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2020 (6) TMI 726 - KERALA HIGH COURTValidity of proposal to open a petroleum retail outlet by the 10th respondent - challenge is mainly made on the two grounds namely proposal is against Ext. P1 guidelines issued by the Indian Road Congress with regard to the distance and on the violation on the conditions stipulated under Ext. P3 order passed by the District Collector while permitting to reclaim and fill up the land by the predecessor in interest of the 10th respondent. HELD THAT:- In the affidavit filed on behalf of Essar Oil Limited, Kochi (10th respondent in the writ petition), it is averred that the NOC was issued on the basis of the consent by the land owner. Thereafter, the owner of the property has also submitted an appropriate application under the Municipality Building Rules for making constructions in the proposed site. In the writ petition, a statement has also been filed on behalf of the Central Government, wherein, it is stated that the proposal for access permission for construction of an approach road to the proposed new petrol/diesel retail outlet mentioned in the writ petition falls along State Highway. Therefore, it is contended by the 10th respondent in the writ petition that it is the respective State Government, which is responsible for issuing any guideline and granting access permission to the fuel station along the State Highways. The powers conferred under Article 226 of the Constitution of India on each High Court is independent, and each High Court under Article 226 of the Constitution of India is empowered to decide independently notwithstanding the interim order granted by a High Court in India, and even when a final decision is rendered interpreting a Central law on the grounds of competence of legislation. Whether it be legislation, delegated or subordinate legislation, it is trite law considering the difference in the views expressed by different High Courts, on a particular subject or subjects, the Hon'ble Supreme Court has approved the views expressed by some High Courts and disapproved the contrary views expressed by other High Courts. On this proposition, we do not propose to burden the instant judgment with the decisions of the Hon'ble Supreme Court. The interim order of the Madras High Court has no binding effect on this court - there is no illegality or irregularity in the view taken by the learned Single Judge in the impugned judgment - Appeal dismissed.
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