MARYSADAN PROJECTS PVT. LTD. Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ petition is filed to quash Ext.P12 letter, and direct the 1st respondent to issue a No-Objection Certificate (NOC) in favour of the 5th respondent Corporation, to commission a petroleum retail outlet in the petitioner's property.

(2.) The petitioner has preferred an application before the 5th respondent to establish a petroleum retail outlet in their property. The 5th respondent has forwarded the petitioner's application with a letter of intent to the 1st respondent for permission under the Petroleum Rules. The 1st respondent called for reports from the statutory authorities. By Ext.P5 report, the Malayattoor Neeleswaram Grama Panchayath has certified that there are no residential buildings within 50 meters from the proposed retail outlet. Similarly, by Ext.P7 report, the Fire and Rescue Department has issued a NOC. However, the 4th respondent has submitted Ext.P9 report to the 3rd respondent stating that there are no schools, hospitals, river, streams, canals, thodu or water sources, but there is a 'nilam' within 50 meters from the proposed outlet with no water source. Consequently, the 2nd respondent conducted physical inspection of the property and he was satisfied that the petitioner's property is 'purayidam'. Subsequently, the 1st respondent has sought for a clarification from the 4th respondent. By Ext.P11 report, the 4th respondent has stated that the petitioner's property is a 'converted purayidam' as per the Basic Tax Register (BTR) and there is no water source within 50 meters from the retail outlet. Even though the adjacent property is classified as 'nilam' in the BTR, the same is also converted land and there are buildings constructed in the property. After the receipt of all the reports, the 1st respondent has sent Ext.P12 communication to the petitioner reporting that, as wet land would also fall within the category of nilam and there is a wet land within 50 meters from the proposed outlet, the application for NOC cannot be considered. Ext.P12 letter is issued on a misinterpretation of the Central Pollution Control Board norms. The norms only stipulate that there should not be any water source or wet land within 50 meters from the petroleum retail outlet. Ext.P12 letter is erroneous and is issued without any application of mind. Hence, Ext.P12 letter may be quashed.

(3.) The 2nd respondent has filed a counter affidavit refuting the allegations in the writ petition. He has contended that, as per the addendum to the guidelines of the Central Pollution Control Board No.B-13011/1/2019- 20/AQM dtd. 16/8/2021, a petroleum retail outlet shall not be located within a distance of 50 meters from the nearest point of a water body. Accordingly, a clarification was sought from the Kerala State Pollution Control Board regarding the applicability of the provisions of the Central Pollution Control Board guidelines in cases where a property is situated within 50 meters radius of the proposed retail outlet is recorded as 'nilam' in the revenue records, but is visibly dry land. In response to the said clarification, the Chief Environmental Engineer has stated that application can be considered based on the land category recorded in the revenue records. Additionally it was clarified that the application cannot be considered if land recorded as 'nilam' is treated as 'wet land'. The Pollution Control Board has also issued Ext.R2(b) letter stating that, it was not within their powers to state whether 'nilam' is 'wet land' or not. The petitioner's application has not been rejected, but is kept on the hold for clarification. Hence, the writ petition is to be dismissed.