High Court of Punjab and HaryanaCWP/23909/2015dismissed

Rajwinder Singh v. National Highwarys Authority & ORS

2017-11-16Mr. Justice R.P. Nagrath2 pages

CWP No.23909 of 2015 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CWP No.23909 of 2015 Date of Order: 16.11.2017 Rajwinder Singh ....Petitioner

Versus

National Highway Authority and Ors.

....Respondents

CORAM:

HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:

Mr. Karan Nehra, Advocate for the petitioner. Ms. Sunint Kaur, AAG, Punjab.

Dr. Puneet Sekhon, Advocate for respondent No.1. Mr. Ashish Kapoor, Advocate for respondent No.3. Mr. P.K. Goklaney, Advocate for respondent No.5. RAKESH KUMAR JAIN, J (ORAL) This petition is filed for seeking a direction to decide the objections raised by the petitioner against the installation of the Retail Outlet/Fuel Station on NH-95 by respondent No.3 in favour of respondent No.5.

Learned counsel for the respondents has raised a preliminary objection about the locus standi of the petitioner to maintain this petition because the petitioner is not the resident of the area where the fuel station has been set up. It is also submitted that during the pendency of this petition, fuel station has started functioning dehors the issue involved as to whether the distance of intersection from the proposed site should be 1000 meters or 300 meters as in the case of a fuel station set up along with

CWP No.23909 of 2015 #2# National Highway/State Highway the distance of intersection even from the Major District Road should be minimum 1000 meters whereas if it is to be set up on the rural roads then the distance has to be 300 meters. The petitioner does not have locus standi to maintain this petition because he is not directly affected as he is a resident of Ward No.10, Samrala whereas the pump has been set up at Ludhiana Neelo road in village Katani, therefore, I am of the considered opinion that the petitioner has no locus standi to maintain this petition and therefore this petition is dismissed only on this ground.

November 16, 2017 (RAKESH KUMAR JAIN ) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No