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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Pushpa Sathyanarayana, J.
P. Selvi – Petitioner
Versus
The District Magistrate, Puducherry & Others – Respondents
W.P. No. 10177 of 2020 & W.P. No. 9613 of 2020 & W.M.P. Nos. 12374 & 12375 of 2020 & W.M.P. Nos. 11750, 12431 & 13841 of 2020
Decided On : 19-11-2020
Petroleum Retail Outlet - Challenge to NOC - MoRTH Norms - [Petroleum Acts and Rules, MoRTH Notification No.RW/NH-33023/19/99-DO-III] - The court discussed the challenge to the NOC for a proposed petroleum retail outlet based on MoRTH Norms, distance from existing outlet, presence of a water body, and public health concerns. The court also considered the authority's inspection, relevant provisions of the Petroleum Acts and Rules, and the impact of business rivalry on the decision.
Fact of the Case:
The petitioner challenged the NOC for a proposed petroleum retail outlet based on MoRTH Norms, distance from existing outlet, presence of a water body, and public health concerns. The court found that the NOC was issued after thorough examination and consideration of relevant provisions.
Finding of the Court:
The court found that the NOC was issued after thorough examination and consideration of relevant provisions, and dismissed the writ petitions.
Issues: Challenge to NOC for proposed petroleum retail outlet, compliance with MoRTH Norms, distance from existing outlet, public health concerns, and business rivalry.
Ratio Decidendi: The court held that the existing dealer cannot maintain a writ petition challenging the NOC issued for setting up a similar unit by another businessman.
Final Decision: The court dismissed the writ petitions challenging the NOC for the proposed petroleum retail outlet, as the NOC was issued after thorough examination and consideration of relevant provisions.
ORDER :
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus to call for the records of the “No Objection Certificate” No.13847/DM/RO/TAH/D3/2019 dated 19.06.2020 issued by the 1st respondent in favour of the 8th respondent and to quash the same and consequently, to restrain permanently the 1st to 7th respondents from issuing Explosive Licence, permission and approvals to the 8th respondent to set up and operate the New Road-side Petroleum Retail Outlet on Puducherry-Mamallapuram ECR Road, National Highway No.NH- 332A, at Re-survey No.65/6 Part, Saram Revenue Village, Oulgaret Taluk, Puducherry District -605 008 adjacent to a water body and in violation to the Notification No.RW/NH-33023/19/99-DO-III dated 24.07.2013 issued by the Ministry of Road Transport and Highways, New Delhi.
Writ Petition is filed under Article 226 of the Constitution of India praying Writ of Mandamus to restrain the 7th respondent to set up and operate a New Road side Petroleum retail outlet on Puducherry Mamallapuram ECR Road National Highway No.NH 332-A at resurvey No.65/6 Part Saram Revenue Village Oulgaret Taluk Puducherry District 605 008 adjacent to a water body and in violation to the Notification No.RW/NH-33023/19/99-DO-III dated 24.07.2013 issued by the Ministry of Road Transport and Highways New Delhi.)
1. W.P. No.9613 of 2020 is filed to restrain the 7th respondent from setting up a petroleum retail outlet on Puducherry to Mamallapuram E.C.R Road. In W.P. No.10177 of 2020, the petitioner has laid challenge to the ‘No Objection Certificate’ (NOC) issued by the first respondent in favour of the eighth respondent, namely the Territory Manager (Retail), Bharat Petroleum Corporation Ltd., Trichy, in addition to the above relief.
2. The petitioner is an existing dealer of Bharat Petroleum Corporation Ltd in Puducherry. The proposed site for the new petrol/diesel outlet, which the 9th respondent establishes, is situated at National Highways, namely NH 332-A. Hence compliance of Ministry of Road Transport and Highways (MORTH) Notification No.RW/NH-33023/19/99-DO-III dated 24.07.2013 (in short MoRTH Norms), is mandatory for establishing the petroleum retail outlet in the proposed site.
3. The issuance of NOC for establishment of the proposed retail outlet is challenged by the petitioner on various grounds, namely:
(b) There are no service roads to the proposed site. The proposed site and the existing outlet are lying on the same side of NH 332-A;
(c) There is a water body adjacent to the site, which would pose serious health problems to the public and the residential lay out in that area;
(d) The petitioner had sent a representation to the first respondent expressing her objections on 23.12.2019, and the second respondent had afforded an opportunity of personal hearing on 19.02.2020 to the petitioner. According to her, no order has been passed. However, the 9th respondent was issued NOC for the new outlet.
(e) It is also stated that there are commercial and public building and school situate within a distance of 100 metres to the proposed site which shall pose health hazard to the public due to the presence of vapour in the petroleum atmosphere.
Thus stating the above, the petitioner has sought for cancellation of the No Objection Certificate issued by the first respondent in favour of the 8th respondent.
4. The first respondent, who is the District Magistrate, has filed a counter, stating that the ‘No Objection Certificate’ has been issued by the said authority, taking note of the fact that the population in the Union Territory of Puducherry is more than 12.00 Lakhs in 419 Sq. Kms. and the vehicle density is also the highest in the country. Hence
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