IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT PETITION NO.9155 OF 2019 (GM-RES) BETWEEN:
1. MR. KIRAN K SON OF CHANDRASHEKARA PURUSHA AGED 26 YEARS RESIDING AT NO.3-40/1 KABBINA HITHILU HOUSE VITTAL KASABA VITTAL POST, VITTAL DAKSHINA KANNADA DISTRICT-574 243.
2. MR. N SHANKAR NARAYANA BHAT SON OF N ISHWARA BHAT AGED ABOUT 63 YEARS RESIDING AT NO.5-420 NETHREKERE HOUSE VITTAL KASABA, VITTAL DAKSHINA KANNADA DISTRICT-574243.
3. MR. VITTAL BHAVANISHANKER SON OF LATE PAKEERA PURUSHA AGED 82 YEARS NO.3-66, ‘SUMKUKA’ KUMBULETHADDA NEAR VITTAL PALACE, VITTAL BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574243.
4. MR. N NAVEEN BHAT SON OF N RAGHURAM BHAT AGED ABOUT 40 YEARS RESIDING NO.1-554, ’RADHASHREE’ MANGALORE ROAD, VITTAL BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574243. ... PETITIONERS (BY SRI.RAJASHEKAR S, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE RAJATHADRI MANIPAL, UDUPI DISTRICT-574 118.
2. HINDUSTAN PETROLEUM CORPORATION LIMITED A GOVERNMENT OF INDIA ENTERPRISE AT NO.17, JAMSHEDJI TATA ROAD MUMBAI-400 020 REPRESENTED BY AUTHORISED SIGNATORY 3. THE TAHASILDAR BANTWALA TALUK D.K. DISTRICT-574243.
4. VITTALA TOWN PANCHAYATH VITTLA, BANTWALA TALUK D.K. DISTRICT-574243 REPRESENTED BY ITS CHIEF OFFICER. ... RESPONDENTS.
(BY SRI.D NAGARAJ, AGA. FOR RESPONDENT Nos.1 AND 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NO OBJECTION CERTIFICATE DATED 02.01.2018 ISSUED BY THE R-1 AND THEREBY ISSUING NO OBJECTION CERTIFICATE FOR PUTTING UP OF NEW MS AND HSD OUTLET AT PROPERTY BEARING SY.NO.641 OF 2P1 OF VITTALA KASABA VILLAGE OF BANTWALA TALUK, D.K. DISTRICT VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed questioning the grant of ‘No Objection Certificate’ issued by the 1st respondent – Deputy Commissioner for opening a retail outlet. The Deputy Commissioner has issued the ‘No objection Certificate’ as per Rule 144 of the Petroleum Rules 2002 and Rule 47 of the Static and Mobile Pressure Vessels (Unfired) Rules 2016, only for obtaining the license from the Chief Controller of Explosives, Nagpur.
2. The primary contention of the petitioners is that the ‘No objection Certificate’ issued is contrary to the guidelines issued by the Ministry of Road Transport and Highways, Government of India, which mandates requirement of minimum 300 meters for establishing the retail outlet along the State Highways and that the report indicates the distance between the proposed project is about 61 meters from the crematorium.
3. Firstly the fact is that the Instant Rules have not been placed for consideration. The further contention that it is at a distance of 61 meters from the crematorium, has no nexus with the establishment of a petroleum outlet. Therefore, we do not find any violation of any of the rules.
We also do not find any public interest that is involved herein. Hence, the petition is dismissed.
Sd/- Sd/-
JUDGE JUDGE NG* CT:bms