IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10313 of 2007 Date of Decision: 25.11.2008 Avtar Singh and another Petitioners Versus Union of India and others Respondents CORAM:- HON'BLE MR. JUSTICE T.S.THAKUR, CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.M.S.Rattu, Advocate for the petitioners Mr.Chander Mohan Sharma, Advocate for respondents No.1 and 10 Mr.Raman Sharma, Advocate for respondent No.2 Mr.J.S.Sidhu, Advocate for respondent No.3 Mr.K.V.Aggarwal, Advocate for respondent No.9 Mr. Amol Rattan Singh, Addl. A.G. Punjab for respondents No.4 to 6 Mr.Onkar Singh Batalvi, Advocate for UOI ….. T.S.Thakur, C.J. (Oral) This petition calls in question a letter of intent issued by Bharat Petroleum Corporation Limited for setting up of a retail outlet at National Highway No.95 in Moga city at a site identified in the site plan enclosed to the petition. The grievance made by the petitioners is that the proposed setting up of the retail outlet at the site in question is fraught with grave danger to human life on account of the existence of an electric sub-station Civil Writ Petition No.10313 of 2007 which the petitioners describe as a power house at a distance of only 25 feet. That apart the issue of a letter of intent for setting up of a petrol pump at the said location is according to the petitioners contrary to the norms laid down for opening of a retail outlet for petroleum and petroleum products. No inspection of the site is alleged to have been conducted before the issue of the no objection certificate nor has the dense population of the locality been kept in view by the authorities concerned, while taking a decision in the matter. This according to the petitioners makes out a case for the interference of this Court in public interest. On 16.9.2008, when this matter came up before us for hearing, this Court felt that there were contradictory versions as regards the distance between the electric sub-station and the proposed retail outlet. According to the petitioners the said distance was not more than 25 feet whereas according to respondent No.2 Corporation, the distance between the electric sub-station and the petrol pump was more than 85 meters. As per the version of respondent No.3 Punjab State Electricity Board, the distance between the electric sub-station and the proposed retail outlet, was not less than 130 meters. Keeping in view these conflicting versions to the actual distance between petrol pump and the electric sub-station, this Court felt that the conflict could be resolved by appointing a Local Commissioner, who could visit the spot and indicate the exact distance after taking measurements. The Chief Judicial Magistrate, Moga was accordingly appointed as a Local Commissioner and directed to visit the spot, verify the actual distance between the electric sub-station and the petrol pump and submit a detailed report on the subject with the assistance of an Architect/ Draftsman, who could be asked to prepare a proper site plan based on actual measurements. The Local Commissioner was also given liberty to associate 2 Civil Writ Petition No.10313 of 2007 the representatives of the Electricity Board and Bharat Petroleum Corporation Limited. The Local Commissioner has accordingly submitted a report and enclosed a detailed site plan with the same based on actual measurements taken on the spot. From a bare glance at the site plan, it is evident that the proposed site for the retail outlet is situate on the Moga G.T. road and is located at a distance of 295 feet from the outer edge of the electric sub-station. What is significant is that between the electric sub- station and the proposed outlet, there is a building, in which the Punjab State Electricity Board has established its office. In addition there are two motor workshops between the sub-station and the retail outlet. The distance between the outer edge of the second workshop and the proposed petrol pump is reported to be around 30 feet. The electric sub-station is situate on the main road with a set-back of 43 feet from the road. Having heard counsel for the parties and having considered the distance shown in the site plan prepared by the Local Commissioner, we are of the view that the apprehensions expressed by the petitioners, about any mishap taking place on account of sparking in the sub-station, are very remote if not totally imaginary. The authorities concerned appear to have selected the site for the retail outlet after applying their mind and keeping all relevant considerations in view. The Bharat Petroleum Corporation Limited and the Electricity Board have filed separate counter affidavits, in which also they have supported the issue of the letter of intent and refuted the allegations that the selection of the site is contrary to the norms or in disregard of the concern for human lives. Even otherwise the existence of an office building and other establishments like workshops between the sub- station and the proposed retail outlet sufficiently separate the establishments from the each other to avoid any possibility of a mishap. The real intention 3 Civil Writ Petition No.10313 of 2007 behind filing of the present writ petition, therefore, appears to be nothing but business rivalry between the owners of two earlier petrol pumps, one of which is at the distance of 260 meters and other is at a distance of 900 meters from the retail site selected by the Corporation. What is important is that according to the affidavit filed by respondent No.2 Bharat Petroleum Corporation Limited, petitioner No.1 Shri Avtar Singh is the cousin of Shri Gurmeet Singh, owner of M/s Gurmeet Filling Station whereas petitioner No.2 Shri Ved Parkash is the salesman working at the other petrol pump M/s Hira Filling Station. The apprehensions expressed by these two petitioners about any mishap endangering their lives also appear to be farfetched having regard to the fact that their houses are stated to be approximately 1 – ½ km from the site in question. In the totality of the circumstances, therefore, we are of the view that the present writ petition has been filed not because there was real public interest involved in the subject matter but because of the apprehension that the setting up of a 3rd outlet in the area is likely to reduce the business of other two petrol pump owners. We are afraid the process of this Court cannot be abused by a petitioner for such oblique motives. That apart the allegation made in the writ petition that the petrol pump site in question is just about 25 feet from the electric sub-station is clearly false as is established by the report submitted by the Local Commissioner. In the ordinary course, we would have directed prosecution of the petitioners for perjury but keeping in view the fact that they are simply name lenders set up to file a case to serve the interest of some one else, we would remain content by imposing exemplary costs upon them. We accordingly dismiss this writ petition with costs of Rs.15,000/-. The costs shall be deposited in the Punjab and Haryana High 4 Civil Writ Petition No.10313 of 2007 Court Legal Services Committee within four weeks, failing which steps be taken for effecting recovery of the amount from the petitioners. (T.S.THAKUR) CHIEF JUSTICE 25.11.2008 (JASBIR SINGH) gk JUDGE 5