High Court of KeralaWP(C)/33983/2010disposed of

Sajay Joseph & Another v. The Government Of India & Others

2015-11-034 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 WP(C).No. 33983 of 2010 (W) ---------------------------- PETITIONER(S):

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1. SAJAY JOSEPH, EDAMATTOM, KAMVANCHAL KANNUR-670571.

2. JOSE JAMES, PUTHENPARA, VAYATTU PARAMBA, KANNUR-670 582.

BY ADVS.SRI.V.C.JAMES SRI.M.A.FIROZ SRI.RAJU K.MATHEWS RESPONDENT(S):

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1. THE GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING ROAD TRANSPORT OF HIGHWAYS, DEPARTMENT OF ROAD TRANSPORT & HIGHWAYS, NEW DELHI - 110750

2. THE CHAIRMAN, NATIONAL HIGHWAYS AUTHORITY OF INDIA, (MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS), G-5&6, SECTOR-10 DWARAKA, NEW DELHI-110750.

3. THE CHIEF GENERAL MANAGER (T), NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, KARNATAKA AND KERALA REGION, NO.1573, 'B' BLOCK BEHIND ELECTRIC SUB STATION, SAHAKARANA NAGAR BANGALORE-560092.

4. THE TERRITORY MANAGER (RETAIL), M/S.BHARAT PETROLEUM CORPORATION LIMITED, 3RD FLOOR CEEKAY TOWERS, VANDIPETTA, KANNUR ROAD NADAKKAVU WEST, CALICUT-673011.

R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R4 BY ADV. SRI.E.K.NANDAKUMAR R4 BY ADV. SRI.A.K.JAYASANKAR NAMBIAR R4 BY ADV. SRI.K.JOHN MATHAI R4 BY ADV. SRI.P.BENNY THOMAS R4 BY ADV. SRI.P.GOPINATH R3 BY ADV. SRI.THOMAS ANTONY R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.33983/2010 APPENDIX PETITIONERS' EXHIBITS:

P1:

COPY OF LETTER OF INTENT DATED 08.12.2009 OF M/S.BPCL P2:

COPY OF COVERING LETTER DATED 19.02.2006 OF THE BPCL SUBMITTED TO THE EXECUTIVE ENGINEER P3:

COPY OF COMMUNICATION DATED 09.05.2008 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT P4:

COPY OF REMINDER TO THE 2ND RESPONDENT BY THE GOVERNMENT OF INDIA ON 28.05.2008 P5:

COPY OF COMMUNICATION DATED 04.06.2008 SENT BY THE 2ND RESPONDENT TO THE PROJECT DIRECTOR, PIU P6:

COPY OF COMMUNICATION NO.NHAI/PD/PALAKKAD/NH17/KL/PO/KM 139.500 (RHS)/2008/2151 DATED 19.12.2009 P7:

COPY OF REQUEST DATED 27.10.2009 SENT BY THE 4TH RESPONDENT TO THE PROJECT DIRECTOR P8:

COPY OF COMMUNICATION DATED 28.10.2009 SENT BY THE PROJECT DIRECTOR P9:

COPY OF INTERIM ORDER DATED 17.12.2009 IN WPC NO.36530/2009 P10:

COPY OF COMMUNICATION DATED 23.12.2009 ADDRESSED TO THE DIRECTOR GENERAL, MINISTRY OF ROAD TRANSPORT & HIGHWAYS BY THE NATIONAL HIGHWAYS AUTHORITY OF INDIA P11:

COPY OF NORMS OF THE ACCESS FOR FUEL STATIONS, ISSUED BY THE MINISTRY ON 25.09.2003 P12:

COPY OF ORDER DATED 15.01.2010 IN IA NO.524/2010 IN WPC NO.36530/2009 P13:

COPY OF THE STATEMENT FILED ON 25.02.2010 IN WPC NO.36530/20010 P14:

COPY OF ORDER DATED 09.03.2010 IN WPC NO.36530/2009 (I) P15:

COPY OF JUDGMENT DATED 14.06.2010 IN WPC NO.36530/2009 P16:

COPY OF COMMUNICATION ADDRESSED TO THE REGIONAL OFFICER DATED 17.08.2010 P17:

COPY OF THE NOTIFICATION NO.SO 2060E DATED 14.08.2014 PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY NO.1615 PART IISECTION 3 SUBSECTION (II) DATED 14.08.2014 RESPONDENTS' EXHIBITS:

R1(A): COPY OF THE LETTER DATED 06.03.2010 //TRUE COPY// P.A. TO JUDGE JV

ANU SIVARAMAN, J.

------------------------------- W.P.(C) No.33983 of 2010 ---------------------------------------------- Dated this the 3rd day of November, 2015

JUDGMENT

The challenge in this writ petition was directed against Ext.P16 communication issued by the 3rd respondent rejecting the proposal for access to the proposed retail outlet of the petitioner from National Highway-17. The approval was rejected by Ext.P16 since the National Highway Authority of India had stated that the location of the proposed retail outlet is lying within 1000m from the proposed toll plaza and is not in compliance with the Ministry's guidelines.

2. The petitioner has now produced Ext.P17 notification dated 14.08.2014 by which the entry regarding the widening of the proposed highway has been denotified. In the above circumstances, it is submitted by the learned counsel for the petitioner that the very basis on which Ext.P16 rejection was rendered has been taken away and therefore, Ext.P16 cannot survive.

3. Heard the learned counsel for the petitioner, the learned

W.P.(C) No.33983/2010 Central Government Standing Counsel appearing for the 1st respondent and also the learned counsel appearing for respondents 3 and 4.

Since by Ext.P17, the proposed widening project of the National Highway has been denotified, Ext.P16 cannot survive. Ext.P16 is therefore set aside. Further steps in the matter shall be taken by the respondents in accordance with law. The Writ Petition is disposed of as above.

SD/- ANU SIVARAMAN, JV JUDGE