13.03.2025 SL No.1 Court No.24 Ali WPA 2924 of 2025 Prasanta Kumar Bhattacharya & Anr.

Versus Hindustan Petroleum Corporation Ltd. & Ors.

Mr. Somnath Ghoshal, Mr. Amar Krishna Saha, Mr. Satyajit Senapati, Mr. Dipanjan Karmakar, Mr. Rahul Nag, Ms. Smikta Singh ….for the petitioners.

Mr. Biswanath Chatterjee, Mr. S.K. Pathak ……for the respondent Nos. 1-4.

Petitioners running a Retail Outlet Dealership Petrol Pump situated at 5 km from Kalachara Post Office-Arambagh on SH-15, District-Hooghly, West Bengal under “OPEN”

Category.

The Petitioners challenged the action of the respondent authority (HPCL) regarding appointment of respondent No. 6 to open another Retail Outlet within the vicinity of the petitioner’s Outlet.

It is the contention of the petitioners that in terms of Notification dated 25^th September, 2003 issued by the Government of India, Ministry of Road Transport & Highways there should be a gap between two Petrol Pumps which would be

1000 M.

It is the contention of the learned counsel for the petitioners that at the time of giving licence in favour of respondent No. 6, HPCL has not considered the strict direction of the Notification and had issued the licence. Hence, he placed writ before this Court for quashing the said licence in favour of respondent No. 6.

Mr. Chatterjee, learned counsel appearing on behalf of the HPCL submits that the Notification dated 25^th September, 2003 has been substituted by new Notification of the Government of India, Ministry of Road Transport & Highways issued on

26^th June, 2020.

It is the specific case of HPCL that the instant Notification is only applicable over the National Highways. The Petrol Pump of the petitioners is situated over State Highways. So, the norms, particulars and restrictions mentioned in the Notification cannot be applicable in this case.

Mr. Chatterjee has placed the Notification dated 26^th June, 2020. I have perused the Notification. Appendix-I of the said Notification has described the “Norms for Location, Layout and Access to Fuel Stations along National Highways”.

The said Norms which are applicable to the National Highways is as follows:

“1.1. The term “Fuel Station” shall include Petroleum Retail Outlets, CNG/Gas Retail Outlets, Electrical Vehicle (EV) Charging Stations, bio fuel pumps, wayside amenities etc.

1.2. when the cross slope of the country is more than 25%, the terrain shall be classified as hilly or mountainous terrain. Where National Highway passes through a town of population of 20,000 and more (census 2011 will apply), the stretch shall be categorized as urban stretches.

2.1. Norms on existing Service Road/Slip road.

Irrespective of the terrain, no norm shall be applicable if the retail outlet is proposed on the existing service roads/slip road. However, permission for retail outlet proposed on the existing service roads/slip roads needs to be obtained from Highway Administration to regulate other requirements such as drainage facilities, plot size, drinking water, toilet facilities, signs, markings etc.

However, no access permission shall be granted for establishment of a retail outlet on the entry/exit ramp of serviced/slip road.

2.2. Location Norms on Rural stretches of National Highways.

Sr. No	Items	Norms applicable
1.	Acceleration/De	Need to construct

It appears from the Appendix-1 that the Norms of Rural stretches of National Highways mentioned about the distance between two “Fuel Station”. The entire Norms and Restrictions are in respect of National Highways. The petitioner has not placed any Notification to demonstrate that the restrictions which are applicable over the National Highways are also applicable over State Highways.

Learned counsel for petitioner fairly submits that there are no existing notifications of State Government regarding setting up Petrol Pump over State Highways.

Thus, the present petitioner who carrying the business over a State Highways cannot take the recourse of the Notification of Government of India dated 26^th June, 202

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