YOGESH KUMAR Vs. BHARAT PETROLEUM CORPORATION LIMITED
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
BHARAT PETROLEUM CORPORATION LIMITED
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(1.)On the facts and circumstances of the case including the facts set out in the counter-affidvit filed by R. B. Sahi we are not inclined to interfere with the impugned order passed by the Allahabad High Court.
(2.)Very briefly stated respondent No. 1 is the owner of a Petrol Pump which is set up on a site in Dehradun, of which respondent No. 1 is the lessee. The 'No Objection Certificate' granted for conducting the said Petrol Pump was cancelled by respondent No. 5, the District Magistrate of Dehradun, and that order was upheld by the Commissioner. The Division Bench of the Allahabad High Court by the impugned judgment set aside the order of the Commissioner. The Special Leave Petition is directed against the said order as we have already observed we see no reason to interfere with the actual order passed by the Division Bench but we would like to make a clarification regarding the interpretation of R. 151 of the Rules framed in 1976 under the Petrolium Act.
(3.)Rule 144 of the said Rules deals with the issue of a 'No Objection Certificate' for a new license for running a Petrol Pump. Rule 151 deals with the cancellation of the 'No Objection Certification' and the said rule reads as follows:
(1) "A no objection certificate granted under Rule 144 shall be liable to be cancelled by the District Authority or the State Government, if the District Authority or the State Government is satisfied, that the licensee has ceased to have any right to use the site for storing petrol;
Provided that before cancelling a no objection certificate, the licensee shall be given a reasonable opportunity of being heard.
(2) A District Authority or a State Government cancelling a no objection certificate shall record in writing the reasons for such cancellation and shall immediately furnish to the licensee and to the Licensing Authority concerned a copy of the order cancelling the no objection certificate."
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