Highway Authority Can't Re-Evaluate Site Suitability After Granting Provisional Permission For Petrol Pump: Kerala High Court
The Kerala High Court has held that the Highway Administration cannot reconsider compliance with Guidelines issued by the Ministry of Road Transport and Highways (MoRTH) at the stage of final access permission, when a valid Provisional Permission for establishment of Petroleum Retail Outlet has been issued earlier under Section 28 of the Control of National Highways (Land and Traffic)...
The Kerala High Court has held that the Highway Administration cannot reconsider compliance with Guidelines issued by the Ministry of Road Transport and Highways (MoRTH) at the stage of final access permission, when a valid Provisional Permission for establishment of Petroleum Retail Outlet has been issued earlier under Section 28 of the Control of National Highways (Land and Traffic) Act, 2002.
Justice M.A. Abdul Hakhim observed:
“It is not legally permissible for the Highway authorities to check the suitability of the site and access after issuance of the Provisional Permission again at the time of processing the Application for Final Permission.”
The Court delivered the judgment in petitions filed by neighboring landowners challenging the establishment of a petroleum retail outlet in Perayam, Kollam.
The petitioners initially approached the High Court challenging the provisional permission (Ext. P2) granted by the Highway Authority under Section 28 of the Control of National Highways Act. During the pendency of the petition, an order granting final permission(Ext. P23) for access to highways was granted, pursuant to which another writ petition was filed.
It was submitted that the Petroleum Retail outlet was in violation of the MoRTH Guideline which specified that the location of the proposed fuel station does not interfere with future improvements of the highway and nearby intersections/junctions.
The Counsel for the petitioners contended that the final permission was granted without considering a report of the National Highway Authority which says that the Petroleum Retail Outlet does not conform to the MoRTH Guidelines for construction of fuel stations. It was submitted that the final order was passed without hearing the petitioners on whose petition the Report was prepared.
The Court noted that the permission for access to the National Highway is issued under Sections 28 and 29 of the Control of National Highways Act. It observed that under the guidelines, the provision permissions must be granted after the examination of the documents and inspection of the proposed site for assessing the suitability of the proposal. It noted that the Highway Authority cannot check the suitability of the Site and access after issuance of the Provisional Permission again at the time of the application for Final Permission.
“The suitability of the site in which the outlet is to be established and the suitability of the access are matters to be considered before the grant of Provisional Permission by the authorities. Such suitability includes compliance with the norms under the MoRTH Guidelines. Thus, the compliance with the norms under the MoRTH Guidelines is a matter to be ensured by the authorities before the issuance of the Provisional Permission.” the bench noted.
The Court further noted that denial of the operational permission on ground of unsuitability of the site, when the authority itself has granted permission for installation based on the finding that the site is suitable amounts to violation of Article 19(1)(g) and Article 21 of the Constitution of India.
It further clarified that the operational permission can be denied if any conditions in the installation permission are not satisfied but not on the basis of the suitability of the site.
“The provision makes it abundantly clear that the only thing to be verified after issuance of Provisional Permission and before the grant of Final Permission is whether the Applicant has constructed the outlet and the access as per the approved drawing. The Highway authorities have no right or authority to consider whether the site satisfies the norms under the MoRTH Guidelines again at that time.” the Court noted.
The Court also noted that if the petitioner had any grievance with the respect to the suitability of the site for Petroleum Retail Outlet on the ground that it does not conform to the norms of MoRTH Guidelines, it should have been raised before the issuance of the Provisional Permission. The Court observed that the Petitioners could not plead ignorance as they were immediate neighbours of the site in which the Petroleum Retail Outlet is proposed.
The Court thus, dismissed the petition challenging the final order but disposed of the petition challenging the NOC and directed the Respondent 3 District Collector, Kollam to dispose of the representation by the petitioners after giving an opportunity to be heard for the petitioners within three months.
Case Title: Prasad K and Anr v Land Revenue Commissioner and connected case
Case No: WP(C) 27507/ 2025 and connected case
Citation: 2025 LiveLaw (Ker) 761
Counsel for Petitioners: K Mohanakannan, Abdul Salim M
Counsel for Respondent: Krishna S (CGC), M R Sasith Panicker (SC - Perayam Grama Panchayat), Jomy K Jose, Nithin George, M V Haridas Menon, Rithu Jose, A G Adithya Shenoy, Muhammed Anshif T K
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