C.W.P NO. 4365 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4365 OF 2009 DECIDED ON : 20.03.2009 Karam Singh ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Vinod Bhardwaj, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioner seeks quashing of the orders dated 06.06.2005 and 12.09.2007 (Annexures P-8 and P-9), whereby the 'No Objection Certificate' granted to him on 12.10.2004 for installation of retail outlet, has been suspended by the District Magistrate, Kaithal and the petitioner's appeal against the said order has also been dismissed by the Commissioner, Ambala Division, Ambala. Suffice it to mention that the petitioner was granted the requisite 'No Objection Certificate' by the District Magistrate, Kaithal for installation of the retail outlet in village Shergarh, District Kaithal. The 'No Objection Certificate' was granted on the C.W.P NO. 4365 OF 2009 -2- recommendations from various departments. However, the District Magistrate, Kaithal suspended the said 'No Objection Certificate' on the ground that sanction from Government of India had not been obtained by the Bharat Petroleum Corporation Limited for the use of forest land as was required under the Forest Conservation Act, 1980 and that the Completion Certificate has also not been received from the National Highway Authority. The petitioner's case is that the Bharat Petroleum Corporation Limited has already obtained the requisite permission from the Forest Department and permission from the Town and Country Planning, as well as, from the National Highway Authority has also been obtained. On this premise, it is urged that the very basis of the suspension of the petitioner's No Objection Certificate, has disappeared. Learned counsel also relies upon a Division Bench decision of this Court dated August 04, 2005 rendered in C.W.P No. 10745 of 2005 (Reliance Industries Ltd., vs. State of Haryana and others), vide which similar controversy was decided. The petitioner's further grievance is that he had already represented the authorities to revoke the suspension order but no action is being taken on the representations dated 28.04.2008 and 10.02.2009 (Annexures P-14 and P-15). Having heard learned counsel for the petitioner and keeping in view the nature of relief sought in this writ petition C.W.P NO. 4365 OF 2009 -3- and the fact that the objections are stated to have been removed, I deem it appropriate to dispose of this writ petition with a direction to the District Magistrate, Kaithal to consider the petitioner's representations for revocation of the suspension of 'No Objection Certificate' in the light of Division Bench judgment of this Court in Reliance Industries Limited case (supra) and dispose of the same as early as possible but not later than two months from the date of receipt of certified copy of this order. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 20, 2009 (SURYA KANT) shalini JUDGE