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MICHAEL ZOTHANKHUMA
Bipasa Somim Alom, W/o. Mr. Nazmul Hoque – Appellant
Versus
Union Of India, rep. By The Secretary To The Ministry Of Petroleum and Natural Gas – Respondent
JUDGMENT :
1. Heard Mr. D. Das, learned Senior Counsel assisted by Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned CGC for the respondent nos.1 & 2; Mr. S. Borthakur, learned counsel for the respondent No. 3 and Mr. P. Bharadwaj, learned counsel for the respondent Nos. 4 & 5.
2. The petitioner is aggrieved by the feasibility report dated 15.11.2018, on the basis of which Notice dated 25.11.2018 was published, for appointment of a Rural Retail Outlet (RO) dealer by the Bharat Petroleum Corporation Ltd. The retail outlet (petrol pump) that was to be set up was at Salbari – Jogighopa Road, between NH17 intersection and Balapara Post Office, which is in close proximity to the petitioner’s petrol pump
3. The petitioner’s counsel submits that the petitioner has a petrol pump in the said area in the name of M/s Rubi Kisan Seva Kendra. He submits that for opening up of a new retail outlet, the Government of India, Ministry of Petrol and Natural Gas had issued guidelines/criteria to be followed by Oil Manufacturing Companies vide letter No. P-19011/5/2010-IOC dated 06.04.2011, addressed to the Chief Executive Officers of the three Oil Manufacturing Compani
Point of Law : In view of criteria for making a feasibility study provided in letter not being applicable for opening a new Rural RO and as no legal or fundamental right of the petitioner has been in....
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The court established that IRC Guidelines are directory and do not confer a legal right to challenge the issuance of a Letter of Intent based on proximity.
: High Court while exercising powers under Article 226 of Constitution of India cannot sit as appellate court over decision of NHAI more particularly when same has not been challenged.
Alleged forged NOC for petroleum outlet rejected as format valid under rules at issuance; compliance with siting criteria in mixed zone upheld; prior dismissal invokes res judicata barring repeat cha....
A No Objection Certificate for establishing a Petroleum Retail Outlet can be issued if the applicant is in lawful possession of the site through a leasehold arrangement, despite objections from nearb....
Petrol pump siting complies with CPCB 50m distance from schools, hospitals, designated residential areas; application dismissed for lack of violation.
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