JUDGMENT :

(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of certiorarified mandamus calling for the records of the impugned no objection certificate No.4178 / SDMY / D3/ Petrol / 2021 – 22 dated 12.01.2022 issued by the Regional Administrator-cum-Sub-Divisional Magistrate, Yanam, Government of Puducherry and to quash the same as non-est, ultra vires & void-ab-initio in the eyes of Law and consequently to direct the Project Director, Ministry of Road Transport and Highways, Government of India, Project Implementation Unit, Machilipattinam, Vijayawada to cancel and annul the in-principle approval letter dated 22.12.2021 for grant of No Objection Certificate and access permission for laying approach road to M/s.Hindustan Petroleum Corporation Limited to set up a retail outlet for MS (Petrol) / HSD (Diesel) at Town Survey NO.C/7/16/1C Pt., C/7/13/4B Pt., C/7/13/5A Pt., Kanakalapeta, Yanam, Union Territory of Puducherry by declaring the same as illegal, sham, vitiated, without application of mind, contrary to guidelines.)

The petitioner is running a petroleum filling station and they have challenged the No Objection Certificate dated 12.01.2022 issued by the first respondent and in-principle approval letter dated 22.12.2021 issued by the second respondent in favour of the sixth respondent for resitement of the petroleum outlet of the HPCL from Rural Yanam to National Highways as contemplated in Rule 1.5 & 1.6 of the guidelines issued for resitement of retail outlet dealership by HPCL.

2. According to the petitioner, duty is cast upon the first respondent to ascertain from the licensee regarding the necessity of resitement of HPCL petrol bunk from Rural Yanam to National Highways, Yanam, more particularly, when no documents have been filed by the sixth respondent to the first respondent regarding the grant of approval by Director (M) as stated in Rule 1.6 of the guidelines mentioned supra. According to the petitioner, the fourth respondent had issued communication dated 26.06.2020 under the captioned subject namely “Guidelines/Norms for grant of permission for construction of access to Fuel Stations, way side amenities, connecting roads, other properties, Rest Area Complexes & such other facilities” wherein Clause 4 (ii) clearly stipulates that “30 meter as frontage and Depth”. According to the petitioner, the proposed HPCL outlet of the sixth respondent does not have 30 meter depth.

3. According to the petitioner, it is mandatory for the first respondent to verify and ascertain whether there exists 30 meter depth as per clause 4(ii) referred to supra before issuing the impugned no objection certificate as according to the petitioner, after excluding the right of way-line (ROW) of National Highway, the proposed HPCL outlet does not have 30 meters depth. Hence according to the petitioner, No Objection Certificate has been issued glaringly to the sixth respondent by violating the guidelines.

4. According to the petitioner, the Central Pollution Control Board, Delhi through Office Memorandum dated 07.01.2020 has issued guidelines for setting up of new Petrol Pumps in compliance with the Order of the National Green Tribunal dated 18.01.2019 passed in O.A.No.86 of 2019. According to the petitioner, the first respondent before issuing the impugned No Objection Certificate dated 12.01.2022 ought to have ascertained from the Puducherry Pollution Control Board (fifth respondent herein) as to whether the proposed HPCL outlet is in consonance with the guidelines for setting up of New Petrol Pump station.

5. According to the petitioner, it is mentioned in the impugned No Objection Certificate dated 12.01.2022 that “... additional safety measures as prescribed by PESO shall also be implemented since the radial distance of proposed Retail Outlet is less than 50 meters from the nearest Residential zone ....”. Accord