HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31417 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE AVNISH SAXENA, J. 1. Under challenge in the writ petition are cancellations of provisional permission dated 25th September, 2017 and temporary access on 20th December, 2018. The cancellations happened because National Highway Authority of India (NHAI) said that petitioner did not construct acceleration and deceleration lanes but was abusing the permission for temporary access. We understand, the Retail Outlet (RO) is adjacent to the highway. Access to it for vehicles on the highway would be by using the deceleration lane to enter the pump and accelerate to rejoin the highway after filling up. 2. Mr. Prateek Rai, learned advocate appears on behalf of petitioner and refers to letter dated 21st August, 2025 written by respondent no.5 (the oil company) to respondent no.3 (the Director, NHAI). He demonstrates from said letter, the oil company had cited mitigating circumstances for not being able to fulfill the requirements on the lanes, constructed by his client. He submits, the cancellations be set aside. 3. Ms. Anita Kushwaha, learned advocate, holding the brief appears on behalf of Union of India. 4. Mr. Pranjal Mehrotra, learned advocate appears on behalf of respondent nos. 2 and 3 (NHAI) as well as respondent no.5 (the oil company). He submits, in the circumstances fresh application has to be made for further permission to obtain access to the highway. No ground Versus Counsel for Petitioner(s) : Devid Kumar Singh, Prateek Rai Counsel for Respondent(s) : A.S.G.I., C.S.C., Mahendra Pratap, Pranjal Mehrotra, Sanjay Kumar Om M/S Atulya Vaishnav Fuel Station .....Petitioner(s) Union Of India And 4 Others .....Respondent(s) has been made out to interfere with impugned cancellations. Petitioner cannot dispute that requirements on construction of the lanes have not been fulfilled. Mr. Rai in reply reiterates, the omissions are due to encroachments. He further reiterates reliance on said communication dated 21st August, 2025 made by the oil company. 5. Position taken on behalf of NHAI that fresh application has to be made for permission to have temporary access to the highway is to be considered in context of consequence of the cancellations. On query Mr. Mishra submits, petitioner is still using the access. 6. Continued access directly from the RO to the highway, used by the vehicles including articulated trucks, lead to blockage of the highway causing chance of accident on speeding vehicles unable to stop when one such is entering into the highway directly from the pump. This has continued since year 2017 and still continues. Petitioner's complaint of encroachment preventing construction of the lanes having required width is the problem, to be dealt with by the administration. 7. NHAI is directed to deal with said communication dated 21st August, 2025, made by the oil company for continued temporary access. Petitioner, the oil company and concerned authority in NHAI will approach the administration (respondent no.4/the District Magistrate) for assistance regarding clearing the encroachments to have required width of the deceleration and acceleration lanes. This must be done, including making the lanes of requisite width within six months from date. Necessity of highways enabling speedy transportation as well as the requirement of ROs for re-fueling vehicles, cannot be over emphasized. 9. The writ petition is disposed of. September 17, 2025 Shivangi WRIC No. 31417 of 2025 2 (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad