IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 6910 of 2024 Decided on: 12.05.2026 Lalit Pathak …..Petitioner Versus Deputy Commissioner Mandi and others ..Respondents -------------------------------------------------------------------------

Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?

For the Petitioner: Mr. S unil Mohan Goel, Senior Atdvocate with Mr. Abhinav Mohan Goel, Advocate.

For the Respondents: Ms. Seema Sharma, Deputy Advocate General for respondents No. 1 to 4.

C Ms. Salochna Rana, Advocate, for respondents No. 5 & 6.

Mr. Narender Guleria, Advocate, for respondent No.7.

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Jyotsna Rewal Dua, Judge Petitioner has questioned the No Objection Certificate (NOC) dated 24.06.2024 issued by the respondent- Public Works Department in favour of respondent No.7 for setting up and running a petroleum retail outlet over the land comprised in Khata Nos. 62 & 69, Khatauni Nos. 73 & 66 and Khasra No. 317/1 Major District Road 76 Shimla-Mandi (via Tatapani) at Village and Post Office, Baggi, Tehsil Balh, District Mandi, H.P. In

Whether reporters of print and electronic media may be allowed to see the order? Yes.

essence, the petitioner seeks to assail the setting up of new retail outlet of respondent No.7 over the land in question.

2. Heard learned co( 2026:HHC:15988 )unsel for the parties and considered the case file. H

3. The case

3(i). No Objection Certificate was granted by respondents No. 3 & 4- State Public Works Department in favour of respondent No.7 on 13.04.2023 for installing a new petroleum outlet over the above described land. Feeling aggrieved by the issuance of NOC, petitioner instituted Civil Writ Petition No.2578/2023 primarily on the grounds that gradient on the spot in question was more thahn 05% i.e. maximum limit set down in the guidelines gissued by Ministry of Road, Transport & Highways & Indian Roads Congress and also breached distance para-meters vis-a-vis residential houses in terms of norms fixed by the Central Pollution Control Board/ Indian Roads Congress guidelines. During pendency of the aforesaid writ petition, the respondent- Public Works Department issued a corrigendum on 19.06.2023 withdrawing its previously issued NOC dated 13.04.2023 in favour of respondent No.7. The corrigendum stated that as up-gradation work of the road portion in question i.e. Chail Chowk to Baggi was in progress, there was scope for improvement of road from single lane to intermediate lane which might in turn improve curves as also grades and therefore, keeping in view the scope of up-gradation of the road, NOC issued by the Public Works DHepartment to respondent No.7 though was issued but the final gradient and curve sharpness report/ NOC would be issued only on completion of the up-gradation work of the road.

Based upon the aforesaid corrigendum, the petitioner withdrew CWP No.2578/2023 on 09.10.2023.

3(ii). It appears from the record that road was thereafter upgraded. After up-gradation of road, the final gradient of the spot where the retail outlet was to be inshtalled was ascertained as 4.72% i.e. below 5%. Finding gthe gradient within prescribed parameters, the respondent-Public Works Department issued NOC in favour of respondent No.7 for setting up petroleum retail outlet on 24.06.2024.

Feeling aggrieved, petitioner has preferred this writ petition. During hearing of the case, it was apprised that pursuant to the NOC so issued, respondent No.7 has since installed the retail outlet and is running the same.

4. Learned Senior Counsel for the petitioner could not dispute that after up-gradation of road in question, the gradient where the retail outlet was to be set up, was ascertained at 4.72% i.e. well within the permissible norms as per Indian Roads Congress guidelines pressed into service by the petitioner. Regarding the second issue raised by the petitioner i.e. distance betwHeen the retail outlet and the residential houses being a