Shammi vs. District Collector
Held
The Court held that circulars issued by KSPCB regarding siting requirements cannot be insisted upon in light of the Supreme Court's judgment in Indian Oil Corporation v. V.B.R.Menon. The requirement to obtain consent from KSPCB was also deemed invalid.
Facts
The petitioners are aggrieved by the refusal to consider their applications for consent to establish or NOC for petroleum retail outlets by the KSPCB and other authorities. They challenged circulars issued by KSPCB and orders rejecting their applications.
Key Issues
Whether KSPCB circulars on siting requirements for petroleum outlets are valid and if consent from KSPCB is mandatory for NOC.
AI-generated summary — verify with the full judgment below
WP(C)Nos.11517/2020 & con.cases 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945 WP(C) NO. 11517 OF 2020 PETITIONERS: 1 MOHAMMED MEHTHAR AGED 61 YEARS S/O.PAREED MEHTHAR, PAYYIL HOUSE, MARIYATHURUTHU P.O., KOTTAYAM, PIN-686017. 2 SUBEESH BABU, AGED 36 YEARS S/O.BABU, VELLARIMATTATHIL HOUSE, UZHAVOOR P.O., KOTTAYAM. BY ADV SRI K.R.VINOD RESPONDENTS: 1 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686001. 2 THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM, PIN-686001. 3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, OFFICE OF THE EXECUTIVE ENGINEER, KOTTAYAM, PIN-686001. 4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001. 5 CENTRAL POLLUTION CONTROL BOARD, PARIWESH BHAVAN, CBD CUM OFFICE COMPLEX, EAST ARJUN NAGAR, DELHI, PIN-110032, REPRESENTED BY TIS CHAIRMAN. 6 KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O., THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS CHAIRMAN. 7 I
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