WP(C) 2240/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI By making this writ petition, under Article 226 of the Constitution of India, th e petitioners have sought for directions to be issued to the respondent No. 2 he rein, namely, Deputy Commissioner, Morigaon, Assam, commanding the respondents t o grant ’No Objection Certificate’ in favour of the petitioners for expansion an d modernization of the petitioners’ petrol pump. The petitioners’ case, in brief, is that the petitioner No. 2 has been r unning a petrol pump, as a retail outlet under the Indian Oil Corporation, in th e name and style of M/s Rina Service Station, at Nellie, Morigaon, Assam, since 1987. In December, 2008, the Government of India acquired about 1 Bigha of the petitioners’ land for the purpose of extension of the National Highway. Because of the acquisition, so made, the petitioners were not left with sufficient spac e to run their petrol pump conveniently. The petitioner, therefore, decided to expand and modernize their petrol pump. The petitioners claim that their scheme for expansion and modernization of their petrol pump had been accepted by the I ndian Oil Corporation, but their plan, which was submitted to the Deputy Commiss ioner, Morigaon, for obtaining ’No Objection Certificate’, has not yet been cons idered by the Deputy Commissioner. Heard Mr. P.C. Dey, learned counsel for the petitioner, and Ms. V.L. Sinha, lear ned Government Advocate, appearing on behalf of the State respondents. It has been contended, on behalf of the respondents, that the Ministry of Shippi ng, Road transport and Highway, Government of India, New Delhi, has issued an in struction not to issue ’No Objection Certificate’, with regard to setting up of petrol pump, without permission from the Ministry of Shipping, Road Transport, a nd Highway, Government of India, New Delhi. The fact that such a direction has been issued by the Ministry of Shipping, Road Transport, and Highway, Government of India, New Delhi, is not in dispute. What is also required to be noted, in this regard, is that the petitioners have not yet obtained requisite permission, from Morigaon Development Authority, for the proposed expansion and modernizati on of his petrol pump and, without such permission, the petitioners ought not to have been, and cannot be, allowed to execute the plan for expansion and moderni zation of their petrol pump. Situated thus, it becomes clear that the petitione rs’ this writ petition is, at this stage, pre-matured and cannot, therefore, be admitted. In the result and for the foregoing reasons, this writ petition fails and the sa me shall accordingly stand dismissed. The petitioners are, however, left with liberty to take appropriate steps for ob taining, first, necessary permission/’No Objection Certificate’ from Morigaon De velopment Authority and other competent authorities before applying to the Deput y Commissioner, Morigaon, for ’No Objection Certificate’ and, if the petitioners apply, in this regard, to any of the competent authorities, the authority/autho rities concerned shall do the needful expeditiously and in accordance with law.