IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 1242 of 2011 (O&M) Date of Decision: 27.07.2011 Sukhdev Singh Randhawa ..Appellant Versus Hindustan Petroleum Corporation Ltd. and others ..Respondents. CORAM: HON'BLE MR. JUSTICE M.M.KUMAR, HON'BLE MR. JUSTICE GURDEV SINGH, Present : Mr. Onkar Singh Batalvi, Advocate, for the appellant. 1. Whether to be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest? **** M.M.KUMAR, .J. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 04.05.2011 rendered by the learned Single Judge holding that the respondents have rightly awarded zero marks in respect of the suitability of the site for allotment of a Petrol Pump under the Highway Category. According to the stand taken by the respondents, the appellant failed to secure minimum qualifying marks of 60%. It has further been pointed out that there is a 5 meter wide metaled road within 31.90 meters of the boundary of the land which was offered by the appellant and the same is going to the village houses. It has not been found technically suitable for setting up a retail outlet in terms of the statutory norms fixed by the National Highway Authority of India. In that regard, LPA No. 1242 of 2011 (O&M) [2] reliance has been placed on the guidelines 4.3 enacted by the National Highway Authority of India. Accordingly, the learned Single Judge has rejected the argument that the question of 'No Objection Certificate' from the National Highway Authority of India would arise only after allotment and has recorded a categorical finding that the allotment of a petrol pump has to be seen and appreciated by the Oil Company. For reaching the aforesaid conclusion, reliance has also been placed by the learned Single Judge on Note-2 of Clause 13 of the Corporation's Dealer Selection Guidelines stipulating that in case the land offered is on National Highway, the same should meet the criteria as per the National Highway Authority of India guidelines as contained in the Government of India, Ministry of Road Transport and Highway letter dated 25.09.2003/17.10.2003. The site offered by the appellant has been duly assessed in the light of the aforesaid norms and therefore, action would not be unfair or unreasonable. Accordingly, we are of the view that the appeal does not merit admission and the same is hereby dismissed. (M.M.KUMAR) JUDGE (GURDEV SINGH) JUDGE 27.07.2011 'ravinder'