The penalties were imposed in two tiers. The pumps that existed before January 24, 2007, have been directed to pay Rs 2 lakh each. Those set up after the date have been asked to pay Rs 25 lakh each.
The licences became mandatory in 2003, according to the Control of National Highways (land and traffic) Act, 2002, but as the petrol pumps fell under municipal limits, the highway administration didn't have jurisdiction over the area. On January 24, 2007, NHAI limits were expanded to include municipal limits, making petrol pump operators liable to pay the license fee
"Pumps that were set up before this date are not liable to pay penalty, but as the licence fee clause was introduced by the ministry in 2003, they should have paid a fee of Rs 1 lakh then. As 11 years have passed since then, they are liable to pay damages as well," the court said.
In case petrol pump companies fail to pay the penalty, the highway administration will block the access road from the highway and issue directions to de-energize the pumps. "The order to de-energize could have been issued today, but this would cause a lot of inconvenience to the public at large. We have given a reasonable time frame of 90 days to the companies," the court said in its order.
The companies said they may appeal the court order. A representative of Sahay filling station said, "We applied for the licence in the past, but NHAI didn't respond to our request. How can they now impose a penalty of Rs 25 lakh?"
HPCL counsel Mohinder Singh said the order was uncalled for. "The rules have changed several times between 1996 and 2014. The guidelines spell out that existing pumps shouldn't be affected by any change in rules," he said.
http://ift.tt/1iOBzCA pumps in Gurgaon,NH-8 access road
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