IRC Guidelines lack statutory force in NOC applications under the Petroleum Rules; local law designations govern suitability concerning residential proximity.

JUDGMENT :

M.A. ABDUL HAKHIM, J.

1. Petitioner intends to start a Petroleum Retail Outlet as a Dealer of the Respondent No.3 – Oil Marketing Company on the basis of Ext.P1 Letter of Intent issued by the Respondent No.3. The Respondent No.3 had submitted Application for No Objection Certificate under Rule 144 of the Petroleum Rules, 2002, in order to enable the Petitioner to establish the Petroleum Retail Outlet and the same was rejected by the Respondent No.1 as per Ext.P3 Order. Petitioner has filed this Writ Petition challenging Ext.P3 Order.

2. The Respondent No.1 has filed Counter Affidavit opposing the prayers in the Writ Petition and supporting Ext.P3 Order.

3. I heard the learned Counsel for the Petitioner, Sri. Jinu P. Binu, the learned Government Pleader, Sri. Riyal Devassy, for Respondents Nos.1 & 2 and the learned Standing Counsel for the Respondent No.3, Sri. Poulose C. Abraham.

4. Learned Counsel for the Petitioner contended that the Respondent No.1 illegally rejected the Application for NOC on two unsustainable grounds. The first is that the proposed site does not satisfy the stopping site distance as required under the Indian Roads Congress (IRC) Guidelines, relying on the Report of the Public Works Department, and the second is that there are five houses within a radius of 50 meters from the proposed site. Learned Counsel contended that the IRC Guidelines are not applicable for considering the suitability of the site for a Petroleum Retail Outlet under Rule 144 of the Petroleum Rules, 2002. Ext.P7 Guidelines issued by the Central Pollution Control Board also do not mandate satisfaction of IRC Guidelines for the site. The existence of residences within 50 meters is irrelevant, and what is relevant is the existence of residential zone designated as per local laws within the prohibited distance. Ext.P8 issued by the Grama Panchayath certifies that there is no designated residential area within the prohibited distance of 50 Meters. Learned Counsel cited the decision of this Court in Jasmine Sirajudeen v. The State of Kerala and Others, 2020 KER 14042, the decision of the Allahabad High Court in Deepak Agarwal v. State of U.P. and Others, 2014 Supreme (All) 710 and the decision of the Madras High Court in A. Periyasamy (Deceased) and Another v. The Deputy Director, North-Cum Sub-Divisional Magistrate, Revenue, Puducherry and Others, 2021 Supreme (Mad) 1356 in support of his contentions. Learned Counsel concluded his arguments, praying to set aside Ext.P3 Order and to direct the Respondent No.1 to grant NOC to the Respondent No.3 for starting Petroleum Retail Outlet by the Petitioner in the applied site.

5. Learned Counsel for the Respondent No.3 advanced arguments supporting the contentions of the Petitioner.

6. On the other hand, the learned Government Pleader contended that the Respondent No.1 had considered the comments of the Public Works Department as required under Rule 144 of the Petroleum Rules, 2002, and rejected the Application for NOC. Public Works Department submitted its comments to the Respondent No.1 after considering the suitability of the site, taking into account the road safety aspect. The Public Works Department is perfectly justified in ensuring IRC Guidelines when it considers the road safety aspect of the site. The learned Government Pleader prayed for dismissal of the Writ Petition.

7. I have considered the rival contentions.

8. Rule 144 of the Petroleum Rules, 2002, mandates the District Authority to obtain comments from various authorities mentioned in Clause (1) in the Pro forma No Objection Certificate provided under Sub-Rule (7) therein. As per Sub-Clause (d) in Clause (1) in the Pro forma No Objection Certificate, Comments from the National Highway Authority of India or Public Works Department or any authority concerned regarding road safety and road alignment and road access conformity is to be obtained. It does not require compliance with IRC Guidelines. It is seen from Ext.P3 Order that the R