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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
SRI. SHIBU K. – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
| Table of Content |
|---|
| 1. challenge against noc based on wetland claims. (Para 1 , 2 , 3) |
| 2. court requirement for revenue records in wetland assessments. (Para 4 , 5 , 6) |
| 3. legal considerations regarding administrative noc processes. (Para 7 , 8 , 9) |
| 4. final ruling dismisses writ petition. (Para 10) |
JUDGMENT
1. The petitioner has filed this Writ Petition challenging Ext.P8 order of the 2nd respondent by which NOC under Rule 144 of the Petroleum Rules , 2002, is granted in favour of the 3rd respondent - oil company in order to enable the respondents 5 and 6 to start a petroleum outlet. Petitioner claims that he is the neighbour of the property in which the petroleum outlet is proposed to be started, which belongs to respondent No.5.
2. The contention of the petitioner is that Ext.P8 order is in violation of Ext.P9 Guidelines issued by the Central Pollution Control Board, which provides that there shall not be any lakes, ponds, streams, rivers, wetlands, canals and creeks, as per revenue records, that are situated within the distance of 50 meters from the proposed site. In order to prove the existence of canals within the prohibited distance of 50 meters, the petitioner has taken out a comm
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