IRC guidelines for retail outlet establishment are not mandatory and lack statutory force, affecting NOC issuance.

For R2 to R4 : Mr.S.Shanmugavel Additional Government Pleader For R5 : Mr.K.Muralidharan Advocate ORDER The writ petition has been filed challenging the impugned proceedings in Ka.No:1020/2020/EvaA2, refused to grant No Objection Certificate by the respondent No.4, by its communication dated

15.07.2020, on the ground that they proposed a place to set up a Petrol- Diesel retail outlet is not fulfilled under the Rules and guidelines of “Indian Road Congress 2009” (hereinafter referred as “IRC 12-2009”)

norms.

2. In the year 2018, the respondent No.5, published the advertisement for establishment of Petrol-Diesel retail outlet in various places, as a part of rural development by Oil Marketing Companies. The petitioner applied for the same and he was granted with the dealership to establish Petrol-Diesel retail outlet. Therefore, the petitioner had purchased land comprised in S.No.573/1 situated at Panpoli Village, Senkottai Taluk, Tenkasi District, in accordance with IRC 12-2009. 3. The petitioner ought to have obtained No Objection Certificate from the Departments of Revenue, Police, Fire, the other Departments had also issued No Objection Certificate to establish Petrol-Diesel retail outlet, in the land purchased by the petitioner.

4. However, the respondent No.4/The Divisional Engineer, Highways (C & M), Tenkasi District, refused to grant No Objection Certificate for the reason that the said proposed place is not in accordance with the guidelines of IRC 12-2009.

5. Further, the petitioner was informed that there is an intersection road within 300 metres from the proposed site, which is against IRC 12-2009 norms. The norms of the IRC 12-2009, have no statutory force and the said need not to be followed mandatorily.

6. On perusal of the counter filed by the respondent No.4 and the submissions made by Mr.S.Shanmugavel, learned Additional Government Pleader for R2 to R4, it revealed that proposed place for setting up of fuel outlet is situated within the radius of 300 meters of intersection of Rural Roads/Approach Roads, that is situated within the radius of 260 metres. Therefore, the place does not comply with Section 4.5.1 of IRC 12-2009. Further, as per Section 5.2 (i), the size of the plot should be 35m (frontage) x 35m (depth) but the proposed site size is 34.20m(frontage) x 35m (depth) which does not comply with IRC 12-2009 guidelines. This issue is already dealt by this Court reported in [(2021) SCC Online Mad 2860] in the case of A.Periyasamy Vs. Deputy Director and Ors and A.Periyasamy and Anr Vs. The District Magistrate and Ors. The relevant portions of the order read as follows:-

Indeed, several Division Bench judgments have been cited on either side and though there is an odd decision that the IRC:12-2009 guidelines ought to be adhered to, there are more Division Bench judgments that refer to the guidelines not being mandatory or a part of any prescribed statutory rules that would operate whenever a new petrol or diesel retail outlet is about to reopen. The Supreme Court judgment cited would also not apply since the tender terms in that case required any person wanting to open a retail store in terms of the advertisement to adhere to the applicable norms and the tender terms specifically provided for adherence to the rules and sub-rules of the local PWD. In view of the several Division Bench judgments of this court, including the one rendered on October 17, 2019 reported at 2019 SCC OnLine Mad 8587 ( Durairaj Venkatachalam vs. Additional Chief Secretary, Revenue and Disaster Management Department ) and another rendered on W.P. (MD) No.2895 of 2020 ( M.G.Saravanan W.P.Nos.34652 of 2019 and 7280 of 2020 vs. The Commissioner of Police ) da