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2025 Supreme(Online)(Ker) 46755

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
ASWIN BALACHANDRAN – Appellant
Versus
HINDUSTAN PETROLEUM CORPORATION LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: P.RAMAKRISHNAN, PREETHI RAMAKRISHNAN, PRATAP ABRAHAM VARGHESE, MANOJKUMAR G, ASHOK MENON, ASHA TREESA JOSEPH
For the Respondents: M.GOPIKRISHNAN NAMBIAR, P.A.GIREESH KUMAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS, PAULOSE C. ABRAHAM, RAJA KANNAN, AKHILA NAMBIAR, RAMOLA NAYANPILLY, RASHMI K M, SR.GP

Table of Content
1. challenge to noc rejection based on distance from water body. (Para 2)
2. distance measurement rule clarified and procedural fairness emphasized. (Para 5 , 6)

J U D G M E N T

Petitioner has approached this Court seeking to set aside Ext.P3 order dated 26.06.2025 issued by the 3rd respondent. By the impugned order, the 3rd respondent rejected request for NOC under Rule 144 of the Petroleum Rules submitted by the 1st respondent – company. Petitioner had offered his land to establish a retail petroleum outlet.

2. The 3rd respondent rejected the request for NOC for the reason that as per the guidelines issued by the Central Pollution Control Board, retail petroleum outlets are not permissible within 50 Meters of radius of Lakes, Ponds, Streams, Rivers, Wetlands, Canals, Creeks etc. The 3rd respondent has noted in Ext.P3 that the Secretary of the Grama Panchayat had reported that a stream is situated within 50 Meters from the boundary of the property wherein the petroleum outlet is proposed to be established. The 3rd respondent also noticed that Village Officer has reported that another stream was found at a distance of 30.2 Meters from the boundary of the property of the

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