Census 2011 Is Binding; Panchayat Certification Cannot Replace Authoritative Data: Calcutta High Court Dismisses Petitioner’s Challenge

Calcutta High Court, under the bench of Justice Subhendu Samanta, dismissed a writ petition filed by Dayamoy Ghosh challenging the rejection of his proposed land for a retail petrol outlet dealership by Hindustan Petroleum Corporation Limited (HPCL). The rejection was based on compliance with guidelines issued by the Ministry of Road Transport and Highways (NHAI Guidelines) and the categorization of the area as a rural stretch under Census 2011. The Court ruled that the NHAI guidelines are binding, and reliance on Census 2011 data for population categorization is mandatory, rejecting the petitioner’s reliance on a local Panchayat certificate.

In 2018, HPCL advertised to appoint retail outlet dealers for specific locations in West Bengal. The petitioner, Dayamoy Ghosh, applied and was declared a successful candidate for a location within 10 km of Heavyr More towards Raniganj on NH 60 in Bankura district. The petitioner proposed land in Purandarpur for the dealership.

After inspection, HPCL’s Land Evaluation Committee rejected the land, citing non-compliance with NHAI guidelines that require adherence to specific norms for rural and urban stretches of National Highways. The guidelines categorized the area as a "rural stretch" under Census 2011 data, which recorded a population of less than 20,000. The petitioner, however, relied on a certificate issued by the Gram Panchayat, claiming the current population exceeded 20,000, and argued that the land should be treated as part of an "urban stretch."

Earlier, a coordinate bench of the Calcutta High Court had directed HPCL to reconsider the petitioner’s representation, but HPCL reaffirmed its rejection through a memo dated April 22, 2022. Aggrieved, the petitioner filed the current writ petition challenging HPCL’s decision.

The Court upheld the importance of strict adherence to the NHAI guidelines issued on June 26, 2020. The guidelines specify that Census 2011 data must be used to determine whether a stretch of highway qualifies as "urban" or "rural." The Court emphasized:

"The HPCL, as well as the petitioner, is duty-bound to follow the norms and conditions of the brochure. The brochure has specifically pointed out that in case of the establishment of petrol pumps beside National Highways, the guidelines of NHAI have to be followed." [Para 15]

The petitioner relied on a certificate issued by the local Gram Panchayat, which claimed the current population of Purandarpur exceeded 20,000. The Court categorically rejected this reliance, stating:

"The Gram Panchayat is never authorized to calculate the population of any particular area. The Census 2011 data, conducted under the authority of the Central Government following prescribed rules and guidelines, is the only authoritative source." [Para 16]

The Court further held that HPCL’s reliance on Census 2011 data, as mandated by the NHAI guidelines, was legally valid and binding:

"It is true that HPCL has considered the population of the locality according to Census 2011. This is in compliance with the guidelines, which categorically state that Census 2011 data will apply in determining whether a stretch is categorized as rural or urban." [Para 16]

The Court found that the petitioner’s offered land failed to meet the specific norms for rural stretches as outlined in the NHAI guidelines. For rural stretches, the guidelines mandate that the distance of any intersection or median gap must be a minimum of 300 meters. The Land Evaluation Committee noted that the petitioner’s land did not satisfy this requirement:

"There is a road within 300 meters of the offered plot of the petitioner, which is more than 300 meters in length with a bituminous top. Hence, the offered land is not meeting the current NHAI guidelines." [Para 13]

The Court reiterated that both HPCL and the petitioner were bound by the terms of the dealership brochure and the NHAI guidelines. It held that the petitioner could not seek a deviation from these mandatory norms based on local certificates or current population estimates. The Court stated:

"The Oil Company respondent, as well as the petitioner, cannot go beyond the norms of the brochure as well as the NHAI guidelines." [Para 17]

The Court dismissed the writ petition, upholding HPCL’s rejection of the petitioner’s offered land as compliant with the NHAI guidelines and the dealership selection brochure. It concluded:

"Under the above observation, I find no justification to interfere with the impugned memo dated 22nd April 2022, issued by HPCL." [Para 17]

The writ petition was accordingly disposed of.

The judgment underscores the primacy of statutory guidelines and official data, such as Census 2011, over local certifications in administrative decision-making. It reaffirms that compliance with binding norms, such as those issued by NHAI, is essential for ensuring uniformity and fairness in public processes like the allocation of petrol pump dealerships.

The Court’s decision serves as a precedent emphasizing that local bodies, such as Gram Panchayats, cannot override centrally prescribed criteria, particularly when specific guidelines mandate reliance on authoritative data sources like the Census.

Date of Decision: December 9, 2024