Indore (Madhya Pradesh): The Indore Bench of Madhya Pradesh High Court noted that the police commissioner and not the district magistrate would be empowered to revoke no-objection certificates (NOCs) given to a petrol pump where the police commissionerate system is in force.
Justice VK Shukla observed that the definition of “district authority” under sub-clause 10 of Rule 2 and the language of Rule 150 of the Petroleum Rules is very clear that the power has been conferred on the district authority or the state government and not on the district magistrate. The court observed that there is no provision under the Petroleum Rules for the state government to delegate its power to the district magistrate.
The observation came following a petition filed by a petrol pump where a fire incident had taken place during the decantation process. The district magistrate, exercising the power under Rule 150 of the Petroleum Rules, had revoked the NOC granted to the petitioner to run the petrol pump. Upon this, the petitioner had moved court challenging the order.
After listening to all parties, the court ruled that the order of cancellation of the NOC granted to the petitioner to run their petrol pump be set aside.
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