Indian Road Congress Guidelines Not Binding In Deciding Petrol Pump NOC Applications: Kerala High Court

The Kerala High Court has held that Indian Roads Congress (IRC) guidelines cannot be treated as mandatory while considering applications for No Objection Certificates (NOCs) for petroleum retail outlets under the Petroleum Rules, 2002.Justice M.A. Abdul Hakhim delivered the judgment in a writ by a dealer of Petroleum Retail outlet.The petitioner, who had obtained a Letter of Intent from Bharat Petroleum Corporation Ltd., challenged the rejection order passed by the District Collector. The District Collector rejected the application for NOC on two grounds. The Collector noted that the proposed site allegedly failed to satisfy stopping sight distance requirements under the IRC guidelines and five residential houses existed within a 50 metre radius of the proposed site. The Court examined Rule 144 of the Petroleum Rules, which requires the District Authority to obtain comments from agencies such as the PWD or National Highways Authority regarding road safety, road alignment and road access conformity.The Court noted that the Rule does not mandate compliance with IRC guidelines as a statutory condition for grant of an NOC.The Court relied on Jasmine Sirajudeen v. State of Kerala [2020:KER:14042], where the High Court had already observed that IRC guidelines were issued by a society registered under the Societies Registration Act and lacked statutory force. The Court also noted that the relevant IRC road safety guidelines had been withdrawn on December 1, 2019.Reliance was also placed on decisions of the Allahabad High Court in Deepak Agarwal v. State of U.P. and Others [2014 Supreme (All) 710] and the Madras High Court in A. Periyasamy (Deceased) and Another v. Deputy Director [2021 Supreme (Mad) 1356], both of which held that IRC guidelines are not mandatory for petroleum outlet approvals.The Court concurred with the decisions of the Allahabad and Madras High Court and held that the IRC guidelines are not mandatory and the same are not to be followed in the matter of issuance of No Objection Certificate by the District Authority to operate a Petroleum Retail Outlet. “In the decisions of the Allahabad High Court in Deepak Agarwal (supra) and the Madras High Court in A. Periyasamy (supra), it is specifically held that the IRC Guidelines do not have any statutory force and are not mandatory and the same are not to be followed in the matter of issuance of No Objection Certificate by the District Authority to operate a Petroleum Retail Outlet. I am in respectful agreement with the view taken by the Allahabad High Court and Madras High Court in this regard.” Court held. The Court clarified that the PWD is still entitled to independently assess road safety concerns. “The PWD Department has to report the suitability of the premises on an independent consideration with reference to road safety and road alignment and road access conformity dehors the IRC Guidelines.” Court added. With regard to the existence of individual residential houses, the Court noted that according to Central Pollution Board Guidelines, the existence of residential houses is not a relevant consideration, but on the existence of a residential area designated as per local laws is only relevant. The Court set thus aside the rejection order and directed the District Authority to reconsider the NOC application after obtaining a fresh report from the PWD. The fresh assessment must be made independently of the IRC guidelines while still considering road safety and access requirements.Case Title: Rajesh. K v The Additional DIstrict Magistrate and Ors. Case No: WP(C) 25473/ 2025Citations: 2026 LiveLaw (Ker) 255 Counsel for Petitioners: A. Salini Lal, R. Sunil Kumar, Jinu P. BinuCounsel for Respondents: M. Gopikrishnan Nambiar, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan, Akhila NambiarClick Here To Read/ Download Judgment

Indian Road Congress Guidelines Not Binding In Deciding Petrol Pump NOC Applications: Kerala High Court

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Indian Road Congress Guidelines Not Binding In Deciding Petrol Pump NOC Applications: Kerala High Court

Anamika MJ

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