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VINOD S. BHARDWAJ
Indian Oil Corporation Ltd. – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vinod S. Bhardwaj, J. (Oral)
The instant writ petition has been filed for seeking issuance of directions to the respondents to decide the pending request/application for grant of 'No Objection Certificate' for setting up of a retail outlet under Rule 144 of the PETROLEUM RULES , 2002.
2. The petitioner-Indian Oil Corporation is a Government owned Company and had entered into a lease agreement with one Jasbir Singh Bal for an area measuring 2025 sq. meters as per the jamabandi for the years 1999-2000 situated in village Heir, Tehsil and District Amritsar vide registered lease deed dated 28.05.2003 for a period of 30 years. The details of the above land are mentioned in paragraph No.2 of the present petition. An application for seeking NOC for establishing a retail outlet was submitted with the District Magistrate, Amritsar, under Rule 144 of the PETROLEUM RULES , 2002 and was initially granted by respondent No.2 on 31.03.2003 (Annexure P-2). The retail outlet was duly made functional. Thereafter, the regular dealer was appointed by the Company. A writ petition, however, was filed by the lesser before the Hon'ble High Court of Delhi which was dismissed on 08.02.2008. The SLP
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition, especially in cases where there has been a violation of the principle of natural justice ....
Pendency of criminal cases cannot justify refusal of No Objection Certificate; presumption of innocence is a fundamental principle.
Compliance with legal and environmental protocols in NOC issuance mitigates objections raised regarding safety and compliance with guidelines.
The court establishes that local objections are not material for NOC applications under Rule 144 of the Petroleum Rules, 2002.
A No Objection Certificate for establishing a Petroleum Retail Outlet can be issued if the applicant is in lawful possession of the site through a leasehold arrangement, despite objections from nearb....
The issuance of an NOC prior to the filing of a writ petition removes grounds for contesting its validity.
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