Establishment of Oil Depot: Refusal to grant NOC by the Headman of the village deemed unjustifiable

Meghalaya High Court Orders Issuance of NOC for Oil Depot Project. Court Directs Village Headman to Grant NOC After Addressing Safety Concerns in Joint Inspection Report

In a significant development, the Meghalaya High Court, under Justice H.S. Thangkhiew, has directed the village headman of Umran Dairy, Ri-Bhoi District, to issue a No Objection Certificate (NOC) for the establishment of a Fuel Storage and Dispatch Terminal by Numaligarh Refinery Limited (NRL). The court's directive follows a comprehensive joint inspection report that addressed the safety and regulatory concerns previously raised by the village community.

The judgment came in response to a writ petition filed by Smti. Shida Nongrum, the registered owner of an 11.514-acre plot intended for lease to NRL. The project, deemed crucial for public welfare and national interest, had faced hurdles when the headman initially refused to issue the NOC, citing safety concerns and suggesting an alternative site.

During the hearing, petitioner’s counsel argued that the headman’s refusal was based on extraneous reasons, as safety concerns would be mitigated through further assessments by relevant agencies. The court-ordered joint inspection, involving officials from various departments, concluded that the project is feasible if safety precautions and necessary approvals are adhered to.

The court observed that the petitioner holds clear title over the land, and the objections were primarily focused on safety. It emphasized that the establishment of the oil depot aligns with public welfare and national interest, warranting the issuance of the NOC.

Justice Thangkhiew’s order mandates that the headman must provide the NOC promptly, allowing the project to proceed through necessary safety and regulatory clearances. The decision underscores the judiciary's role in balancing community concerns with developmental imperatives, ensuring that public safety measures are rigorously implemented.

Bottom Line:

Establishment of Oil Depot : The refusal to grant No Objection Certificate (NOC) by the Headman of the village was deemed unjustifiable as the safety and regulatory concerns raised had already been adequately addressed in the Joint Inspection Report.

Statutory provision(s):  

• - Environment (Protection) Act, 1986  
• - Water (Prevention and Control of Pollution) Act, 1974  
• - Air (Prevention and Control of Pollution) Act, 1981  
• - Petroleum Act  
• - Oil Industry Safety Directorate (OISD) Standards

Smti. Shida Nongrum v. State of Meghalaya, (Meghalaya) : Law Finder Doc Id # 2800940