The main legal point established in the judgment is the careful analysis of the applicability of various laws, rules, and guidelines to the case, and the direction to ensure safety measures and traffic regulation while establishing and operating the retail outlet.

JUDGMENT

(Prayer: W.P.No.4321 of 2020 filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records pertaining to NOC dated 12.09.2019 in No.D.Dis.11529/2019/M3 on the file of the 4th and 6th respondents, issued in favour of the 3rd respondent to open and operate a New Road Side Retail Outlet of HPCL, adjacent to the petitioner St. Mary's Hr. Sec. School, Sriperumbudur, in Survey No.786/2A, Sriperumbudur Village, Sriperumbudur Taluk, Kanchipuram District and several public/residential buildings and quash the same. [Prayer amended as per the order dated 06.07.2020 made in WMP.No.10861 of 2020]

W.P.No.2951 of 2022 filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus to call for the records of the Final Explosives License No.P/SC/TN/14/8699 (P431356) dated 03.03.2020 and the consequential Amended Site Layout Drawing dated 02.09.2020 on the file of the 2nd respondent and quash the same and consequently restraining the 3rd respondent from commissioning and operating the proposed Road-side Petroleum Retail Outlet on NH-48 at Survey No.786/2A1, Sriperumbudur Taluk, Sriperumbudur Village, Kancheepuram District.)

COMMON ORDER

1. W.P.No.4321 of 2020 has been filed by the petitioner school to challenge the No-objection Certificate dated 12.9.2019 granted by respondents 4 and 6 in favour of the third respondent, alleging it to be in violation of the relevant Rules and instructions.

2. The second public interest litigation, being W.P.No.2951 of 2022, has been filed by the petitioner school to challenge the final explosive licence dated 3.3.2020 and consequential amended site layout drawing dated 2.9.2020, and to consequently restrain the third respondent from commissioning and operating the proposed Road-side Petroleum Retail Outlet on NH-48 at Survey No.786/2A1, Sriperumbudur Taluk, Sriperumbudur Village, Kancheepuram District.

3. Learned Senior Counsel for the petitioner submits that the petitioner school is established and administered by Roman Catholic Missionaries and these writ petitions have been filed in public interest to challenge the no-objection certificate, the final explosive licence so as the amended site layout drawing which have been issued in ignorance of the various provisions of law and the instructions. It is submitted that the establishment of petroleum retail outlet would otherwise affect the operation of the school and the lives of the children would be put in danger, for the reason that the licence as well as the site plan have been approved in ignorance of the fact that adjoining the wall of the school, the retail outlet would be established.

4. Learned Senior Counsel for the petitioner submits that the no-objection certificate dated 12.9.2019 has been issued by respondents 4 and 6 in ignorance of the fact that the provisional approval granted by the NHAI on 27.3.2018 was only for a period of one year and the period aforesaid expired on 26.3.2019, yet noobjection certificate dated 12.9.2019 was given to open retail outlet. On this ground itself, the no-objection certificate deserves to be set aside.

5. The next ground taken by learned Senior Counsel for the petitioner is in reference to the nature of the land. He submits that the land in question is an agricultural land/wet land and, thus, cannot be used for commercial purpose without its conversion. The petitioner has produced the Collector's report dated 26.11.2021 to indicate that the land on which retail outlet is to be established has not been converted. Thus, the no-objection certificate to establish the retail outlet has been granted in violation of Section 47-A of the Tamil Nadu Town and Country Planning Act, 1971 [for brevity, “the Act of 1971”]. The wet land cannot be used for commercial purpose, but ignoring the aforesaid and even the revenue record, the no-objection certificate has been granted by the District Revenue Officer. Thus, on the aforesaid ground also the no