A No Objection Certificate (NOC) for a petroleum retail outlet cannot be refused without providing the applicant an opportunity of being heard, as mandated by the proviso to Rule 149 of the Petroleum Rules, 2002.

PRAYER : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned order in Mu.Mu.2952/2024/E2 dated 14.06.2024 passed by the 1st respondent and quash the same as illegal, improper, unreasonable, against the principles of natural justice and consequently direct the 1st respondent to issue No Objection Certificate for the establishment of the MS/HSD retail outlet dealership at Survey No. 201/2A of Chengapalli Village, Uthukkuli Taluk, Tiruppur District, Tamil Nadu within the period specified by this Court

ORDER

The writ petitioner is the Hindustan Petroleum Corporation who seeks to challenge the order passed by the first respondent dated 14.06.2024 in Mu.Mu.2952/2024/E2 and consequently direct the first respondent to issue 'No Objection' for establishment of MS/HSD Retail Outlet Dealership at Survey No.201/2A of Chengapalli Village, Uthukkuli Taluk, Tiruppur District.

It is the case of the petitioner that the petitioner-Corporation on 28.06.2023 had issued a notification via newspaper advertisement for establishing MS/HSD petroleum retail outlet dealership between KodiampalayamNaal Road and Chengapalli on SH 81 under ST category. Pursuant to the aforementioned advertisement, one Kamaraj Vairan, the third respondent had come forward to offer a piece of land measuring 1225 sq.mtr., in the subject property, vide his application dated 27.09.2023. On completing the formalities, the petitioner-Corporation had issued a Letter of Intent in favour of the third respondent on 17.01.2024. In order to fulfill the statutory requirement and to establish the retail outlet, the petitioner had requested the first respondent to grant a No Objection Certificate under Rule 144 of the Petroleum Rules, 2002, vide his application dated 13.01.2024.

Upon receipt of the petitioner's application, the District Revenue Officer, Tiruppur, the first respondent had conducted an enquiry. The petitioner-Corporation had also obtained the NOCs from the following Departments :

(a) NOC dated 01.03.2024 issued by the District Environmental Engineer, Tiruppur;

(b) NOC dated 06.03.2024 issued by the Chairman / Executive Office, Tiruppur;

(c)NOC dated 23.02.2024 issued by the Joint Director, Agriculture, Tiruppur;

(d)NOC ated 23.02.2024 issued by the Fire Safety and Rescue Department;

(e)NOC dated 08.04.2024 issued by the Police Department, Tiruppur;

(f) NOC dated 26.04.2024 issued by the Sub Collector, Tiruppur.

Subsequently, on 22.04.2024, the Divisional Engineer (Highways), Tiruppur, the second respondent herein had issued a report stating that the plot offered for petrol outlet was not in square dimension but was slanted, and this dimensions of the plot is not as per G.O.(Ms) No.25 [Highways and Minor Ports (HN.2) Department] dated 24.02.2022. This G.O.No.25 was passed by adopting the guidelines in IRC 12-2016 which provides the size of plot for fuel station should be 35 x 35 mtrs. Therefore, by relying upon the report of the Highways Department dated 22.04.2024, the first respondent had unilaterally rejected the grant of NOC, without affording an opportunity of hearing to the petitioner. Aggrieved by the same, the petitioner is before this Court.

The learned counsel appearing for the petitioner would submit that though the respondents 1 and 2 would reiterate that the said G.O came to be issued by relying on IRC Guidelines, however, the said Government Order was not issued by following the guidelines as set out in the IRC guidelines. As per Guideline 5.1, the size and shape of a plot for putting up a fuel station need to be such that, it could comfortably accommodate fuel pumps, offices, stores, compressor room, air pump and koisks as well as easy access and exit from the plot. Following the above, Clause 5.2 of IRC Guidelines provides that the minimum size of the plot for fuel station should have a frontage with 35 mtrs and the depth being 35 mtrs. How