JUDGMENT :

1. The present writ petition has been filed as a Public Interest Litigation (hereinafter referred to as “PIL”) under Article 226 of the Constitution of India (hereinafter referred to as “the Constitution”), read with Rule 385-E of the Rajasthan High Court Rules, 1949, assailing the alleged unlawful action of the respondents in non-adhereance and con-compliance of the laws enacted by the Government of Rajasthan for establishment of petrol pump retail outlet; and establishing of petrol pump retail outlets in complete contravention to the judgment and order passed by the learned Tribunals and Courts. The present petition has been filed with the following prayers:

(a) To quash and set aside the NOC so issued (Annex. 36 to Annex. 43) or in alternative direct the defaulters to comply by the mandatory requirements before establishment of the retail outlet.

(b) The respondents may further be directed to ensure all the existing and proposed retail outlets to adhere to provisions of law, norms and guidelines as referred in the writ petition.

(c) The respondents may be directed to take appropriate action against the defaulters not complying by the provisions of law, norms and guidelines.

(d) Any other appropriate writ or order or direction which is favorable to the petitioner in the facts and circumstances of the case may kindly be granted to the petitioner.

(e) Costs of the litigation be granted in favour of the petitioner.

2. Learned counsel for the appellants at the outset, have unanimously submitted that the petitioner is an association constituted for welfare of traditional retail outlet dealers and the same is registered with the government of Rajasthan; and that the present petition has been filed for welfare of general people by the President and Secretary of the petitioner. It is submitted that the present PIL is one of the umpteen litigation, which is initiated by the petitioner, seeking appropriate reliefs from various fora.

3. It is further submitted that the petitioner does not oppose the development and expansion of petroleum products or establishment of retail outlets, particularly in remote areas, which facilitates availability of fuel, entrepreneurship and employment. However, such development must necessarily be undertaken in strict compliance with the laws, notifications, circulars, orders and safety/environmental norms framed by the competent authorities. Learned counsel further submitted that the expansion of retail outlets has to be balanced with the requirements of environment, public safety, essential supplies and the well-being of the public at large. The Government of India and the State Government have framed various enactments, notifications, circulars, guidelines and orders governing the establishment of retail outlets, but the petitioner submits that the mandatory requirements contained therein have not been adhered to while granting the impugned NOC.

4. For illustrative purpose, learned counsel has drawn the attention of the Court upon the No Objection Certificate (hereinafter referred to as “NOC”) issued by the Ministry of Environment and Forest, Government of India, and submitted that therein guidelines for protection of roadside forests/plantations and, with reference to the Forest (Conservation) Act, 1980, prescribed norms concerning retail petrol pumps. The orders dated 15.07.2004, 10.02.2005, 14.02.2006, 19.01.2011 and 02.01.2012 (Annexure-3 to 7) prescribe, inter alia, that the minimum distance between two fuel stations on each side of the road should not be less than five kilometres outside city limits/highways. Despite the aforesaid norms, consultation with the Forest Department is not carried out. It is further submitted that the requirement of obtaining an NOC from the Ministry of Environment in the concerned area is recognised; however, while granting NOC, the District Collector does not take into consideration the said Ministry norms.

5. It is further submitted that the Government of Rajasthan