Case Note & Summary
The petitioner, Sri J.O. Channakeshava, an agent of M/s. Essar Oil Limited, runs a retail outlet at Parashurampura Village, Challakere Taluk, Chitradurga District. He challenged the validity of a No Objection Certificate (NOC) dated 18.2.2014 issued by the Deputy Commissioner/District Magistrate (respondent No.1) in favour of respondent No.3, Smt. K. Nagalakshmi, for establishing a 20 KL HSD and 15 KL Petrol Bunk in Sy.No.294/1B of the same village. The petitioner contended that the proposed site was within 100 metres of his existing outlet, violating the distance norms prescribed by the Karnataka State Pollution Control Board (KSPCB) and a circular issued by Bharat Petroleum Corporation Ltd. (BPCL). He also argued that his objections were not considered before issuing the NOC. The respondents, including the Deputy Commissioner, BPCL, and the third respondent, opposed the petition. The court examined the pleadings and found that the petitioner's retail outlet was located within 100 metres of the proposed site, as per the sketch produced. The court noted that the Deputy Commissioner had not considered the distance norms or the objections raised by the petitioner. Consequently, the court held that the NOC was issued in violation of the applicable guidelines and set it aside. The petition was allowed, and the impugned NOC was quashed.
Headnote
A) Petroleum Laws - No Objection Certificate - Distance Norms - The Deputy Commissioner issued a No Objection Certificate for a new petrol bunk without considering the distance from an existing outlet and without addressing objections raised by the existing outlet owner - Held that the certificate was issued in violation of KSPCB guidelines and BPCL circular requiring a minimum distance of 100 metres between retail outlets (Paras 1-5).
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The High Court can interfere when a statutory authority fails to consider relevant objections and acts in violation of prescribed norms - Held that the impugned certificate was liable to be set aside (Paras 4-5).
Issue of Consideration
Whether the No Objection Certificate issued by the Deputy Commissioner for establishing a petrol bunk is valid when the proposed site is within 100 metres of an existing retail outlet and objections raised by the existing outlet owner were not considered.
Final Decision
The writ petition is allowed. The No Objection Certificate dated 18.2.2014 issued by respondent No.1 (Annexure-A) is set aside.
Law Points
- No Objection Certificate
- Distance Norms
- Petroleum Retail Outlet
- Environmental Guidelines
- KSPCB
- BPCL Circular
- Article 226
- Writ Jurisdiction
- Consideration of Objections
Case Details
2014 LawText (KAR) (08) 28
Writ Petition No.16893/2014 (GM-RES)
K. Rama Bhat for petitioner; H.B. Mahesh for R1; B.S. Sachin for R2; C.M. Kempe Gowda for R3
The Deputy Commissioner/District Magistrate, Regional Manager (Retail) Bharat Petroleum Corporation Ltd., Smt. K. Nagalakshmi
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Nature of Litigation
Writ petition challenging the validity of a No Objection Certificate issued by the Deputy Commissioner for establishing a petrol bunk.
Remedy Sought
Petitioner sought setting aside of the No Objection Certificate dated 18.2.2014 issued by respondent No.1 permitting respondent No.3 to establish a petrol bunk.
Filing Reason
The petitioner, an existing retail outlet owner, alleged that the proposed site was within 100 metres of his outlet, violating distance norms, and that his objections were not considered.
Issues
Whether the No Objection Certificate was issued in violation of distance norms prescribed by KSPCB and BPCL circular?
Whether the Deputy Commissioner failed to consider the objections raised by the petitioner before issuing the NOC?
Submissions/Arguments
Petitioner argued that the proposed site is within 100 metres of his existing retail outlet, violating KSPCB guidelines and BPCL circular.
Petitioner contended that his objections were not considered by the Deputy Commissioner before issuing the NOC.
Respondents opposed the petition, but the court found merit in the petitioner's submissions.
Ratio Decidendi
A No Objection Certificate for establishing a petrol bunk must be issued in compliance with distance norms prescribed by the KSPCB and relevant circulars, and objections raised by existing outlet owners must be considered. Failure to do so renders the certificate invalid.
Judgment Excerpts
The petitioner, an agent of M/s. Essar Oil Limited, running a retail outlet, assails the validity of a 'No Objection Certificate', issued vide Annexure-A, by respondent No.1, for establishing another 20 KL HSD and 15 KL Petrol Bunk, at Parashurampura Village.
The Executive Director, M/s. Essar Oil Limited, Chennai, having made an application for issuance of No Objection Certificate, the same was issued by respondent No.1 on 18.2.2014.
The petitioner's retail outlet is situated within 100 metres from the proposed site of respondent No.3, which is in violation of the norms prescribed by the KSPCB and the circular issued by BPCL.
The Deputy Commissioner has not considered the objections raised by the petitioner before issuing the No Objection Certificate.
In view of the above, the impugned No Objection Certificate is liable to be set aside.
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bangalore challenging the No Objection Certificate dated 18.2.2014 issued by the Deputy Commissioner. The petition came up for preliminary hearing and was disposed of on 27.8.2014.
Acts & Sections
- Constitution of India: Article 226
