C.W.P. No.16483 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.16483 of 2007 Date of Decision : 29.05.2009 Mr. Ashok Kumar and Another ...Petitioners Versus Union of India and Others ...Respondents CORAM:HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Manish Jain, Advocate, for the petitioners. Mr. Onkar Singh Batalvi, Advocate, for respondent No.1. Mr. S.C.Kapoor, Sr. Advocate, with Mr. Ashish Kapoor, Advocate, for respondent No.2. Mr. Sandeep Khunger, Advocate, for respondent No.3. Ms. Madhu Dayal, Addl. A.G., Punjab, for respondent Nos.4, 5, 6 & 7. Mr. C.M.Sharma, Advocate, for respondent No.9. Mr. G.S.Bajwa, Advocate, for respondent No.10. HEMANT GUPTA, J. The petitioners have invoked the writ jurisdiction of this Court in public interest, challenging the allotment of site for a petrol pump to respondent No.10 at Lahori Gate to Nawan Kot Road in Amritsar city. It is averred that Indian Oil Corporation advertized various petrol pump sites in May 2005. In the said advertisement, respondent C.W.P. No.16483 of 2007 2 No.10 was found to be suitable candidate for installation of petrol pump at Lahori Gate to Nawan Kot Road in Amritsar city. It is alleged that respondent No.10 has misrepresented and mis-stated facts in order to obtain dealership of petrol pump in his favour. The site plan submitted by him, has been altered so as to facilitate allotment of the site. The site is located at a 'T'-point, but the plan submitted reflects otherwise. It is alleged that the petrol pump is proving to be major traffic hazard, since it is located at a junction and the ingress and egress of vehicles from the said pump would result in adding to the traffic at junction. It is also pointed out that temples are in the vicinity of the site, which will also prove to be hazardous to the public. It is alleged that pump has been installed in total violation of guidelines issued by Indian Road Congress (IRC), which contemplates that there should be buffer-strip of at least 12 meters long and 3 meters wide between each and every petrol pump. Such buffer-strip is not available to the pump installed by respondent No.10. Infact the buffer-strip is being utilized by the said respondent for underground storage tank for fuel, which is hazardous. It is also averred that the frontage shown by respondent No.10 is incorrect and that respondent No.7 has failed to ascertain the factual position, while granting permission to respondent No.10. Petitioners claim that new petrol pump installed in contravention of the guidelines, infringes the right of proper life of the petitioners and other inhabitants residing and working in the area. It is also pointed out that major traffic jam occurs on road whenever a petrol tanker comes to the pump in order to refill the underground fuel tank as there is no room for parking the tanker inside C.W.P. No.16483 of 2007 3 the pump. Though in the petition, grievance was made in respect of No Objection Certificate granted to respondent No.10 for installation of a petrol pump on the ground that the land is the defence land, therefore, the permission to install petrol pump on the defence land could not be granted to respondent No.10. However, the said plea was not pressed during the course of arguments, in view of the copies of the jamabandi (Annexures R-10/1 and R-10/2) and communications dated 19.1.2000 and 4.8.2006 (Annexure R-10/3 and R-10/4) by the Defence Estate Officer to Station Headquarters, Amritsar Cantt and to Indian Oil Corporation Limited (MD), Pipelines Terminal, Suchipind, Jalandhar, respectively. It is apparent from the said documents, that the said land is not defence land. Learned counsel for the petitioners has argued that installation of the petrol pump on a busy road and on a 'T'-point, is a major traffic hazard and it would cause nuisance to the commuters and the inhabitants. The location of the pump and the number of vehicles approaching the pump will endanger the life and liberty of the inhabitants of the area. It is also argued that Mr. Manjit Singh, Deputy Superintendent of Police, Police Station Sadar, Amritsar, in his affidavit dated 16.1.2008 has admitted para No.8 to be correct, which is to the effect that the petrol pump is proving to be a major traffic hazard. In view of the said fact the permission granted to respondent No.10 for installation of the petrol pump needs to be withdrawn. Learned counsel for respondent No.10 argued that the said C.W.P. No.16483 of 2007 4 affidavit is not correct as the petrol pump was allotted in his favour after obtaining proper certificates of clearance from all Statutory Authorities prescribed including from the Traffic Police. On 4.5.2009 when the writ petition came up for hearing, Ms. Madhu Dayal, learned Addl. Advocate General, Punjab, stated that the Senior Superintendent of Police, Amritsar has instructed her to state that there is no traffic hazard being faced by the commuters on account of the existence of petrol pump, which has been commissioned in the year 2006. In view of the obvious conflict between the certificates issued by the Traffic Authoities and the averments made in para No.8 of the reply filed, she sought some time to file an affidavit of Senior Superintendent of Police, Amritsar, within two weeks. An affidavit dated 21.5.2009 on behalf of Mr. Kunwar Vijay Pratap Singh, IPS, Senior Superintendent of Police, Amritsar City, has been filed. It has been stated that he has personally visited the petrol pump site and also got report from the Deputy Superintendent of Police, Traffic, Amritsar. He has stated that petrol pump of respondent No.10 is locatted on 33 feet wide road, leading to Lahori Gate to Nawan Kot, Islamabad link road and only light vehicles ply on this road and traffic of heavy vehicles is very rare. He has also averred that no inconvenience came to the notice regarding installation of petrol pump and that there is no complaint ever received regarding traffic problem from anybody except the petitioners. He has stated that neither any accident is reported there nor any traffic problem came to the notice of the respondents. In view of the above, the sole apprehension of the petitioners C.W.P. No.16483 of 2007 5 that installation of petrol pump at Lahori Gate to Nawan Kot Road in Amritsar city, is a traffic hazard is misconceived. The Police has not noticed any traffic problem nor there is any traffic complaint except from the petitioners. The stand in the affidavit of Senior Superintendent of Police, Amritsar, that only light vehicles ply on the said road is supported by the stand of the respondents in the written statement that the petrol pump site qualifies for two/three wheelers guidelines. Thus, we do not find that the installation of petrol pump at the site in question, is any traffic hazard or has been installed in violation of any of the guidelines, which may warrant interference in the writ jurisdiction of this Court. However, the Administration is directed to take steps for regulating traffic in the area so as not to cause any inconvenience to the commuters and inhabitants of the area. With the said direction, the writ petition stands disposed of. (T.S.THAKUR) (HEMANT GUPTA) CHIEF JUSTICE JUDGE 29.5.2009 Vimal