The NOC issued must comply with the provisions of Rule 144 (5) of the Petroleum Rules, and any conditional NOC without holding the required inquiry and hearing the objections cannot be sustained.

Mr. Justice J.P. Singh

1. The petitioner Mirza Mohd. Iqbal Beg questions Additional Deputy Commissioner, Doda's No Objection Certificate' (NOC) for installation of a Retail Outlet at Doda, Tehsil and District, Doda issued by the Additional Deputy Commissioner Doda to Indian Oil Corporation Limited on various grounds, urging, inter alia, violation of the provisions of Rule 144 of the Petroleum Rules, 2002, Non-furnishing of details regarding existence of petitioner's residential house at Zero Distance of the Site selected for installation of Retail Outlet and non-compliance of the provisions of the Petroleum Act, by the Indian Oil Corporation Limited, besides questioning the jurisdiction of Additional Deputy Commissioner, Doda to issue the NOC.

2. The Indian Oil Corporation Limited, District Magistrate, Doda, Director Fire and Emergency Services and Naseeb Kousar Khan whose land is proposed to be utilized for setting up of Retail Outlet, have responded to the petitioner's Writ Petition, questioning, inter alia, the maintainability of the Writ Petition and the petitioner's right to oppose issuance of NOC to the Corporation.

3. Heard learned counsel for the parties and perused the records.

4. Perusal of the records of learned Additional Deputy Commissioner, Doda reveals that the learned Commissioner had initially directed its Saddar Qanungo to obtain NOC from PWD, R&B, Tehsildar and Police, but later on, the NOC appears to have been issued only on the No Objection of Tehsildar, Doda. It is indicated in the NOC that it was issued subject to fulfillment of all conditions laid mandatory in different NOCs of different Departments.

5. The records further indicate that in his report to the Additional Deputy Commissioner, the Tehsildar had indicated that the petitioner, whose house was situated on Southern side of the proposed Site for Retail Outlet, had objected to the setting up of the Outlet.

6. The petitioner does not appear to have been heard on his Objection, by the learned Additional Deputy Commissioner. To deal with the submissions advanced at the Bar, regard needs to be had to the provisions of Rules 2 (X) & (XI), besides Rule 144 of the Petroleum Rules, 2002, which, for facility of reference, are reproduced hereunder:-

Rule 2 (X) District Authority means-

(a) in towns having a Commissioner of Police, the Commissioner or a Deputy Commissioner of Police;

(b) in any other place, the District Magistrate. Rule 2 (XI) District Magistrate means and includes an Additional District Magistrate and in the States of Punjab and Haryana and in the Karaikal, Mahe and Yenam areas of the Union Territory of Pondicherry, also includes a Sub-divisional Magistrate.

Rule 144. No-objection certificate.- (1) Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate to the applicant who shall forward it to the licensing authority with his application Form IX.

(2) Every certificate issued by the District Authority under sub-rule (1) shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under his official seal.

(3) The Chief Controller or the Controller, as the case may be, may refer an application not accompanied by certificate granted under sub-rule (1) to the District Authority for his observations.

(4) If the District Authority, either on a reference being made to him or otherwise, intimates, to the Chief Controller or the Controller, as the case may be, that any licence which has been applied for should not, in his opinion, be granted, such licence shall not be issued withou