Judgment

S.K. Mishra, J.

In this case, the petitioner company has prayed for a direction to the opposite parties to accept the status of deemed grant of permission under Section 16(8) of the Orissa Development Authorities Act, 1982 (hereinafter referred to as the “Act”) and further to direct the opposite parties not to interfere with the petitioner’s lawful activities at the Pump Fill Station set up at Angul and to allow the petitioner to carry on the operations at the said Pump Fill Station. Finally, it has also prayed to quash Annexure-14, the letter issued by the Secretary, Talcher-Angul-Meramandali Development Authority, Angul directing the petitioner to stop the development activities.

2. The petitioner is engaged in the manufacture of Oxygen, Nitrogen, Argon and other products, in both gaseous and liquid form. It has set up air separation plants of huge capacity at various locations across India. The products manufactured in liquid form in those plants are taken to different Pump Fill Stations located at various locations throughout the country. At the Pump Fill Stations, the products in liquid form are filled into smaller cylinders, so as to enable the use of these products by smaller consumers. The only activity the petitioner carries out at these Pump Fill Stations is the filling of Oxygen, Nitrogen and Argon from bulk containers into small cylinders. The petitioner has set up and been operating these Pump Fill Stations at different locations in due compliance with all requirements of law, without any safety related issue for several years now.

3. With an intention to set up a Pump Fill Station at Angul, the petitioner purchased about 91 cents/decimals or 0.91 acres of land at Angul, vide sale deed dated 25.04.2008, which has been converted for industrial use under Section 8A of the O.L.R. Act. The R.O.R. in respect of the said land issued in favour of the previous owner clearly indicates that the said land is meant for industrial use. The petitioner applied for and obtained all requisite approvals for the construction of the Pump Fill Station at the said land. The petitioner received the site lay out and construction approval from Petroleum and Explosives Safety Organization under the Government of India in Ministry of Commerce and Industry. The petitioner was granted consent to establish the Pump Fill Station from the Orissa State Pollution Control Board.

4. The village Panchayat of Balukata Gram Panchayat, through its Sarpanch also granted the permission to the petitioner for construction of the Pump Fill Station on 30th August, 2008, by way of a resolution passed at the village committee meeting held on 15th August, 2008. A clearance certificate about the compliance of all fire prevention measures and the good conditions of the same has also been issued by the District Fire Office, Fire Station, Angul on 23.11.2011. The Directorate of Factories and Boilers, Odisha has also granted approval for the lay out plan and building plan of the Pump Fill Station.

5. The petitioner on 30.09.2008 applied to opposite party no.2 by making an application under Section 16 of the Act seeking permission for construction of the plant, accompanied with the required fees and documents. The petitioner was not communicated with any decision either of grant or refusal of permission within two months from the date of the receipt of the application. The petitioner again on 30.11.2008 made another application under Section 16(7) of the Act drawing attention of the Vice-Chairman of the Authority with regard to its application. Such application was sent through registered post. Even after lapse of one month of receiving such letter, no communication was received from opposite party no.2.

6. Thus, it is submitted by the learned counsel for the petitioner that by operation of Section 16(8) of the Act, the petitioner has been accorded deemed grant of permission of the construction. It is clear that opposite party no.2 has received the second appli