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2020 (1) TMI 1196

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..... e justified in issuing direction to a statutory body indicating or specifying the manner in which it has to discharge its functions - It was also held by this Court in the said judgment that in the absence of any guidelines issued by the Central Government prescribing the manner in which the applications for No-objection Certificates under Rule 144 of the Rules have to be dealt with, the District Authority cannot be found fault with for having insisted compliance of the IRC Guidelines for the properties where the petroleum outlets are proposed to be established in the matter of issuing the No Objection Certificates. Petition dismissed. - WP(C). No. 26114 OF 2019(L) - - - Dated:- 7-1-2020 - THE HONOURABLE MR. JUSTICE P.B. SURESH KUMA .....

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..... Guidelines for Access, Location and Layout of Roadside Fuel Stations and Service Stations prescribed by Indian Road Congress (IRC Guidelines) for establishment of petroleum retail outlets. According to the petitioner, IRC Guidelines do not have the force of law and the District Authority under the Rules is, therefore, not justified in withholding the No-objection Certificate sought on behalf of the petitioner on that ground. The petitioner, therefore seeks appropriate directions to the fourth respondent to issue the No Objection Certificate sought by the fifth respondent without insisting compliance of the IRC guidelines for the property proposed for the petroleum outlet. 3. It is seen that in similar writ petitions instituted earlier, .....

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..... on Certificate under Rule 144 of the Rules, they cannot approach this Court before a decision is taken in the matter, taking the view that this Court would not be justified in issuing direction to a statutory body indicating or specifying the manner in which it has to discharge its functions. It was also held by this Court in the said judgment that in the absence of any guidelines issued by the Central Government prescribing the manner in which the applications for No-objection Certificates under Rule 144 of the Rules have to be dealt with, the District Authority cannot be found fault with for having insisted compliance of the IRC Guidelines for the properties where the petroleum outlets are proposed to be established in the matter of issui .....

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