Court rules IRC Guidelines non-mandatory and emphasizes local laws for residential zoning in NOC considerations.
In a landmark decision, the Kerala High Court, presided over by Justice M.A. Abdul Hakhim, overturned the rejection of a No Objection Certificate (NOC) application for a petroleum retail outlet. The decision came as a relief to petitioner Rajesh K., whose application was initially rejected by the Additional District Magistrate, based on the Indian Roads Congress (IRC) Guidelines and the proximity of residential houses to the proposed site.
The court held that the IRC Guidelines lack statutory force and are not mandatory for NOC considerations under Rule 144 of the Petroleum Rules, 2002. The petitioner, represented by a team of advocates including Smt. A. Salini Lal and Sri. R. Sunil Kumar, challenged the rejection, arguing that the guidelines were improperly applied. The petition also contested the relevance of residential houses within 50 meters of the site, emphasizing that local zoning laws should prevail.
The court referenced previous judgments, including those from the Madras and Allahabad High Courts, which supported the view that IRC Guidelines are advisory and not legally binding. It was noted that the guidelines had been withdrawn in 2019, further invalidating their applicability in this context.
Additionally, the court found that the existence of residential houses does not constitute a valid reason for NOC denial, as per the Central Pollution Control Board Guidelines. Instead, the presence of designated residential zones according to local laws is the pertinent factor, a position backed by a Grama Panchayat certificate indicating no such zones exist within the prohibited distance.
As a result, the court set aside the previous order rejecting the NOC and directed the District Authority to reassess the application. This reassessment must include a fresh report from the Public Works Department, focusing on road safety and alignment without relying on IRC Guidelines.
This verdict underscores the importance of adhering to statutory provisions and local regulations over non-binding guidelines in administrative decisions.
Bottom line:-
The rejection of an application for No Objection Certificate (NOC) under Rule 144 of the Petroleum Rules, 2002, based on Indian Roads Congress (IRC) Guidelines is unsustainable as these guidelines lack statutory force and are not mandatory for such considerations. Additionally, the existence of residential houses within 50 meters of the proposed site is irrelevant, as only designated residential areas as per local laws are pertinent.
Statutory provision(s):
Petroleum Rules, 2002 Rule 144
Rajesh.K v. Additional District Magistrate, (Kerala) : Law Finder Doc id # 2897804
