SANGEET LODHA, J. - (1.) By way of this writ petition, the petitioner has questioned legality of order dated 28.3.17 issued by the District Magistrate, Nagaur, whereby the No Objection Certificate (NOC) issued in favour of the petitioner for operating a retail outlet of petroleum products has been suspended in exercise of the power conferred under Rule 150 of Petroleum Rules, 2002 (for short "the Rules of 2002") on account of failure of Indian Oil Corporation Limited (IOCL) to obtain the order for diversion of the approach road constructed on forest land to non forest activities from the Department of Forest under the Forest Conservation Act, 1980 (for short "the Act of 1980").
(2.) The facts relevant are that the respondent-IOCL purchased the land bearing khasra no.898 (old khasra no.734/2) in village Bherunda, Tehsil Degana, District Nagaur for establishing a retail outlet of petroleum products. After obtaining NOC from the different authorities, the IOCL commissioned 'Company owned and Company operated' retail outlet on 28.12.99. Subsequently, in the year 2001, the IOCL appointed the petitioner as dealer to operate the said retail outlet, which is being operated by the petitioner continuously on the site in question.
(3.) On 18.5.16, a Divisional Forest Officer came over the retail outlet operated by the petitioner and stated that the approach road to retail outlet has been constructed on the forest land, which amounts to non forest activities under the Act of 1980 and thus, the petitioner has to obtain order for diversion of the land forming part of the approach road to non forest activities. Vide communication dated 24.5.16, the Deputy Conservator of Forest addressed to the District Collector, Nagaur, the IOCL was advised to forward the proposal to the Additional Chief Conservator of Forest, Nodal Officer, FCA, Rajasthan, Jaipur for diversion of the approach road to non forest activities. The District Magistrate, Nagaur in its turn vide communication dated 9.6.16 directed the petitioner to submit the proposal for diversion of the approach road constructed on forest land for non forest activities. The petitioner vide communication dated 22.6.16 addressed to the District Magistrate, Nagaur, clarified that the IOCL has already started the process for submitting a proposal for diversion. Yet another notice dated 29.6.16 issued by the District Magistrate, Nagaur, informed the petitioner that appropriate proceedings be taken for the purpose of diversion of the land use, failing which ex parte proceedings shall be taken.;