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2024 Supreme(Online)(KER) 13941

HIGH COURT OF KERALA
Devan Ramachandran, J
SMILA K M – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

The petitioners say that they are operating a Retail Fuel Outlet, under a Dealership Agreement with the 9th respondent – Hindustan Petroleum Corporation Limited (HPCL), and that they are enjoying access permission from the National Highway Authority of India (NHAI), thus enabling their customers to access the highway from their outlet.

2. The petitioners point out that, as per the relevant Guidelines governing such permission, they are mandatorily required to be granted access to the Highway at least within a distance of 70 metres, from the edge of the paved shoulder taken up to the edge of the Right of Way; and at least at a distance of 100 metres from the edge of the Fuel Station on the exit side, for acceleration from the service road to the Highway. They allege that, however, on account of the construction now being carried on by the NHAI, this access permission is being completely violated; and that they and their customers are being denied access to the National Highway for several kilometers. They, therefore, pray that the NHAI be directed not to block the present entry and exit for vehicles of their customers, to and from their fuel station.

3. In response to the afor

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