JUDGMENT

Arun Monga, J. - Short controversy requiring adjudication herein is whether a preexisting petrol pump commissioned in the year 1999, way prior to the enactment of National Highways Act, 2002 (for short, the 'Act') can retrospectively be inflicted with a penalty of Rs. 25,00,000/- for not seeking prior approval under the Act, ibid, from the Ministry concerned?

2. Appellant-Bharat Petroleum Corporation Limited (for brevity, BPCL) is aggrieved by the judgment rendered by learned Single Judge dated 28.08.2018 whereby the aforesaid penalty imposed vide impugned order dated 19.04.2016 has been upheld. Learned Single Judge relied on guidelines dated 24.07.2013 issued by the Ministry concerned and also observed that BPCL being merely a lease-holder of the land in question, is not the owner of the petrol pump and, therefore, writ petition filed by petitioner/appellant herein deserved to be dismissed. For ready reference, relevant extract of learned Single Judge order is reproduced herein below:-

"The petitioner not being the owner of the land and only a lease holder had been running the retail outlet without taking NOC from the Ministry wherein it was mandated for all the existing f