Now Reading: Allahabad High Court rejects petrol pump owner’s competition plea
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Allahabad High Court rejects petrol pump owner’s competition plea
The Allahabad High Court has dismissed a writ petition by an existing petrol pump owner seeking to challenge approval and a No Objection Certificate for a rival outlet near Bahraich. A Bench…
The Story in Brief
The Allahabad High Court has dismissed a writ petition by an existing petrol pump owner seeking to challenge approval and a No Objection Certificate for a rival outlet near Bahraich. A Bench of Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary held that financial loss from competition does not give a business owner the locus to invoke writ jurisdiction.
The petitioner, M/s D.K. Automobiles, argued that the proposed outlet breached fuel station distance rules. The court noted that an earlier proceeding had recorded an amended exception where outlets use a common service road at least 7 metres wide. It said final permission would depend on constructing the required road, and called the fresh petition an abuse of process. The court also rejected the claim that it should protect the existing business from competition.
The Indian Opinion
The exaggerated version is that the ruling gives fuel companies a free pass to ignore safety or access rules. It does not. The court recorded that the 7-metre service road must be built before final permission. The opposite claim, that any nearby outlet is automatically unlawful, is equally weak. The practical test is whether authorities enforce the stated access condition before operations begin, not whether an incumbent fears lower earnings.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
