SUVARNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The prayer in this writ petition is to quash the 'No Objection Certificates' issued by the Health Officer, Bruhat Bengaluru Manahangara Palike (BBMP) and the Commissioner of Police, Bengaluru City, in favour of the 6th respondent, permitting stocking of 25 KL of Motor Spirit and 30 KL of HSD for retail outlet of petrol pump/fuel station at property bearing Municipal New No.17, Old Nos.161 and 162, 12th main road, Mahalakshmi Layout, Bengaluru.

(2.) The petitioners are the residents and neighbours of the property in which the 6th respondent has obtained permission to establish a petrol pump/fuel station. The contention of the petitioners is that the 'No Objection Certificates' (hereinafter referred to as 'NOCs', for short) have been issued in fragrant violation of the statutory provisions, including, but not limited to the Revised Master Plan 2015 (RMP) and the Zoning Regulations framed under the RMP. The other contentions are that the objections filed by the petitioners and other residents of the locality have been ignored; the Health Officer of the BBMP has abdicated his responsibility in applying his mind and not arriving at an independent decision and has merely relied upon the permissions/NOCs granted by the Karnataka Fire and Emergency Services Department; the Commissioner of BBMP and the Health Officer have ignored the opinion of the Planning Authority i.e., Bangalore Development Authority (BDA) which had opined that the property does not meet the requirement for establishment of a petrol pump/fuel station.

(3.) On an earlier occasion, petitioner No.2 herein along with two other persons had filed a Public Interest Litigation in W.P.No.8859/2020. However, since personal allegations were made against petitioner No.2 herein, the said writ petition was withdrawn with liberty to file a fresh petition for protecting the rights of the petitioners. The Hon'ble Division Bench, by order dated 20.08.2020, disposed of W.P.No.8859/2020, reserving liberty to file a fresh petition, while observing that no adjudication was made on the merits of the controversy.