil Mojamabad, District Jaipur has set up a petrol pump, awarded to him by Hindustan Petroleum Corporation Limited (hereinafter shall be referred to as “the HPCL”). The petitioner has alleged in the petition that before establishing the petrol pump, he got No Objection Certificate from different authorities and his land was converted for commercial purpose. He also obtained No Objection Certificate from Public Works Department as well. The HPCL after considering all the compliances of the relevant laws, executed license in favour of the petitioner to run petrol pump on the land/property abutting on the State Highway No.57 (NH- 8/MOKHAMPURA to BICHOON).
4. The petitioner has alleged in his petition that he was running his petrol pump smoothly, however, he learnt that the respondent No.11 (private respondent) has purchased the land adjacent to the petrol pump of the petitioner for the purpose of installing Reliance Petrol Pump and he started the work on the said land for the purpose of establishing a petrol pump.
5. The petitioner has pleaded that the respondent No.11 had applied for retail outlet/petrol pump of Reliance Company and he submitted an application in this regard and the respondent No.10 Reliance Company Limited, proceeded to grant permission/license to run the petrol pump and further asked to fulfill the criteria and norms prescribed.
6. The petitioner has pleaded that the respondent No.11 applied for conversion of land for commercial purpose and khasra No.1110 measuring 0.3320 Hectare situated at village Bichoon, Tehsil Mojamabad, District Jaipur has been converted for commercial purpose i.e. for use of petrol pump. The petitioner has pleaded that conversion of land by Tehsildar Mojambad is contrary to the directions issued by the High Court and also against the circular issued by the State Government.
7. The petitioner has pleaded that while undertaking the exercise of conversion of land of the respondent No.11, the SDO, Dudu submitted a false report to the District Collector and he was required to inform that there was already a petrol pump wi
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