CWP No.1218 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.1218 of 2010 Date of Decision: 09.11.2010 **** M/s. Santosh Service Station . . . . Petitioner VS. Union of India and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. Manjeet Singh, Advocate for the petitioner Mr. Shilak Ram Hooda, Advocate for respondent No.2 Mr. Ashish Kapoor, Advocate for respondent No.3 ***** SURYA KANT J. (ORAL) (1). The petitioner is a retail outlet dealer of the Indian Oil Corporation operating on the National Highway No.8 within the municipal limits of Gurgaon. The petitioner seeks a mandamus to direct the respondent-National Highway Authority of India to allow it “to operate fuel filling station” pending the application for renewal of its license. (2). The respondents have filed their reply/affidavit explaining the obstruction caused by the petitioner in the expansion of the National Highway/Expressway. It is also explained that the petitioner’s application has been duly considered and turned down on more than one occasions. (3). On the last date of hearing, it was stated on behalf of the petitioner that one more application has been CWP No.1218 of 2010.doc - 2 – moved by it before the National Highway Authority of India seeking access to the main road and that application is still under consideration. (4). I have heard learned counsel for the parties at some length and perused the records. (5). Wherever there is a conflict of interest between a private individual and the general public, the judicial discretion ought to tilt towards the ‘public interest’. An individual’s hardship can be redressed without compromising with the ‘public interest’. (6). The question as to whether or not the petitioner can be granted access to the main road without causing any obstruction in the free flow of traffic on the National Highway/Expressway essentially falls within the domain of expert authority like the National Highway Authority of India. (7). In the light of the stand taken by the petitioner that its application is still pending consideration before the Authority, it is not expedient or desirable for this Court to express any final views on the same. (8). The writ petition is accordingly disposed of with a direction to the competent authority – National Highway Authority of India to consider and dispose of the application, if any, moved by the petitioner, along CWP No.1218 of 2010.doc - 3 – with the application moved by the Indian Oil Corporation also in this regard. (9). The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. (10). Ordered accordingly. Dasti. 09.11.2010 vishal shonkar (SURYA KANT) JUDGE