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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-1030-2022 (O&M)

Date of decision : 08.04.2022

Vijay Kumar

.....Petitioner

versus

District Jail through Superintendent Jail & Others

.....Respondents

CORAM : HON’BLE MRS. JUSTICE ALKA SARIN

Present :

Mr. G. S. Punia, Senior Advocate with

Mr. Amitoj Singh, Advocate for the petitioner.

Ms. Parul Khanna, AAG Punjab for respondent Nos.1 to 4

Mr. Ashish Kapoor, Advocate for respondent No.5

ALKA SARIN, J.

Heard in physical mode.

The present petition has been filed under Article 227 of the

Constitution of India challenging the orders dated 22.02.2022 and

11.03.2022 passed by the Trial Court and the lower Appellate Court,

respectively, dismissing the application filed by the plaintiff-petitioner under

Order 39 Rules 1 and 2 CPC read with Section 151 CPC.

Brief facts relevant to the present lis are that in January 2022

the plaintiff-petitioner filed a suit for permanent injunction for restraining

the defendant-respondents from installing a petrol pump at a site measuring

30 meters x 30 meters in Khasra No.1415/1 Khewat No.1401/1397 min

Khatauni No.1654 in the revenue estate of Premgarh on the Hoshiarpur-

YOGESH SHARMA

2022.04.08 17:21

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

Chandigarh Road, Tehsil and District Hoshiarpur. The suit was also for

mandatory injunction directing the defendant-respondent No.4 to withdraw

the NOC issued for installation of the petrol pump. According to the

plaintiff-petitioner the site for the petrol pump was in violation of the norms

issued by the Indian Roads Congress vide IRC:16-2016 specifically Rule

3.5.2. It was averred that the site was within an urban area having a

population of over one lakh and was 64 meters from the intersection with a

13 meter wide road and as per the Rule 3.5.2 a petrol pump could not be

installed within 100 meters of such an intersection. The plaintiff-petitioner

also averred that the site also violated the norms notified on 24.01.2019 by

the Government of Punjab. Along with the plaint an application under Order

39 Rules 1 and 2 CPC read with Section 151 CPC was also filed.

The defendant-respondent Nos.1 to 4 and defendant-respondent

No.5 filed separate written statements and contested the suit. Replies were

also filed to the application under Order 39 Rules 1 and 2 CPC read with

Section 151 CPC. It was averred by defendant-respondent Nos.1 to 4 that the

plaintiff-petitioner was also running a Hindustan Petroleum petrol pump

opposite to the Central Jail, Hoshiarpur and that the suit had been filed only

to harass the defendant-respondents. It was further stated that the petrol

pump was being installed for the rehabilitation and motivation of the

prisoners confined in Central Jail, Hoshiarpur. Regarding the infringement

of the norms laid down by the Indian Roads Congress and the Government

of Punjab, it was submitted by defendant-respondent Nos.1 to 4 that the

plaintiff-petitioner “is misinterpreting the settled provisions and rules in

order to harass the answering defendants. There is no infringement of any

rules as alleged by the plaintiff”. It was further stated that all the work for

YOGESH SHARMA

2022.04.08 17:21

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

installation of the petrol pump has been carried out as per guidelines and

rules framed by the Government. Defendant-respondent No.5 filed a written

statement on similar lines raising an additional plea that the road whose

intersection the plaintiff-petitioner had raised a hue and cry about was not 13

meters wide but was about 15 to 18 feet wide only.

The plaintiff-petitioner filed replications to the written

statements filed by defendant-respondent Nos.1 to 4 and defendant-

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