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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
K. Sezhiyan – Appellant
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary, Department of Highways & Minor Ports, Chennai & Others – Respondents
W.P.No. 34058 of 2022 & W.M.P.Nos. 33520 of 2022 & 2900 of 2023
Decided On : 06-07-2023
NOC - Land Dispute - Indian Roads Congress (IRC) Regulations, Central Pollution Control Board Guidelines - IRC Regulations, Central Pollution Control Board Guidelines - The court discussed the violation of IRC Regulations and Central Pollution Control Board Guidelines in the issuance of NOC for establishing a petrol bunk, emphasizing the importance of protecting water resources and preventing contamination.
Fact of the Case:
The petitioner, a cultivating tenant, challenged the issuance of a No Objection Certificate (NOC) for establishing a petrol bunk on the land he was cultivating. The petitioner contended that the NOC was granted in violation of Indian Roads Congress (IRC) Regulations and Central Pollution Control Board Guidelines.
Finding of the Court:
The court found that the NOC granted was in violation of the guidelines issued by the Central Pollution Control Board and IRC, as the distance between the river bund and the storage tank was measured to be 37.4 meters, contrary to the initial measurement. The court emphasized the duty to protect water resources and prevent contamination, quashing the impugned NOC and directing the oil corporation to ensure no such permissions are granted within the prohibited area in the future.
Issues: The main issues were the validity of the NOC granted for establishing a petrol bunk in violation of IRC Regulations and Central Pollution Control Board Guidelines, and the protection of water resources from contamination.
Ratio Decidendi: The court's decision was based on the finding that the NOC was granted in violation of the guidelines, emphasizing the duty to protect water resources and prevent contamination.
Final Decision: The writ petition was allowed, quashing the impugned NOC and directing the oil corporation to ensure no such permissions are granted within the prohibited area in the future.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari and call for the records the impugned order C1/4984/2013 dated 03.06.2022 and the consequential endorsement in C1/4984/2013 dated 23.06.2022 passed by the 3rd respondent and quash the same.)
The NOC issued in proceedings dated 03.06.2022 by the Additional Collector (Revenue), Cuddalore District is under challenge in the present writ petition.
2. The writ petitioner states that he was inducted as a Cultivating tenant in Survey No.74/2B with an extent of 8 ares of Orathur Village within the Sub Registration District of Chidambaram in Cuddalore District. As per the Agricultural Tenancy Agreement dated 07.09.2010, he was inducted as a tenant by one Karunagaran, who was the owner of the property. Putting his personal labour and with the assistance of his family members, the petitioner is cultivating the said property. Meanwhile, the owner of the land Mr.Karunagaran sold the said property to the respondents 7 and 8 by way of registered Sale Deed dated 08.08.2013. The petitioner filed O.S.No.117 of 2016 on the file of District Munsiff Court, Chidambaram for permanent injunction, restraining the 3rd respondent from issuing NOC to the respondents 7 and 8 for establishing petrol bunk in the said property.
3. Considering the objections raised by the writ petitioner, the District Collector, Cuddalore District refused to issue NOC to the respondents 7 and 8 in three proceedings dated 03.11.2014, 30.12.2014 and 26.08.2015. Those orders passed by the District Collector, Cuddalore were not challenged by either of the parties.
4. Suppressing the fact regarding the rejection order passed by the District Collector, Cuddalore to grant NOC for establishing petrol bunk, the respondents 7 and 8 have obtained NOC on 03.06.2022 issued by the 3rd respondent. The petitioner was not served with a copy of the said NOC. Based on the NOC issued by the 3rd respondent, the 6th respondent is attempting to establish petrol bunk in the said property. Admittedly, the petrol bunk is not functioning and is under construction.
5. The learned counsel for the petitioner mainly contended that the respondents 7 and 8 has no right whatsoever to establish petrol bunk, since O.S.No.117 of 2016 is pending. It is contended that the NOC was granted in violation of the Indian Roads Congress (IRC) Regulations.
6. The IRC issued guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations. Clause 5 of the IRC Regulations stipulates “Plot Size for Fuel Station” and Clause 5.2 reads as under:
“5.2 From these considerations, the minimum size of the plot for fuel station along highways/roads shall be as follows:
(i) On undivided carriageway in plain and rolling terrain - 35m(frontage)x35m(depth)
(ii) On divided carriageway in plain/rolling terrain - 35m(frontage)x45m(depth)
(iii) In hilly and mountainous terrain – 20m(frontage)x20m(depth)
(iv) In urban stretches - 20m(frontage)x20m(depth)
7. Relying on the above guidelines, the learned counsel for the petitioner reiterated that a fraudulent measurement has been taken in collusion with the then Executive Engineer, one Mr.R.Selvakumar and based on such certificate, the impugned NOC was issued in violation of the guidelines as stated above.
8. The Central Pollution Control Board (Ministry of Environment, Forest and Climate Change) also issued an Official Memorandum on 16th August 2021, which is addendum to the guidelines for setting up of New Petrol Pumps issued on 7th January 2020. The addendum to the guidelines for setting up of New Petrol Pumps reads as under:
“a) All the surface water bodies irrespective of utility shall be protected from any possible contamination. These include lakes, ponds, streams, rivers, wetlands
The rejection of a No Objection Certificate based on unrecorded water bodies does not comply with statutory guidelines.
Compliance with legal and environmental protocols in NOC issuance mitigates objections raised regarding safety and compliance with guidelines.
IRC guidelines are directory for State Highways, and competitors can challenge violations, but the petition was dismissed for lack of merit.
IRC Guidelines lack statutory force in NOC applications under the Petroleum Rules; local law designations govern suitability concerning residential proximity.
The court established that while Indian Road Congress Guidelines are not mandatory in Tamil Nadu, they must be considered for public safety when processing applications for No Objection Certificates.
The court emphasized the necessity of bona fide actions in legal proceedings, ruling that compliance with environmental regulations must be demonstrated, rejecting claims that the NOC was improperly ....
Compliance with established safety norms is paramount for public health, and earlier approvals cannot bypass stricter subsequent regulations.
Compliance with location norms and guidelines, and the absence of requirement for NOC based on the proposed location of the petrol pump.
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