RELIANCE INDUSTRIES LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in this writ petition is to the order dated 4.6.2005 (Annexure P-10) passed by District Magistrate, Kaithal, suspending the no objection certificate (NOC) dated 1.3.2005 on the following grounds :

(2.) AT the very outset, learned counsel for the petitioner submits that there is no provision under the Petroleum Rules, 2002 (for short the Rules) whereby once an N.O.C. has been granted can be suspended. He points out that the N.O.C. can be suspended only on the ground that the licensee has ceased to have any right to use the site for storing petroleum. He further points out that even that power can be exercised after giving a reasonable opportunity of being heard to the licensee. He further contends that in the present case even while passing the suspension order, no opportunity has been afforded to the petitioner.

(3.) MR . Balbir Singh Malik, District Magistrate, Kaithal is present in Court. He has not been able to refer to any provision in the Act or the rules to show that the District Authorities have any power to suspend an N.O.C. once granted. He, however, states that the power to cancel the N.O.C. conferred on the District Authorities, includes the power to suspend the same.