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VINOD S. BHARDWAJ
Indian Oil Corporation Ltd. – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. granting of no objection certificate request. (Para 1 , 2) |
| 2. issues surrounding the cancellation of noc. (Para 3 , 4 , 5) |
| 3. pending application and related legal proceedings. (Para 6 , 7 , 8) |
| 4. withdrawal of civil suit influences noc decision. (Para 9) |
| 5. court directs decision on pending noc application. (Para 10) |
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
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.
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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