DEEPAK AGARWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Rahul Sahai, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 4 and Shri Prakash Padia for respondent no. 5.

(2.) By means of this petition, petitioner has prayed for quashing the order dated 25.04.2013 passed by District Magistrate refusing to grant No Objection Certificate for establishing petroleum retail outlet on the ground that the same is located within 300 metres of another retail outlet, which is violative of paragraph 4.6 of the Indian Road Congress Guidelines (hereinafter referred to IRC Guidelines).

(3.) Brief facts necessary for the purposes of adjudicating the dispute in this petition are that the Indian Oil Corporation issued an Advertisement dated 20.12.2010 inviting application for establishment of a Kisan Seva Kendra, a retail outlet for petroleum products at Gawan, Babraula road, Block Rajaura, District Sambhal. Petitioner was one of the applicants in pursuance to the said advertisement. After undergoing the process prescribed for selection, the petitioner was selected and a letter of intent dated 15.11.2012 was issued to him. As required under Rule 144 of the Petroleum Rules, 2002, the Indian Oil Corporation applied to the District Magistrate for a No Objection Certificate to establish the retail outlet. The Additional District Magistrate (Finance & Revenue), who was delegated the matter, called for report from police, fire, forest, revenue department, Pollution Control Board as well as Public Works Department. All the departments submitted a report raising no objection to the retail outlet at the proposed site, except for the Public Works Department. An objection was raised by the P.W.D. citing paragraph 4.6 of the IRC Guidelines alleging that since the retail outlet to be established is situate within 90 metres of an existing retail outlet, whereas the minimum distance provided under the IRC Guidelines, is 300 metres, as such, No Objection Certificate cannot be granted.