RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners claim that they are aggrieved of the installation of a petrol pump in their vicinity and thus have joined hands to file the present petition challenging the No Objection Certificate (NOC) dated 10.06.2019 issued by the Additional Deputy Commissioner, Samba, respondent No. 2 herein, primarily, on the ground that the NOC as also the proposed installation of the petrol pump was in violation of the provisions of the Petroleum Act , 1934 (for short, the Act of 1934) and the rules framed thereunder and the guidelines issued by the Ministry of Road, Transport and Highways, Government of India. NOC dated 10.06.2019 (impugned in the present petition):

(2.) The Additional Deputy Commissioner, Samba issued an NOC dated 10.06.2019 addressed to the Territory Manager Retail, Bharat Petroleum Corporation Ltd. (BPCL), Jammu, whereby a revised no objections certificate was issued in favour of M/s Bharat Petroleum Corporation Ltd. Jammu for installation of a retail outlet at Birpur on the Jammu-Pathankot Road on land measuring 151 1/2 marlas under Khasra Nos. 1286 (51 1/2 marlas) and 1288 (10 marlas). The NOC was issued subject to the conditions imposed by the Joint Director Fire and Emergency Services J&K Jammu, Pollution Control Board J&K Jammu, Project Director NHIA, Senior Superintendent of Police, Samba, SDM Vijaypur and Tehsildar Bari Brahmana in their letter and spirit.

(3.) The grounds on which the No objection Certificate issued by respondent No. 3 is challenged are as under: