Page No.# 1/9 GAHC010065092025 2025:GAU-AS:7669 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1805/2025 JOGESWAR BORA AND ANR RESIDENT OF VILLAGE- CHAPARMUKH GAON, P.O.- CHAPARMUKH, P.S.- CHAPARMUKH, DIST- NAGAON, ASSAM, 782425 2: CHITTARANJAN BORA C/O MR JOGESWAR BORA RESIDENT OF VILLAGE- CHAPARMUKH GAON P.O.- CHAPARMUKH P.S.- CHAPARMUKH DIST- NAGAON ASSAM 78242 VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER NAGAON OLD TRUNK ROAD CHRISTIAN PATTY NAGAON ASSAM 782001 3:ADDITIONAL DISTRICT MAGISTRATE ADMINISTRATION BRANCH NAGAON ASSAM 4:THE JOINT CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION (PESO) Page No.# 2/9 BAMUNIMAIDAN GUWAHATI ASSAM 781003 5:THE CIRCLE OFFICER RAHA REVENUE CIRCLE NAGAON 6:THE CENTRAL POLLUTION CONTROL BOARD (CPCB) REPRESENTED BY ITS CHAIRMAN PARIVESH BHAWAN EAST ARJUN NAGAR DELHI-110032 7:THE ASSAM POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN LOCATED IN H/NO 138 NEAR SBI HAJO ROAD AMINGAON GUWAHATI 786031 ASSAM 8:NAYARA ENERGY LTD REPRESENTED BY THE DIVISIONAL MANAGER WHOSE OFFICE IS LOCATED AT 2ND FLOOR SUBHAM REDSTONE NEXT TO PANTALOONS RUKMINIGAON G.S. ROAD KHANAPARA-781022 ASSAM 9:VIMAL KUMAR PRASAD S/O SRI DHARAM NATH PRASAD RESIDENT OF FOUZDARI PATTY NAGAON SADAR DIST- NAGAON ASSA Advocate for the Petitioner : MR A C BORBORA, MR S A HUSSAIN,MS. N DEY,MR. M SMITH Advocate for the Respondent : GA, ASSAM, MR G N SAHEWALLA (R-9),MS G DUGAR(R- 9),MS T J SAHEWALLA(R-9),MR M SAHEWALLA(R-9),MS. S. TODI(R-9),MS. U. DAS, ADDL. SR. GA, ASSAM,MR. S.S. ROY, SC, C.G.C.,MR. S. BARUAH, SC, PCB Page No.# 3/9 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER (CAV) Date : 12-06-2025 Heard Mr. AC Borbora, learned senior counsel assisted by Mr. M Smith, learned counsel for the petitioners. Also heard Ms. U Das, learned counsel for the respondent Nos. 1 to 3 & 5; Mr. SS Roy, learned counsel for the respondent No. 4 as well as Mr. GN Sahewalla, learned senior counsel assisted by Mr. M Sahewalla, learned counsel for the respondent No. 9. 2. The present writ petition has been filed challenging the No Objection Certificate (NOC) dated 15.07.2022 issued by the District Magistrate, Nagaon, granting license under the Petroleum Rules, 2002 to Nayara Energy Limited/respondent Nos. 8 & 9 for storage of petroleum products in their premises at Dag No. 546 (old) 581 (new) and Patta No. 195(old) 225 (new) village – Chaparmukh, Mouta – Chahari of Raha Revenue Circle under Nagaon District. 3. It is the case of the petitioners that the No Objection Certificate (NOC) dated 15.07.2022 has been issued in violation of the guidelines issued by the Central Pollution Control Board by Office Memorandum dated 07.01.2020, particularly with reference to Clause–H, wherein it is provided that in case of sitting criteria for Petrol Pumps new Retail Outlets shall not be located within a radial distance 50 (fifty) meters from fill point/dispensing units/vent pipe whichever is nearest from schools, hospitals (10 beds and above) and residential areas designated as per local laws. It is also provided that in case of Page No.# 4/9 constraints in providing 50 (fifty) meters distance, the retail outlet shall implement additional safety measures as prescribed by Petroleum and Explosives Safety Organizations (PESO) and in no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential areas designated as per local laws shall be less than 30 (thirty) meters. 4. The further case of the petitioners is that when they saw some developments being made adjacent to their residential building, they made an enquiry and came to know that a petrol pump was going to come up. Thereafter, the petitioners submitted a complaint before the Deputy Commissioner, Nagaon district on 17.01.2022 and also before the Joint Controller of Explosives, Petroleum & Explosives Safety Organization (PESO), Guwahati Circle Office on 27.01.2022, with a request that no NOC should be issued. Thereafter, the Circle Officer, Raha Division Circle, submitted a report in connection with the setting up a new Petroleum RO at Chaparmukh gaon before the Additional District Magistrate, Administrative Branch, Nagaon, on 18.06.2022, wherein it is stated that there is no School or Hospital (10 Beds) at a distance of about 30 (thirty) meters to 50 (fifty) meters from the site selected for sitting up of the Petrol Pump’s/fill point/dispensing unit/vent pipe. However with regard to the distance between the South of the land of the petitioners and the Petrol Pump units, it is mentioned that (i) fill point to Jogeswar Bora’s (petitioner No. 1) House is approx. 12.81 m, (ii) Dispensing units to Jogeswar Bora’s house is approx. 16.27 m & 15.53 m and (iii) Vent Pipe to Jogeswar Bora’s house is approx 7.80 m. There is no HT line electric wire over the site selected for the petrol pump. 5. It is therefore the case of the petitioners that in view of the Report of the Page No.# 5/9 Circle Officer, Raha Division Circle dated 18.06.2022, the Deputy Commissioner, Nagaon, could not have issued the No Objection Certificate (NOC) for storage of Petrol Products near the premises of the petitioners. 6. Mr. AC Borbora, learned senior counsel for the petitioners submits that the respondent No. 9 is going to establish his petrol pump in a residential land, which cannot be allowed. He further submits that the distance of the petrol pump is within the prohibited distance vis-à-vis the land on which the house of the petitioners was built, which was residential land. 7. The learned senior counsel for the respondent No. 9 submits that as per the jamabandi for the land covered by Dag No. 281 of Patta No. 266, on which the house of the petitioners stands, shows that the said land had been converted from “pedi” (agricultural) land to first class residential land, as per the approval given by the Deputy Commissioner to the correction proposal, vide order dated 04.01.2024. The learned senior counsel for the respondent No. 9 thus submits that the prohibited distance for establishing a petrol pump from schools, hospitals (10 beds and above) and residential areas designated as per local laws was not attracted in the present case. In the present case, the land on which the house of the petitioners has been built was converted from agricultural land to residential land only on 04.01.2024. As the NOC for granting leave under the Petroleum Rules, 2002, for establishing a petrol pump had been given on 15.07.2022, there was no bar for establishing a petrol pump on land covered by Dag Nos. 546 (old), 581 (new) and Patta Nos. 195 (old) and 225 (new), village- Chaparmukh, Mouta-Chahari of Raha Revenue Circle under Nagaon District, which did not have any neighboring or adjacent residential area in the year 2022. Page No.# 6/9 8. The learned senior counsel for the respondent No. 9 further submits that the President of the Chaparmukh Panchayat, vide letter dated 28.02.2022 addressed to the Additional District Commissioner, Nagaon, had stated that there was no objection for establishment of any petrol pump from the Panchayat or from the local public, which was in fact, in the interest of the public of the greater Chaparmukh area. 9. Mr. GN Sahewalla, learned senior counsel for the respondent No. 9 submits that the petitioner had started construction of his petrol pump way back in 2022 and had completed the same in March 2025, i.e., before the writ petition was filed. However, due to the status-quo order passed by this Court on 01.04.2025, the petrol pump has not been put into operation. 10. I have heard the learned counsels for the parties. 11. Clause H of the guidelines for setting up of a new Petrol Pump in compliance with the Hon’ble NGT order dated 18.01.2019 in OA No. 86/2019: “Gyanprakash @ Pappu Singh vs Gol & Ors”, as provided in the Office Memorandum No: B-13011/1/2019-20/AQM/10802-10847 dated 07.01.2020, issued by the Central Pollution Control Board, states as follows:- “H. Siting criteria of Retail Outlets: In case of siting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50 meters (from fill point/ dispensing units/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail Page No.# 7/9 outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet.” 12. A reading of Clause H, as quoted above, clearly shows that the distance between a new petrol pump and a residential area designated as per local laws, cannot be within a radial distance of 50 meters or 30 meters, wherein additional safety measures are to be provided by the PESO. 13. Rule 2(1)(X) and Rule 144(1) of the Petroleum Rules, 2002 states as follows:- “2(1)(X) “District Authority” means- (a) In towns having a Commissioner of Police, the Commissioner or a Deputy Commissioner of Police; (b) In any other place, the District Magistrate” “144 No-objection certificate.-(1) Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII, or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate to the applicant who shall forward it to the licensing authority with his application Form IX. “ 14. A reading of Rule 2(1)(X) and Rule 144(1) of the Petroleum Rules, 2002 shows that the District Authority, which is in this case is the Deputy/District Commissioner, can grant a NOC for establishing a new petrol pump. The above Rules read with Clause H of the guidelines for setting up of a new Petrol Pump, in compliance with the Hon’ble NGT order dated 18.01.2019 in OA No. 86/2019, Page No.# 8/9 as provided in the O.M. dated 07.01.2020, shows that the District Commissioner can give a NOC when the new petrol pump to be established is not within a radial distance of 50 meters or 30 meters, depending upon the circumstances, from schools, hospitals (10 beds and above) and residential areas designated as per local laws. 15. 15. In the present case, the jamabandi of the petitioners’ land on which their house is located, clearly shows that the land of the petitioners was agricultural land and it became a residential land only vide order dated 04.01.2024. The relevant extract of the petitioner No. 1’s jamabandi relating to Dag No. 281 of Patta No. 266 is reproduced herein as follows:- “The land of dag no. 281 of Patta no. 266 is converted from pedi land to 1st class residential as per approval given by the deputy commissioner to the correction proposal vide order dated 04.01.2024 15:00:15” As the case of the petitioners is that the respondent No. 9 had started the petrol pump construction in the year 2022, for which the petitioners had made a representation dated 17.01.2022 to the Deputy Commissioner, requesting him to stop the construction work and to relocate the petrol pump to any other location, the same shows that the land of the petitioners was not a residential area in the year 2022. 16. As the NOC has been given by the Deputy/District Commissioner to the respondent Nos. 8 and 9, for setting up the new petrol pump way back on 15.07.2022, Clause H of the guidelines for setting up of a new Petrol Pump in compliance with the Hon’ble NGT order dated 18.01.2019 in OA No. 86/2019, as enumerated in the OM dated 07.01.2020, is not attracted to the facts of this Page No.# 9/9 case, as the petitioners’ agricultural land had been made into a residential area only on 04.01.2024. 17. In view of the reasons stated above, this Court does not find any ground to exercise its discretion in the present case. The writ petition is dismissed. 18. The status-quo order passed earlier on 01.04.2025 is hereby vacated. JUDGE Comparing Assistant