Nishant Shukla (A.C.S.C.), Amarjeet Singh Rakhra, Harsh v. Shukla for Neerav Chitravanshi, S.M. Singh Royekwar Chief Justice's Court H

operating of the retail outlet in violation of the statutory safety norms.

2. Petitioner, claiming himself to be a law abiding citizen, has filed the petition in public interest, inter alia, for preventing eminent danger to life and property arising from the unsafe location of a proposed retail outlet being opened by the respondent-Petroleum Company.

3. Submissions have been made that Petroleum Company is constructing a retail outlet in Village Saray Anadev, Tehsil Lalganj, District Pratapgarh over a part of land which has a high tension electricity wire of more than 11 KV passing above the proposed area of constructions of the said petrol pump.

4. Further indications have been made that the retail outlet is being constructed on the land comprised in Gata No. 769 wherein there is a direct high-tension wire of more than 11 KV passing in the proximity of the frontage of the proposed retail outlet. Submissions have been made that petitioner approached the Petroleum Company seeking information about grant of NOC by the concerned Authorities which was not supplied. 2 WPIL No. 1090 of 2025 Further information was sought under the Right to Information Act from the Chief Fire Officer, Pratapgarh, the petitioner was directed to contact the Public Information Officer of the District Magistrate. Whereafter the Public Works Department required the petitioner to approach the owner of the retail outlet for the purpose. Information has been ultimately provided by the Executive Engineer of the Public Works Department indicating NOC granted by the National Highway Authority of India.

5. Submissions were made that the NOC etc. has been granted by the Authorities in violation of the norms as prescribed for the purpose and especially the CPCB Guidelines wherein specific indications have been made not to grant permissions to retail outlets within a radial distance of 50 meters from Schools, Hospitals and that no high-tension line shall pass over the retail outlet, however, in violation thereof, retail outlet is being constructed.

6. When the matter came up before this Court, a Coordinate Bench on

17.10.2025 noticed the contention and required the respondents to conduct an on-spot inspection to ascertain the location and situation of the petrol pump and also as to whether any high-tension line is running just over the said station or not and the result of the inspection be brought on record along with the affidavit.

7. Pursuant to the said directions, an affidavit has been filed on behalf of the respondent no. 7, Uttar Pradesh Fire and Emergency Services, wherein indications have been made that neither any HT nor LT electricity line is passing over the retail outlet and provisions of National Building Code of India, 2006, Part-3, Development Control Rules and General Building Requirements, have been followed. Indications have also been made that 11 KV line is at a horizontal distance of 4 meters from the boundary wall of the retail outlet and is at the vertical height of

7.4 meters from the retail outlet.

8. In the affidavit filed on behalf of the petroleum company, the site inspection report reiterates the fact that no HT/ LT power line was found passing over the retail outlet. The vertical height of the said 11 KV line from the ground and the said location was found to be 7.4 meters. 3 WPIL No. 1090 of 2025

9. No rejoinder to the said affidavit has been filed.

10. Counsel for the petitioner reiterated the submissions that even if the electricity line is passing through the proximity of the retail outlet, the NOC granted requires to be cancelled or the electricity line should be directed to be made underground.

11. Counsel for the respondents made submissions that once the retail outlet is being constructed, complying with the laid down norms, the filing of the PIL seeking to obstruct the commissioning of the retail outlet is mala fide and the petition, therefore, deserves dismissal.

12. We have considered the submissions made and have perused the material available on record.

13. The specific case of the petitioner in the petition has been that the 11 KV Line was passing over the retail outlet and the same was in violation of the laid down conditions. The said averment in the petition, has been found to be ex-facie incorrect as both the spot inspection reports along with the pictures produced by the parties clearly reflect that none of the high-tension/low-tension line was passing "over the retail outlet".

14. In so far as the 11 KV line being in proximity is concerned, the provisions of the National Building Code of India, relied on by the Chief Fire Officer, Pratapgarh, provides as under:- "3) The horizontal clearance between the nearest conductor and any part of such building shall, on the basis of maximum deflection due to wind pressure, be not less than: i) For lines of : 1.2 m voltages exceeding 650V and up to and including 11 kV ii) For lines of : : 2.0 m" voltages exceeding 11 kV and up to and including 33 kV

15. The indications made are specific wherein the horizontal clearance has to be two meters from the building. In the present case, no building apparently is in proximity of the HT Line and the distance, which has 4 WPIL No. 1090 of 2025 been indicated by the respondent no. 7, is 4 meters from the boundary line and the vertical distance has been shown as 7.4 meters. The said distance, irrespective of the fact even if the building is there and not the boundary, the same would have been in consonance with the applicable provisions. The submissions sought to be made in the petition, only with a view to somehow obstruct the commissioning of the retail outlet, cannot be countenanced.

16. The plea raised, being contrary to the laid down provisions, and the retail outlet, insofar as the electricity line is concerned, being in compliance of the required provisions, no case is made out in the petition. The same is therefore dismissed. December 19, 2025 Asheesh/P.Sri. (Jaspreet Singh,J.) (Arun Bhansali,CJ.) ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

operating of the retail outlet in violation of the statutory safety norms.

2. Petitioner, claiming himself to be a law abiding citizen, has filed the petition in public interest, inter alia, for preventing eminent danger to life and property arising from the unsafe location of a proposed retail outlet being opened by the respondent-Petroleum Company.

3. Submissions have been made that Petroleum Company is constructing a retail outlet in Village Saray Anadev, Tehsil Lalganj, District Pratapgarh over a part of land which has a high tension electricity wire of more than 11 KV passing above the proposed area of constructions of the said petrol pump.

4. Further indications have been made that the retail outlet is being constructed on the land comprised in Gata No. 769 wherein there is a direct high-tension wire of more than 11 KV passing in the proximity of the frontage of the proposed retail outlet. Submissions have been made that petitioner approached the Petroleum Company seeking information about grant of NOC by the concerned Authorities which was not supplied. 2 WPIL No. 1090 of 2025 Further information was sought under the Right to Information Act from the Chief Fire Officer, Pratapgarh, the petitioner was directed to contact the Public Information Officer of the District Magistrate. Whereafter the Public Works Department required the petitioner to approach the owner of the retail outlet for the purpose. Information has been ultimately provided by the Executive Engineer of the Public Works Department indicating NOC granted by the National Highway Authority of India.

5. Submissions were made that the NOC etc. has been granted by the Authorities in violation of the norms as prescribed for the purpose and especially the CPCB Guidelines wherein specific indications have been made not to grant permissions to retail outlets within a radial distance of 50 meters from Schools, Hospitals and that no high-tension line shall pass over the retail outlet, however, in violation thereof, retail outlet is being constructed.

6. When the matter came up before this Court, a Coordinate Bench on

17.10.2025 noticed the contention and required the respondents to conduct an on-spot inspection to ascertain the location and situation of the petrol pump and also as to whether any high-tension line is running just over the said station or not and the result of the inspection be brought on record along with the affidavit.

7. Pursuant to the said directions, an affidavit has been filed on behalf of the respondent no. 7, Uttar Pradesh Fire and Emergency Services, wherein indications have been made that neither any HT nor LT electricity line is passing over the retail outlet and provisions of National Building Code of India, 2006, Part-3, Development Control Rules and General Building Requirements, have been followed. Indications have also been made that 11 KV line is at a horizontal distance of 4 meters from the boundary wall of the retail outlet and is at the vertical height of

7.4 meters from the retail outlet.

8. In the affidavit filed on behalf of the petroleum company, the site inspection report reiterates the fact that no HT/ LT power line was found passing over the retail outlet. The vertical height of the said 11 KV line from the ground and the said location was found to be 7.4 meters. 3 WPIL No. 1090 of 2025

9. No rejoinder to the said affidavit has been filed.

10. Counsel for the petitioner reiterated the submissions that even if the electricity line is passing through the proximity of the retail outlet, the NOC granted requires to be cancelled or the electricity line should be directed to be made underground.

11. Counsel for the respondents made submissions that once the retail outlet is being constructed, complying with the laid down norms, the filing of the PIL seeking to obstruct the commissioning of the retail outlet is mala fide and the petition, therefore, deserves dismissal.

12. We have considered the submissions made and have perused the material available on record.

13. The specific case of the petitioner in the petition has been that the 11 KV Line was passing over the retail outlet and the same was in violation of the laid down conditions. The said averment in the petition, has been found to be ex-facie incorrect as both the spot inspection reports along with the pictures produced by the parties clearly reflect that none of the high-tension/low-tension line was passing "over the retail outlet".

14. In so far as the 11 KV line being in proximity is concerned, the provisions of the National Building Code of India, relied on by the Chief Fire Officer, Pratapgarh, provides as under:- "3) The horizontal clearance between the nearest conductor and any part of such building shall, on the basis of maximum deflection due to wind pressure, be not less than: i) For lines of : 1.2 m voltages exceeding 650V and up to and including 11 kV ii) For lines of : : 2.0 m" voltages exceeding 11 kV and up to and including 33 kV

15. The indications made are specific wherein the horizontal clearance has to be two meters from the building. In the present case, no building apparently is in proximity of the HT Line and the distance, which has 4 WPIL No. 1090 of 2025 been indicated by the respondent no. 7, is 4 meters from the boundary line and the vertical distance has been shown as 7.4 meters. The said distance, irrespective of the fact even if the building is there and not the boundary, the same would have been in consonance with the applicable provisions. The submissions sought to be made in the petition, only with a view to somehow obstruct the commissioning of the retail outlet, cannot be countenanced.

16. The plea raised, being contrary to the laid down provisions, and the retail outlet, insofar as the electricity line is concerned, being in compliance of the required provisions, no case is made out in the petition. The same is therefore dismissed. December 19, 2025 Asheesh/P.Sri. (Jaspreet Singh,J.) (Arun Bhansali,CJ.) ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench