Provisional access permissions for fuel stations may not violate distance norms if alternate access through service roads is provided.

For Petitioner : Mr.V.Chandraprabu For Respondent-1 : Mr.Dr.D.Simon, CGSC For Respondent : Ms.S.Anitha, SGP Nos.2, 3 & 5 to 9 For Respondent-4 : Mr.M.Vijayan for M/s.King & Patridge For Respondent-10 : Mr.T.Shanmugam O R D E R Challenging the provisional access permission granted to the tenth respondent by the third respondent on 21.04.2023 in F.No.RO/Chennai/MoRTH/12017/NH-234/ROL/23/2021-22, the present Writ Petition has been filed. Further, the petitioner seeks a direction, forbearing the respondents herein from granting any permission / NOC for setting up a New Fuel Station by the tenth respondent in the land situated in Village Survey No.45/1, Naidu Mangalam Village, Thiruvannamalai Taluk and District as the same is in violation of the Guidelines / Norms issued by the Ministry of Road Transport & Highways, Government of India in No.RW/NH-33032/01/2017 dated 26.06.2020.

2. Heard the learned counsels for the parties.

3. The germane facts which leads to the filing of the present Petition is as follows:

3.1. The petitioner is running a retail Fuel Station outlet of Indian Oil Corporation Limited from 124/176 km to 124/226 km on the right hand side of NH-234 in Survey No.20/5, 20/6 of Naidu Mangalam Village, Tiruvannamalai District. The tenth respondent herein is in the process of setting up of a similar Fuel Station on the right opposite to the petitioner's existing Fuel Station on the left hand side of NH 234, in a property comprised in Survey No.45/1, Naidu Mangalam Village, Tiruvannamalai. The Ministry of Road Transport and Highways, Government of India has issued a notification in No.RW/NH-33023/01/2017, dated 26.06.2020, wherein it has been clearly that the distance between two fuel station should be minimum of 300 metres. However, the respondents herein without following the aforesaid guideline are processing the application of the tenth respondent, who is planning to set up the fourth respondent's fuel station opposite to the petitioner's petrol bunk. Opposing the said action of the respondents, the petitioner had earlier filed a petition in W.P.No.687 of 2021, wherein this Court vide an order dated 21.01.2022, had issued a direction to the first respondent to conduct an enquiry into the objections raised by the petitioner herein, within 12 weeks from the date of the said order. Pursuant to the said order, the second respondent had conducted an enquiry on 01.04.2022 in which the petitioner had objected the grant of permission for the proposed new fuel station on the ground that it is only 10 metres distance from the existing petitioner's petrol bunk which is against the norms dated 26.06.2020. However, no order has been passed by the second respondent after such enquiry. But on 21.04.2023, the third respondent had granted provisional access permission for constructing culvery and approach road for the new retail outlet which is against their own norms.

4. Aggrieved by the same, the petitioner has approached this Court by way of filing the present Writ Petition.

5. The learned counsel for the petitioner submitted that as per the Guidelines / Norms issued by the Ministry of Road Transport and Highways, Government of India dated 26.06.2020, the distance between two fuel stations as per clause 2.2 for undivided carriage way is 300m and for divided carriage way is 1000m. However, the respondents without following the same had issued the impugned order / access permission certificate in favour of the tenth respondent to set up a new fuel station whi