GANESH CHANDRA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS writ application impugns the order in letter No. CMS. 273/ 76/54 dated 4 -7 -1979 from the Govt. of Assam, Chief Minister's Secretariat, to the Deputy Commissioner, Sibsagar, vacating the stay of operation of the 'No objection certificate' in favour of the Respondent No. 6 Shri Boloram Bora of Gaurisagar to the installation of a Petrol Pump, which stay order was issued by the same Secretariat, vide Govt. Letter No. CMS. 273/76 dated 3 -4 -1978. The original order No. JJ. 12/78/45 dated 22 -3 -1978 passed by the Additional District Magistrate, Sibsagar at Jorhat granting the No objection Certificate to the installation of a Petrol Pump by the Respondent No. 6, at Gaurisagar road junction, subject to the approval of the Chief Inspector of Explosives, Gauhati, is also being impugned in the petition.

(2.) THE petitioner obtained a licence from M/s Indian Oil Corporation Ltd. hereinafter called 'the Corporation' of dealership in petrol and high speed diesel at Gaurisagar on 12 -6 -1973 and for establishment of a Petrol Pump, purchased a plot of land near the road junction of Gaurisagar for the installation of the Pump, but due to various objections from the public of the locality on the grounds that there were educational institutions and one O. N. G. C. drill site with overflowing crude oil in the vicinity of the site, the Petrol Pump could not be installed there. Subsequently, the petitioner purchased another plot of land at a distance of 3 K. Ms. from the said site at Gaurisagar Road junction and taking a loan of Rs. 40,000/ - from the United Bank of India, Subsagar, installed his Petrol Pump there.

(3.) ON 22 -3 -1978 the Additional District Magistrate, Sibsagar, by order No. JJ. 12/ 78/45 granted or issued the No Objection Certificate in favour of the Respondent No. 6 for establishing a Petrol Pump at the same place, subject to the approval of the Chief Inspector of Explosives. The petitioner challenged the issue of the certificate by a revision petition before the Chief Minister of Assam on the grounds that the site at the Gaurisagar Road Junction by the side of the National Highway No. 37 was close to the O. N. G. C. crude oil point with over -flowing crude oil exposing the pump to serious risk of fire; and that the distance between his Petrol Pump and the proposed Petrol Pump of Respondent No. 6 would be only 2 k. ms. On 1 -4 -1978 the Chief Minister by order stayed the operation of the impugned No Objection Certificate and called for a report, and the Deputy Commissioner, Sibsagar, submitted his report on the revision petition. On 4 -7 -1979 the Under Secretary to the Govt. of Assam, Chief Minister's Secretariat, by letter. No. CMS. 273/76/54 addressed to the Deputy Commissioner, Sibsagar, vacated the stay order and intimated for necessary action. On 18 -8 -79 by order No. JJ. 12/78/81 the Additional District Magistrate, Sibsagar, wrote to Respondent No. 6 that the stay order communicated vide office order No. JJ 12/78/ 50 dated 10 -4 -1978 stood vacated. As a result, the No Objection Certificate issued by the Additional District Magistrate, Sibsagar, remained effective.