Compliance with court orders, authority to grant relaxation of norms, distinction between norms and statutory provisions

JUDGMENT

1. The writ petition of petitioner Mahendra Kumar came up before this Court for orders on application moved by respondent no.7 for vacation of the stay order passed by this Court dated 17/07/2018. However, since the arguments to be advanced would be almost similar for the purpose of disposal of the writ petitions, learned counsel for both the parties were asked to advance arguments in both the writ petitions for final disposal and after hearing arguments, the order was reserved in both the writ petitions.

2. The petitioner Mahendra Kumar has filed writ petition stating that he had applied for a retail outlet in pursuance of the application invited by respondent no.6 wherein ultimately a letter of appointment was issued for running a retail outlet in favour of respondent no.7 at Khasra No.251/2 & 251/3 at Village Rampura Thoi, Tehsil Srimadhopur, District Sikar. The petitioner-Mahendra Kumar has challenged the said appointment of retail outlet on the ground that the respondents no.4 & 5 have illegally relaxed the norms for establishment of retail outlet and have wrongfully issued NOC. It is submitted that the Committee established for grant of relaxation had denied relaxation keeping in mind the safety measures vide letter dated 05/04/2017 as the distance from intersection with rural road with carriage way width of 3.50 metres or more as per norms should be 300 meters whereas at proposed site it is 77 meters only and secondly that the intersection with rural road and other earth tracks with carriageway width less than 3.5 meters should be 100 meters as per the norms but at the proposed site, it is 75 meters only.

3. Learned counsel for the petitioner has relied on the letter dated 05/04/2017 for the said purpose and submitted that since the norms laid down by the Indian Road Congress were required to be followed, the relaxation granted was unjustified and would affect the safety of the local people. It is submitted that despite the letter sent by the Committee, the Executive Engineer, PWD, Neem-Ka-Thana, Sikar vide his letter dated 18/12/2017 recommended for relaxation of norms, although he could not have done so in view of an order passed by the superior authority.

4. It is further submitted that the PWD has also issued a circular/notification dated 27/12/2004 laying down the norms for the access for fuel stations, service stations and rest areas along State Highways/MDR's/ODR's. It is submitted that as per clause 6.1 of the said circular, the norms as pointed out herein above, were required to be followed. It is stated that on 24/04/2012, the Chief Engineer (Roads), PWD, Rajasthan, Jaipur had written a letter to all the concerned authorities not to forward any case for relaxation in the norms laid down by the Indian Road Congress. The petitioner had approached this Court earlier by filing SB Civil Writ Petition No.1835/2017 wherein this Court passed an order on 10/02/2017 observing that the petitioner is required to approach respondent no.2-District Collector, Sikar by filing representation who would examine whether the NOC has been wrongly granted in the light of the judgment cited before this Court and decide the same by passing speaking order within a period of one month from the date of its filing.

5. Reply to the writ petition has been filed by respondent no.7 as well as respondents No.1 to 5. The respondent no.7 has stated that the petitioner, in-spite of directions issued by the High Court did not make any representation in terms of the judgment passed by this Court earlier in the writ petition preferred by him and the District Collector thereafter, has examined the matter and passed an order on 16/10/2017 upholding the relaxation granted. Learned counsel for respondent no.7 further stated that the said order has not been challenged by the petitioner. It is further stated that before filing of this writ petition, another writ petition, bearing SB Civil Writ Petition No.10232/2018 was filed by one Jhabar Singh Jhaka