IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.5718 of 2011 Date of Decision : March 31, 2011. M/s Subhash Lubricant .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Ms.Aakanksha Sawnhey, Advocate, for the petitioner. Ms.Monica Chhibber Sharma, DAG, Punjab. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion. Ms.Monica Chhibber Sharma, learned Deputy Advocate General, Punjab, accepts notice on behalf of the respondents. Let three copies of the writ petition be handed over to her during the course of day. In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage. The petitioner has been granted licence by the District Magistrate, Amritsar for the storage of non-dangerous petroleum products not exceeding 5000 gallons in quantity. The petitioner kept its godown at C.W.P.No .5718 of 2011 2 Circular Road, Lohari Gate, Amritsar. However, vide memo dated 19.1.2010, the District Controller of Food & Supply and Consumer Affairs, Amritsar, on the instructions issued by the District Magistrate, Amritsar, asked the petitioner to shift its godown as the petroleum products kept therein are explosive in nature and might cause sorrowful incidence in a thickly populated area of the city. The petitioner, in compliance of the instructions, has shifted its godown to Green Land, Verka Bye-pass in front of the Fortis Hospital and informed the District Magistrate, Amritsar vide the letter Annexure P-3. The District Controller of Food & Supply and Consumer Affairs, Amritsar after visiting and approving the new site, has further asked the petitioner vide memo dated 4.2.2011 (Annexure P-4) to obtain a fresh No Objection Certificate/Permit from the District Magistrate, Amritsar for the new godown. The aggrieved petitioner has approached this Court contending that since the District Magistrate has already granted the licence to the petitioner, there is no legal necessity to obtain a new No Objection Certificate. Having heard learned counsel for the parties, I am of the considered view that since the petitioner has already informed the District Magistrate, Amritsar about the shifting of the new site, it would be in the petitioner's own interest and benefit to obtain a fresh No Objection Certificate from the District Magistrate, more so when the new site has already been approved by the District Controller of Food and Supply and Consumer Affairs at Amritsar. The writ petition is accordingly disposed of C.W.P.No .5718 of 2011 3 with a direction that the petitioner shall be allowed to operate its godown from the new site and meanwhile, the District Magistrate, Amritsar, if so required, may visit the new site and if nothing objectionable is found, to accord necessary approval to the petitioner. The needful shall be down within a period of one month from the date of receiving a certified copy of this order. Let a copy of this order be given dasti to Ms.Monica Chhibber Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance. Dasti. March 31, 2011 (SURYA KANT) Mohinder JUDGE