SANJEEV KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court challenging the orders dated February 4, 2005 (Annexure P-22) and February 16, 2005 (Annexure P-23) passed by the Deputy Commissioner/District Magistrate, Mohindergarh. Vide the aforesaid orders, respondent No. 2 has refused to issue no objection certificate for setting up a retail outlet at village Balaha Kalan on Narnaul-Singhana Road, District Mohindergarh.

(2.) The facts which emerge from the record show that the petitioner had purchased land measuring 8 kanals 16 marlas in village Balaha Kalan on Narnaul-Singhana Road, District Mohindergarh near KM Stone No. 122 of State Highway 26, vide sale-deed dated December 31, 2001. Indo Burma Petroleum Company (IBP) respondent No. 3 took a portion of the aforesaid land from the petitioner for the purpose of setting up a new retail outlet at the aforesaid location. The petitioner claims that no written agreement was executed between the petitioner and IBP. It is a pre-requisite that the licence for explosives and written agreement could only be executed after getting no objection certificate from the District Magistrate, therefore, respondent No. 3 issued a communication dated December 23, 2002 to District Magistrate, Mohindergarh for the issuance of no objection certificate for putting up a new retail outlet at the site in question. Along with the said application, respondent No. 3 also annexed copies of site plans and other requisite documents. On receipt of the aforesaid application, the District Magistrate, respondent No. 2 forwarded the requisite communication to various other departments including the Superintendent of Police, Mohindergarh, Sub Divisional Officer (Civil), Narnaul, Executive Engineer, PWD (B&R), Narnaul, District Town & Country Planning Officer, Narnaul, Deputy Conservator of Forests, Mohindergarh, Fire Officer, Narnaul and District Education Officer, Narnaul. The petitioner maintains that on receipt of the communications and after thorough inspection of the site in question by the different departments, all the aforesaid departments vide their separate communications forwarded their no objection certificates to the District Magistrate. Copies of the aforesaid communications addressed by various departments to the District Magistrate have been annexed with the present petition. However, the District Magistrate, respondent No. 2 did not choose to issue the requisite no objection certificate but chose to refer the matter back to the Sub Divisional Officer (Civil), Narnaul through his communication dated April 10, 2003 requiring him to conduct the inspection again. The petitioner maintains that various similar applications filed by the other applicants for issuance of no objection certificates were processed and the requisite certificates were issued to the said applicants but no such no objection certificate was issued in the case of the petitioner. In these circumstances, the petitioner approached this Court through CWP No. 8292 of 2003 challenging the aforesaid communication dated April 10, 2003 issued by the District Magistrate to Sub Divisional Officer (Civil). The said writ petition was disposed of by this Court on May 17, 2004 and the respondents were directed to consider the effect of issuance of the earlier no objection certificate dated January 10, 2003 by the Sub Divisional Officer, Narnaul.

(3.) On receipt of the orders from this Court, a communication was sent by the District Magistrate to the concerned departments, referred to above, requiring them to submit their joint report. The Chief Divisional Manager, IBP sent a communication dated July 20, 2004 to respondent No. 2 whereby the case of the petitioner was recommended. A similar communication was sent by Sub Divisional Officer (Civil) on July 5, 2004 again after conducting a thorough inspection along with District Food & Supplies Controller, Narnaul and Deputy Superintendent of Police, Narnaul and a report with regard to no objection was submitted. The Sub Divisional Officer (Civil) mentioned that the petrol pump be made functional and that there was no possibility of any untoward incident and that his office has no objection in the installation of retail outlet. It was further reported that the Police and fire brigade services could be extended to the place without any difficulty because the aforesaid petrol pump was located on Narnaul-Singhana road.