S SHANMUGHARAJA Vs. DISTRICT COLLECTOR, PUDUCHERRY DISTRICT

JUDGEMENT

(1.) Introductory :-

(2.) The appellant is a dealer of Indian Oil Corporation for its petroleum products, at No.214/1, Embalam Village, Puducherry. The appellant found that there was a proposal to open another retail outlet in his village by M/s.Hindustan Petroleum Corporation Ltd. The appellant opposed the grant of no objection certificate on the ground that proposed location is less than 180 meters from his outlet. The appellant contended that the new outlet would take his customers, and his business would be affected. It was his contention that the proposed location would not satisfy the norms prescribed by the Ministry of Highways. The District Collector notwithstanding the objection raised by the appellant, granted no objection certificate to M/s.Hindustan Petroleum Corporation Ltd. The appellant filed three Writ Petitions, one to challenge the no objection certificate and the other two to restrain the fourth respondent from commencing the petroleum business. The learned Single Judge by way of a detailed order, negatived the contentions and dismissed the Writ Petitions. Feeling aggrieved, he appellant has come up with the appeals.

(3.) The learned counsel for the appellant contended that the no objection certificate was given by the District Magistrate in total contravention of the guidelines issued by the Indian Road Congress. According to the learned counsel, even the provisions of the Pondicherry Buildings Regulations were flouted by the District Magistrate while issuing the no objection certificate for opening the outlet. It was further contended that the Town and Country Planning Department was not in favour of giving no objection certificate. Those objections were overruled by the District Magistrate without any factual or legal basis. The learned counsel contended that the distance criteria would be applicable even to an outlet established on the side of a village road and as such, the learned Single Judge was not correct in dismissing the Writ Petitions.