IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 9^TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945 WP(C) NO. 38763 OF 2023 PETITIONERS:

1 SMILA K.M.

AGED 50 YEARS W/O.ABDUL RAHIMAN, VALIYAVEETIL, CHERANALLORE P.O., ER COCHIN, PIN - 682034

2 SAYED MOHAMAD AGED 64 YEARS S/O.SEETHI, VALIYAVEETTIL HOUSE, CHERANALLORE P.O., COCHIN, PIN - 682034 BY ADVS.

P.SATHISAN DONA AUGUSTINE JAVED HAIDER ABHIRAM SUNISH BIJU P.PAUL SHIBU B.S RESPONDENTS:

1 UNION OF INDIA REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT &

HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI, PIN - 110001

2 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT &

HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI, PIN - 110001

3 PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE), DWARAKA SECTOR 10, SOUTH WEST DELHI P.O., NEW DELHI, PIN - 110075

4 CHAIRMAN NHAI, G-5 & 6, SECTOR-10, DWARAKA, SOUTH WEST DELHI P.O., NEW DELHI, PIN - 110075

5 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT- KOCHI, VII/511, NEYTHELI-

MAVELIPURAM ROAD, KAKKANAD P.O., ERNAKULAM, PIN – 682030

6 STATE OF KERALA REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN - 695001

7 SPECIAL DEPUTY COLLECTOR AND COMPETENT AUTHORITY LAND ACQUISITION,ATHANI,NORTHPARAVOOR P.O., ERNAKULAM, PIN - 683513

8 DISTRICT COLLECTOR ERNAKULAM, COLLECTORATE, KAKKANAD P.O., ERNAKULAM, PIN - 682030

9 HINDUSTAN PETROLEUM CORPORATION LTD REPRESENTED BY ITS CHIEF REGIONAL MANAGER, P.B NO 1601, ERNAKULAM NORTH P.O, ERNAKULAM, PIN - 682018

10 CHERANALLOOR GRAMA PANCHAYAT SOUTH CHITTOOR P.O., ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN - 682027 BY ADVS.

MANU S. DSG OF INDIA Gopikrishnan Nambiar M T.K.AJITHKUMAR (VALATH)

K.JOHN MATHAI(K/413/1984)

JOSON MANAVALAN(J-526)

KURYAN THOMAS(K/131/2003)

PAULOSE C. ABRAHAM(MAH/58/2006)

RAJA KANNAN(K/356/2008)

NAYANPALLY RAMOLA(K/687-F/2014)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners say that they are operating a Retail Fuel Outlet, under a Dealership Agreement with the 9^th 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 afore contentions and allegations of Sri.P.Sathisan – learned counsel for the petitioners, Sri.S.Manu – learned Central Government Counsel, made submissions relying upon a statement filed by him on behalf of his client, pointing out that it has been averred therein that the petitioners’ access to the Service Road will not be blocked in any manner; and that they will have such continued access on both sides. He asserted that the access permission granted to the petitioners was at a time when the present development of the National Highway had not commenced; and that, since the policy of the Highway Authority, in furtherance of safety requirements, is to restrict dir