ALOK JAIN, J. (Oral) The present petition is for issuance of writ in the nature of certiorari seeking quashing of No Objection Certificate dated 20.06.2024 (Annexure P-6) issued by respondent No. 3 for commencing a petrol pump retail outlet in favour of respondents No. 7 and 8.

Learned counsel for the petitioner has submitted that the petitioner is the owner in possession of the adjoining property where petrol pump is proposed to be set up and since, marriage palace and a significant number of people gather there at a 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15473-2024 Date of Decision:-09.07.2024 ……Petitioner ……Respondent ALOK JAIN Advocate for the petitioners.

Mr. Bharat Bhushan Sharma, Senior Panel Counsel Mr. Amit Chaudhary, DAG, Punjab.

Mr. Vaibhav Sehgal, Advocate for respondent No. 9.

The present petition is for issuance of writ in the nature of certiorari seeking quashing of No Objection Certificate dated 20.06.2024

6) issued by respondent No. 3 for commencing a petrol pump retail outlet in favour of respondents No. 7 and 8.

Learned counsel for the petitioner has submitted that the petitioner is the owner in possession of the adjoining property where the and since, the adjoining property is a marriage palace and a significant number of people gather there at a 1 2024 .2024 ……Petitioner ……Respondent The present petition is for issuance of writ in the nature of certiorari seeking quashing of No Objection Certificate dated 20.06.2024

6) issued by respondent No. 3 for commencing a petrol pump Learned counsel for the petitioner has submitted that the the the adjoining property is a marriage palace and a significant number of people gather there at a 1 of 4 ::: Downloaded on - 16-07-2024 01:55:43 :::

particular time Building Bye

3. crackers are generally used by the guest pose a danger to the life of not only the the petitioner’s property He has also submitted NOC has not looked into the aspect that the and the proposed petrol pump share a common wall he has sent representations to been looked into by the authorities in the correct perspective.

4. of respondents No. 7 and 8 a appearance and files his Power of Attorney on behalf of the respondent 9 in Court today, which is taken on record, has submitted that they have commenced the operation of the after getting competent authorities.

pump have commenced and there has been no violation of law.

5. and the requirement of clause 8.4 read with the 15473-2024 particular time, therefore, there is violation of the Punjab Municipal Building Bye-Laws, 2018 especially rule 8.4, which reads as under:

“Petrol filling station provides that the location of the petrol filling stations and its layout shall be approved by the Municipal Council with respect of nearness to occupancies of educational, assembly, storage and hazardous uses.

He further submits that during the marriage functions are generally used by the guests danger to the life of not only the guest petitioner’s property, but also to the life of the general He has also submitted that the Deputy Commissioner before granting the NOC has not looked into the aspect that the and the proposed petrol pump share a common wall sent representations to various authorities but the same have not been looked into by the authorities in the correct perspective.

Mr. Ashish Kapoor, Advocate has put in appearance on behalf of respondents No. 7 and 8 and Mr. Vaibhav Sehgal, Advocate has put in appearance and files his Power of Attorney on behalf of the respondent in Court today, which is taken on record, su submitted that they have commenced the operation of the getting clearance and requisition of all the permission competent authorities. They further submit that the operations of the petrol pump have commenced and there has been no violation of law.

He further submits that there is no violation of and the requirement of clause 8.4 read with the 2 , therefo