HC quashes NOC to establish fuel station on Karaikal pvt port’s land

CHENNAI: Madras High Court has quashed a No Objection Certificate (NOC) issued by the Puducherry Union Territory to establish a petrol/diesel retail outlet on land that was leased out to the Karaikal Private Port Limited in Vanjore village of Karaikal district, Puducherry UT.

Justice N Sathish Kumar passed the orders on allowing a petition filed by Karaikal Private Port Limited. The petitioner sought direction to quash the NOCs provided by the deputy Collector of Karaikal district to Hindustan Petroleum Corporation Limited and its dealer S Rajasekaran on May 5, 2014.

According to the petitioner port, it entered into a 30-year lease agreement with Puducherry in 2006,2007 and 2008 to get 600 acres of land in Vanjore Village, Thirumalai Rayan Pattinam Commune Panchayat in Karaikal district for establishing a commercial port.

“While the lease is in operation, the deputy collector to Karaikal district has given NOC to the HP and its dealer for opening a fuel station on a place which is abutting the port’s land,” the petitioner firm submitted.

The petitioner further held that the town planning authority has not approved the move to set up the fuel station on the said land.

Recording the submissions, the judge held that as no permission has been obtained, NOC issued by the first respondent/deputy collector cannot be sustained in the eye of the law.

“After executing the lease deed for a period of 30 years and collecting land lease charges from the port authorities, the Government of Puducherry cannot usurp the right of the petitioner,” the judge held.

UT administration informed the judge that the port road is being used by the public and the fuel station can be set up at the place.

However, the judge rejected the contention stating that it cannot be the ground. “It is the duty of the UT to lay separate for villagers. He directed the Puducherry government to lay separate roads for villagers within four months," the court ordered.