HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 22609 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. Order on Order Sheet. Learned counsel for the petitioner is permitted to implead 'Project Director, NHAI PIU, Gwalior M.P., Govindpuri Sachin Tendulkar Marg, Gwalior, M.P.' as respondent no.10 in the array of parties during the course of the day. Order on Writ Petition. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for quashing the Provisional No Objection Certificate'/permission dated 23.01.2024 issued by the National Highway Authority of India to Indian Oil Corporation Ltd. for establishing fuel station/retail outlet on NH-44. 3. The petitioner is the owner of Gata No.1059 situated at NH-44, KK Bagh, Beerai, Saiyan, Agra. According to petitioner, respondent no.9 has been granted permission to shift the retail outlet of respondent no.4 in the plot adjacent to respondent no.9. 4. For establishing the petrol pump, respondent no.9 has been issued 'Provisional No Objection Certificate'. Under the said 'Provisional No Objection Certificate', a condition is stipulated that service lane of ten meters is to be constructed for connecting petrol pump of respondent no.9 to Versus Counsel for Petitioner(s) : Kaushalendra Nath Singh, Vikas Dixit, Vinayak Nath Singh Counsel for Respondent(s) : A.S.G.I., Anand Tiwari, C.S.C., Gaurav Kumar Chand, Pranjal Mehrotra, Rahul Sahai, Yawar Mukhtar Prakash Automobiles .....Petitioner(s) Union Of India And 8 Others .....Respondent(s) national highway. Out of ten meters service lane, seven meter is road and three meter is median. Besides ten meter service lane, a provision for paved highway namely, 'Running Operation Highway' is also to be provided, the area of which is ten meter. Thus, the total area for approaching national highway from petrol pump of respondent no.9 is twenty meters which includes seven meter service road, three meter median and ten meter paved highway. 5. According to petitioner, in construction of twenty meter service lane as well as paved highway, about two meter land of petitioner is being encroached upon which cannot be done except in accordance with law. In this respect, the petitioner has placed reliance upon the report of Consolidation Authority appearing on page no.98 of the writ petition. 6. On the strength of the aforesaid report, the petitioner submits that the authority without considering the report of Consolidation Officer appearing on page 98 of the writ petition, granted 'Provisional No Objection Certificate' which it could not do as the area which is left for constructing connecting road after reducing two meters land of petitioner comes about 18 meters. Thus, he submits that the action of the respondents in encroaching the land of petitioner to the extent of two meters for constructing twenty meters road which includes seven meters service road, three meters median and ten meters paved highway is illegal and bad in law. 7. The petitioner has also placed an order dated 15.10.2025 passed by the Project Director, NHAI, PIU, Gwalior, M.P., which is taken on record. According to the order dated 15.10.2025, the petitioner has encroached upon the land of respondents which is meant for construction of public highway, and accordingly, by the said order, petitioner has been asked to remove the encroachment otherwise necessary action for demolition of the same shall be taken. 8. The order dated 15.10.2025 has been supplied to the petitioner on 16.10.2025 and considering the urgency in the matter, we take the order dated 15.10.2025 on record as Diwali vacations are commencing from 17.10.2025 to 26.10.2025. 9. The petitioner submits that without adjudicating the fact that petitioner has encroached upon any land, the NHAI has issued a notice/order dated 15.10.2025, therefore, if the construction is demolished, the petitioner would WRIC No. 22609 of 2025 2 suffer irreparable loss. 10. Learned counsel for the respondents would contend that petitioner has encroached upon the land which is meant for public highway, and therefore, there is no illegality in the impugned 'No Objection Certificate'. 11. Considering the fact that it is the case of the petitioner that he has not encroached any land which is also evident from the consolidation report appearing on page 98 of the paper book, we dispose off the writ petition permitting the petitioner to file a detailed representation alongwith all necessary documents establishing that petitioner has not encroached any land before the newly impleaded respondent no.10-Project Director, NHAI, PIU, Gwalior, M.P. within a period of two weeks from today against the notice dated 15.10.2025. On submitting such representation, respondent no.10 shall consider and decide the same strictly in accordance with law within a period of three weeks after giving due notice and opportunity of hearing to the petitioner. 12. For a period of six weeks or till the disposal of representation of the petitioner, whichever is earlier, the parties are directed to maintain status quo in respect to disputed land. October 17, 2025 Sattyarth WRIC No. 22609 of 2025 3 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad