High Court of DelhiW.P.(C)/19365/2025

Satbir Rana v. National Highways Authority Of India & ORS.

2025-12-22Hon'Ble Mr. Justice Sachin Datta3 pages

Mr. Gyanendra Kumar, Sr. Adv., Mr.

Kunwar Udai Bhan Singh Sehrawat, Ms. Rajul Jain, and Ms. Rhea Verma, Advs.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS.

.....Respondents Through:

Mr. Sanjay Poddar, Sr. Adv., Mr.

Shivam Goel, Mr. Anil Kumar Goyal, Ms. Ramya S. Goel, Ms. Sanya Sharma, Advs. along with Mr. Dhruv Gupta, Manager, Techinal, NHAI for R-1 and 2.

Ms. Mala Narayan, Mr. Shashwat Goel and Ms. Anjali Dhingra, Advs.

for R-3.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 22.12.2025

O R D E R

The petitioner is stated to be one of the owners of land comprised in Khasra No.271, Village MalikpurKohi, Rangpur, New Delhi on which he has been running a petrol pump under the name and style of "Satbir Filling Station" since 1994. The said petrol pump abuts NH-8 (now NH 48) at Km 20+600 RHS Delhi Jaipur Road.

The present petition assails a communication dated 28.11.2025, issued by respondent no.2/ Project Director, Project Implementation Unit, NHAI, under Section 29(3) & 29(4) of the Control of National Highway (Land & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Traffic) Act, 2002 whereby the petitioner's application dated 24.02.2024 seeking renewal of license for access / permission has been rejected and the petitioner's access has been declared "unauthorized". 3.

Learned senior counsel for the petitioner submits that the petitioner has been operating the petrol station since 1994 on his private land, viz. Khasra No.271/1and 271/2/2.It is further submitted that pursuant to the construction of the Delhi-Gurgaon Expressway, the petitioner entered into a dealership agreement dated 18.11.2009 with respondent no.3, for a period of 15 years.

It is contended that the impugned order is wholly arbitrary and does not take into account the relevant circumstances, and the extant legal position in terms of which the petitioner has a vested right to renewal of permission granted in 2009.

It is conceded by respective counsel that the impugned communication dated 28.11.2025 is appealable under Section 14 of the Control of National Highway (Land & Traffic) Act, 2002. In the circumstances, the petitioner is relegated to pursue the prescribed appellate remedy.

Considering the peculiar hardships emphasized by the petitioner and taking note of the fact that the petrol pump has been functional since 1994, it is directed that respondent no.1 shall not take any precipitative steps against the petitioner for a period of 15 days from today, so as to enable the petitioner to approach the concerned appellate forum for appropriate orders. 7.

It is made clear that the aforesaid interim protection has been granted solely on the basis of balance of convenience and upon the undertaking of the petitioner that it shall ensure that no vehicles visiting the petrol pump The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

remain parked or lined up on the national highway. In case there is any breach of such undertaking, the above interim order shall cease to operate. 8.

The petition is disposed of in the above terms. 9.

Needless to say, this order shall not be construed as an expression of opinion of this Court on the merits of the controversy. All rights and contentions of the parties are left open.

SACHIN DATTA, J DECEMBER 22, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.