Kiran Bala v. Nhai And ORS.

CWP-22791-2023 (O&M) -12023:PHHC:156334

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-22791-2023 (O&M) Date of Decision : 07.12.2023 Kiran Bala ......... Petitioner

Versus

NHAI and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Sanjiv Kumar Aggarwal, Advocate and Mr. Ojas Bansal, Advocate for the petitioner.

Mr. Dharamvir Singh, Advocate for Mr. Vikas Chatrath, Advocate for respondents No.1 and 2-NHAI.

Mr. Raman Sharma, Addl.A.G., Haryana.

Mr. Ashish Kapoor, Advocate for respondents No.4 and 5.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of communication dated 06.09.2023 (Annexure P-10) whereby PWD B&R Branch has asked IOCL to de-energize his petrol station.

2.

Learned counsel for NHAI submits that road in question is national highway, however, its management has been handed over to State Government so it is State Government which has to decide fate of the petrol pump in question.

3.

Learned counsel for the respondent-IOCL submits that they vide communication dated 25.09.2023 and 26.09.2023, they have requested PARAMJIT KAUR SAINI 2023.12.08 18:20 I attest to the accuracy and integrity of this document Chandigarh

CWP-22791-2023 (O&M) -22023:PHHC:156334 the Executive Engineer, National Highway Division, PWD B&R Branch, Bhiwani to grant NOC with respect to petrol pump in question. 4.

Learned State counsel submits that there is no adequate ROW is not available, thus, it is not possible either for the petitioner or IOCL or State Government to construct acceleration and de-acceleration lane, nevertheless, the representation of the IOCL would be considered and an appropriate order shall be passed within 06 months from today. 5.

In the wake of statement of learned State counsel, the petition stands disposed of. The competent authority while deciding representation would consider para 2.9 of instructions dated 26.09.2020 issued by MoRTH.

6.

Till the passing of order by competent authority, no coercive step shall be taken against the petitioner.

( JAGMOHAN BANSAL ) 07.12.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARAMJIT KAUR SAINI 2023.12.08 18:20 I attest to the accuracy and integrity of this document Chandigarh