Chennai: Setting aside an order of the Divisional Engineer (Highways), Krishnagiri district, the Madras high court has directed the District Revenue Officer, Krishnagiri district to issue No Objection Certificate within two weeks for setting up new petroleum outlets in the site situated at Athimugam, Shoolagiri village, Krishnagiri district.
Justice Pushpa Sathyanarayana gave the directive on the petitions filed by C.Chandrasekar and R.Hemavathi, which challenged an order of the Divisional Engineer (highways) sending a report to the DRO refusing to grant NOC on the ground that the site of the petitioners was situated within 100 meters of the junction of Shoolagiri and Berigai and Athimugam and Berandapalli road.
According to petitioners, M/s Essar Oil Limited had given franchise to the petitioners to operate retail outlet for selling petroleum products and they submitted an application before DRO seeking NOC for the same. The DRO called for the reports from the concerned authorities. Accordingly, the deputy director of Public Health and Preventive department issued the NOC with certain conditions. The district officer, fire and rescue department as well as the Inspector of Police have given NOCs. The RDO, Hosur also recommended for granting NOC. However, the Divisional Engineer (Highways) sent a report to the DRO refusing to grant NOC. He referred to the Indian Roads Congress (IRC) guidelines justifying his action. Therefore, they filed the present petition.
The judge said admittedly the petitioners received NOCs from the Health, Fire ad Rescue Services, Police and Revenue departments. The only ground on which the NOC claimed by the petitioners was rejected by the Divisional Engineer (Highways) was that the proposed site was within 100 meters from the junction. As the petroleum outlet of the petitioners was not situated on the highways, the ratio enunciated in the order passed in Kanyakumari District Petroleum Dealers Association Vs The District Revenue officer and others that the norms issued by the Ministry of Road Transport and Highways regarding the distance was only for the purpose of ensuring access to the fuel stations and the need for road safety squarely applies to this case also. Hence, there was some force in the contentions of the counsel for the petitioners, the judge added.
