JASMINE SIRAJUDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) All these appeals arise out of dismissal of writ petitions filed seeking No Objection Certificates for starting petroleum retail outlets. Common judgment has been passed mainly placing reliance on IRC guidelines for access, location and layout of roadside fuel stations and service stations prescribed by Indian Roads Congress (IRC).

(2.) Facts in brief are as follows: For obtaining licence for establishing petroleum retail outlets, No Objection Certificate of the District Authority under Rule 144 of the Petroleum Rules, 2002, framed under the Petroleum Act , 1934 is a mandatory prerequisite. The issue involved is whether NOC for establishing petroleum outlets could be denied on the ground that the proposed site for the retail outlet is not conforming to the Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Roads Congress and the Norms for access for Fuel Stations, Service Stations and Rest Areas along National Highways prescribed by the Ministry of Road Transport and Highways (MORTH Norms). Writ court found that these batch of cases comprise of different categories. One category of cases deals with petitions, in which dealers selected by the oil marketing companies are seeking orders directing the District Authorities under the Rules to consider the applications preferred for No Objection Certificates in respect of their outlets without insisting compliance of IRC Guidelines and MORTH Norms. The next category of cases are similar to the first category, in which the petitioners could secure interim orders from the writ court, directing consideration of the applications for No Objection Certificates, without insisting compliance of IRC Guidelines and MORTH Norms, subject to the outcome of the writ petitions. Rest of the cases in the batch are similar to the second category, in which the petitioners could secure No Objection Certificates provisionally on the strength of interim orders passed by this Court.

(3.) After considering the rival submissions and upon perusal of the materials on record, writ court dismissed the writ petitions subject to the observations made in paragraph 21 of the judgment. In paragraph 21 of the judgment, writ court observed thus: