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xx xx xx 4.5. In order to provide safe length for weaving of traffic, fuel stations along highways/roads shall be located at the minimum distance from an intersection (gap in the central median be treated as intersection), as given below. For single carriageway section, these minimum distances would be applicable for both sides. All the distances shall be measured between the tangent points of the curves of the side roads at intersections/the median openings and the access/egress roads of the fuel stations, as is applicable, in a direction parallel to the centre line of the nearest carriageway of the highway.

"4.2 It should be ensured that the location of the proposed fuel station does not interfere with future improvements of the highways and the nearby intersections/junctions.

xx xx xx 4.5 In order to provide safe length for weaving of traffic, fuel stations along National Highways shall be located at the minimum distance from an intersection ( gap in the central median be treated as intersection) as given below. For Single carriageway section, these minimum distances would be applicable for both sides. All the distances shall be measured between the tangent points of the curves of the side roads at intersections/ the median openings and the access/egress roads of the fuel stations, as is applicable, in a direction parallel to the centre line of the nearest carriageway of the National Highway.

iv. If two or more fuel stations are to be sited in close proximity for some reasons these would be grouped together to have a common access through a service road of 7.0m width and connected to the highway through acceleration, deceleration lanes. Any objection from the existing fuel station owner against granting of access permission from NH for the proposed new fuel station are to be overruled and access to all fuel stations in case of clustering, shall invariably be from the service road only. Wherever longer service road exists, which may itself act as deceleration/ acceleration lane, no separate deceleration/ acceleration lane is required. New entrant would be responsible for construction and maintenance of the common service road, deceleration & acceleration lanes drainage and traffic control device. Wherever available ROW is inadequate to accommodate such service roads, deceleration/acceleration lanes etc. the additional land by the side of ROW to accommodate such service roads shall be acquired by the new entrant Oil Company."

On perusal of the above mentioned letter dated 26.06.2020, it is made clear that the guidelines dated 24.07.2013 have been revised. In clause-3.0(iv) of Appendix-I of letter dated 26.06.2020 it has been specifically mentioned that if two or more fuel stations are to be sited in close proximity for some reasons these would be grouped together to have a common access through a service road of 7.0m width and connected to the highway through acceleration and deceleration lanes. Any objection from the existing fuel station owner against granting of access permission from NH for the proposed new fuel station are to be overruled and access to all fuel stations in case of clustering, shall invariably be from the service road only. As such, the HPCL has been required in the present guidelines to apply to the competent authority, as indicated in the guidelines dated 26.06.2020, seeking access permission along the National Highway. The power to give permission for access to National Highway lies with the Highway Administration as per the Highway Administration Rules, 2004 under the control of National Highways (Land and Traffic) Act, 2002. Vide notification dated 18.09.2019, the MoRTH under the Control of National Highways (Land and Traffic) Act, 2002 has prescribed the competent authority i.e. Highway Administration for Control and Management of National Highway. In paragraph-5 of the said notification dated 18.09.2019, the Project Director of NHAI/GM or DGM of the NHIDCL/Executive Engineer of the NH Wing of the State PWD, Regional Officer of the Ministry/NHAI/ED of NHIDCL, as per their respective territorial jurisdictions, shall exercise the powers and functions of Highway Administrators in their ex-officio capacity to discharge the functions and exercise the powers as assigned to them. As per the guidelines/norms for access permission to fuel stations, the beneficiary has to apply the Highway Administration so that the competent authority can scrutinize the site of the fuel station as per the terms and conditions laid down in the guidelines dated 26.06.2020 issued by MoRTH and such application has to be made to the Executive Engineer, Highway Administration, which is the competent authority as per the notification issued on 18.09.2019. But, as it reveals from the record, no such application has been submitted to the competent authority by the beneficiary so as to assess the viability of the installation of fuel station for the safety of the people and for larger interest of the public. In the guidelines dated 26.06.2020, it is clearly stipulated that notwithstanding NOC granted by licensing authority the NOC will be issued by the competent officers of MoRTH, after receiving proposal of designated proposing authority, i.e., NH, PWD, as described at serial no.5 of table 5 under para-5 of the circular dated 18.09.2019 issued by MoRTH. Therefore, the NOC, which has been granted by the authority, is only a permission to set up the retail outlet and the subsequent procedure has to be followed in accordance with the guideline issued on 26.06.2020.