Plea challenges withdrawal of IRC guidelines on petrol bunks on NH

A division bench comprising Justice N Kirubakaran and Justice P Velmurugan, before whom the plea came up on Thursday, ordered notice to both the State and Centre.

The petitioner, advocate VBR Menon, submitted that one of the 300 guidelines and standards that the IRC has evolved is the unified guideline for Access and Permission to Fuel Stations along NH to ensure free flow of traffic on the road along the fuel stations.

But IRC has issued an undated notification in the December 2019 ‘Highway Manual’ withdrawing this guideline with effect from December 1, 2019, without attributing any reasons. This sudden and abrupt withdrawal has created a vacuum in the absence of any other alternate standard available to the State authorities in deciding appropriate locations for starting new retail outlets across Tamil Nadu.

Through a communication on February 8, 2020, the Highways Department secretary has directed all district authorities to comply with IRC norms while issuing no-objection certificates for petrol bunks. In a judgement on January 18, 2019, the HC too had directed strict compliance of IRC norms, he added.

Hence, the sudden withdrawal of the standard without giving any notice would have disastrous consequences, Menon said, seeking the court to quash the withdrawal of the guideline.

Before the guideline ceases to exist, Tamil Nadu should follow the lead of states like Kerala and Punjab that have notified alternate standards after its withdrawal.