SHIDA NONGRUM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The writ petitioner by way of the instant petition has sought for directions with regard to issuance of an No Objection Certificate (NOC) by the respondent No. 3 to enable her to register a long-term lease with the respondent No. 5.

(2.) The brief facts are that the petitioner is the owner of a plot of land measuring approximately 11.514 acres situated at village Umran Dairy, Raid Mawthoh, Mylliem Syiemship, Ri-Bhoi District, and in response to an Expression of Interest (EOI) floated by the respondent No. 5 for setting of a Fuel Storage and Dispatch Terminal, had accordingly approached the respondent No. 5 Numaligarh Refinery Limited (NRL), for leasing the said plot to them. The NRL, finding the petitioner's land suitable, approved the proposal to take the said land on a long-term lease of 30 years and vide its letter dtd. 23/10/2024, requested the petitioner to obtain an NOC from the respondent No. 2 (Deputy Commissioner, Ri-Bhoi), for execution of the lease. The NRL had also by letter dtd. 22/11/2024, requested the respondent No. 2 for issuance of necessary permission. On the matter being set in motion, the petitioner had then approached the respondent No. 3 (Headman, Umran Dairy) on 18/1/2025, for issuance of NOC, which however, was not granted for reasons unknown, but was kept pending on one pretext or the other. Hence, the writ petition.

(3.) Mr. K.C.Gautam, learned counsel for the petitioner has submitted that the petitioner has been compelled to approach this Court being left with no other recourse, inasmuch as, the said lease as per the instructions of the respondent No. 2, can be registered only after an NOC was received from the respondent No.3, who however, refused to grant the same citing the objections of the residents of the area on safety concerns. It is further submitted that the non-grant of NOC, is not based on the reasons given by the respondent No. 3, inasmuch as, the safety concerns which have been raised will surely be addressed by the respondent No. 5.