SHRI NITIN YESHWANT PATEKAR Vs. VILLAGE PANCHAYAT DHARGAL
LAWS(BOM)-2017-1-218
HIGH COURT OF BOMBAY
Decided on January 10,2017

Shri Nitin Yeshwant Patekar Appellant
VERSUS
Village Panchayat Dhargal Respondents

JUDGEMENT

C.V.BHADANG,J. - (1.) In view of the order dated 3/5/2016 of the Division Bench the petition is placed before this Court.
(2.) The petitioner is challenging the judgment and order dated 16/11/2015 passed by the Collector and District Magistrate, North Goa whereby the representation dated 8/9/2015 filed by the petitioner, has been rejected.
(3.) The brief facts are that the petitioner had filed PIL writ petition No.17/2015 before this Court challenging the alleged illegal grant of conversion sanad and a No Objection Certificate (NOC) under the Petroleum Rules, 2002 (Rules for short) to the fourth respondent Mrs. Maria Luiza Quadros and the fifth respondent Bharat Petroleum Corporation Ltd. (BPCL). The PIL was disposed of on 20/8/2015 directing that the representation to be filed by the petitioner to the District Magistrate shall be considered and decided in accordance with law. In consequence to the same, the petitioner filed a representation claiming that the NOC dated 3.4.2007 issued to the sixth respondent M/s. Reliance Petro Marketing Pvt. Ltd. (RPMPL) under Rule 141 of the Rules, for storage of petroleum products in survey no.280/1-A-1 of village Dhargal was illegal. It was claimed that as per the sanctioned plan, the petroleum storage tanks were located in southern corner of the plot which was subsequently shifted to another location. The change of location of the storage tank has not been approved by the District Magistrate. It was contended that the conversion sanad granted in respect of the said land was illegal in as much as the conversion fee was levied only for an area admeasuring 510 sq.metres, when the entire plot of 5000 sq.metres was being converted from agricultural to non-agricultural use i.e. for the purpose of petrol filling station. It was claimed that the NOC transferred in favour of Bharat Petroleum Corporation by issuing a mere corrigendum, which is not permissible.;


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