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SAUMITRA DAYAL SINGH, MANJIVE SHUKLA
Santosh Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Reply to the personal affidavit filed today is taken on record.
2. Heard Sri Neeraj Shukla alongwith Sri Prabhakar Kumar Mishra, learned counsel for the petitioner; Sri M.K. Maurya, holding brief of Sri Nishant Mehrotra, learned counsel for respondent Corporation and Sri Arimardan Singh Rajput, learned Additional Chief Standing Counsel for the State-respondents.
3. Challenge has been raised to the order dated 29.3.2022 rejecting the petitioner's application to be issued a No-Objection-Certificate (NOC in short) to establish a petroleum retail outlet at Village & Post - Unchgaon, Tehsil - Machhalishahar on Shahganj - Prayagraj SH-7 Road, District - Jaunpur, U.P.
4. Undisputedly, the petitioner has been selected by Hindustan Petroleum Corporation Ltd. (HPCL in short) to establish the above described petroleum retail outlet. Letter of Intent (LOI in short) has also been issued in favour of the petitioner by HPCL, on 6.3.2020. Almost four years have passed since then. Petitioner has not been able to establish the petroleum retail outlet, primarily, owing to non-completion of formalities by the civil authorities. In that, the petitioner applied for grant of NOC by respondent No.
Criminal history does not disqualify an applicant for a No-Objection-Certificate if not specified in the eligibility criteria, as determined by the relevant authority.
The court established that the mere pendency of a criminal case cannot justify the denial of a No Objection Certificate under the Petroleum Rules.
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.
The issuance of an NOC prior to the filing of a writ petition removes grounds for contesting its validity.
Compliance with legal and environmental protocols in NOC issuance mitigates objections raised regarding safety and compliance with guidelines.
There is no statutory prohibition against establishing retail outlets near residential areas if safety norms are met.
The definition of protected works in petroleum regulations does not encompass fireworks shops, allowing for the establishment of petroleum outlets under specific distances.
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