Indian Oil Corporation Ltd. vs Arti Devi Dangi on 14 October, 2015
6. From the perusal of the averments made by the third respondent
in the counter-affidavit, it is clear that the permission granted to the
eighth respondent for the subject retail outlet cannot be stated to be
violative of the IRC Guidelines. According to the third respondent, the
retail outlet is neither in the National Highway nor State Highway. There
is no dispute that in the judgement of the Hon'ble Supreme Court in
Indian Oil Corporation Limited V. Arti Devi Dangi, (2016) 15 SCC
480, relied on by the learned counsel for the petitioner, it is reiterated
that the authorities have to mandatorily follow the Indian Road Congress
(IRC) guidelines. However, the said judgment is not helpful to advance
the cause of the petitioner for the simple reason that the condition to
have minimum of 300 meters distance between two fuel stations, as has
been imposed in the IRC guidelines, is applicable for the stations along
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W.P.No.6217/2020
the National Highways and the same is not applicable to the fuel station
of the eighth respondent.