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SATISH CHANDRA SHARMA, UJJAL BHUYAN
Puttala Roshaiah, S/o. Abraham – Appellant
Versus
Union of India, Rep. by Its Secretary, Ministry of petroleum and Natural Gas – Respondent
ORDER:
(Satish Chandra Sharma, J.)
1. The petitioners before this Court have filed this present petition being aggrieved by the establishment of a retail outlet of Bharat Petroleum Oil Corporation Limited at Miryalguda alleging that establishment of retail outlet is in violation of the guidelines framed by Indian Road Congress, 2009.
2. Various grounds have been raised by the petitioners stating that there are houses near the proposed site and the retail outlet is going to be a threat for inhabitants of the locality and, therefore, appropriate writ, order or direction may be given to the respondents not to allow respondent No.10 for establishing a retail outlet.
3. A detailed and exhaustive reply has been filed in the matter and the facts reveal that the Bharat Petroleum Oil Corporation Limited way back in the year 2018 has issued an advertisement for setting up of a retail outlet and respondent No.10 was selected for the purposes of installation of retail outlet. LOI was issued in favour of respondent No.10 and thereafter the Bharat Petroleum Oil Corporation Limited submitted an application for grant of NOC for the proposed retail outlet at Sy.No.40 Tadkamalla Road, Miryalaguda Vi
Compliance with legal and environmental protocols in NOC issuance mitigates objections raised regarding safety and compliance with guidelines.
IRC Guidelines lack statutory force in NOC applications under the Petroleum Rules; local law designations govern suitability concerning residential proximity.
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 establishes that local objections are not material for NOC applications under Rule 144 of the Petroleum Rules, 2002.
There is no statutory prohibition against establishing retail outlets near residential areas if safety norms are met.
Non-mandatory nature of guidelines permits issuance of a No Objection Certificate despite public safety concerns.
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