BANSI LAL BABBAR Vs. STATE OF DELHI

JUDGEMENT

(1.) The petitioner has sought the quashing of the impugned order dated 09.10.2001 to the extent that the petitioner has been directed to obtain a 'No Objection Certificate' from the Fire Department. The impugned order has been passed by the Joint Director (East), Office of the Commissioner of Industries, Government of NCT of Delhi. In the impugned order, it is directed as under:-

(2.) The petitioner is aggrieved by the said order to the extent that the condition of obtaining an NOC from the Fire Department within 4 months has been imposed on him. He is also aggrieved by the fact that if the NOC is not obtained within 4 months, it has been directed that the petitioner's licence would be cancelled.

(3.) The petitioner carries on the trade and business of selling mobile oil and grease from his shop at 441/8, Jheel Chowk, Delhi-110051. Learned counsel for the petitioner submitted that in terms of the Petroleum Act, 1934, and in particular section 2 (bbb) thereof, the petitioner deals in mobile oil and grease falling under Petroleum class 'C' products or in other words 'petroleum products having a flash point of 65C and above but below 93C. He further pointed to the provisions of section 7 which clearly indicate that no licence is necessary for the transport or storage of limited quantities of petroleum class 'C' products. The limit being 45000 litres of petroleum. The learned counsel for the petitioner submitted that the petitioner does not hold more than 45000 litres of petroleum and would be clearly covered u/s 7 (ii) of the said Act and, therefore, no licence for storing or dealing in the petroleum class 'C' products would be necessary. On the basis of this, the petitioner submits that the requirement for obtaining an NOC is redundant and is of no effect.