Noc for petrol pump by district authority

Aseem Vaishya (Querist) 03 May 2016 This query is : Resolved
Respected Counselors,

Our company M/s Bharat Petroleum Corp. Ltd has applied for NOC from District Collector,Gwalior (M.P.) on 04.02.2016. under Petroleum Rules 2002 section 144 which reads as under:

144. No-objection certificate. –

(1) Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII, or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection,grant such certificate to the applicant who shall forward it to the licensing authority with his application Form IX.
(2) Every certificate issued by the District Authority under sub-rule (1) shall be accompanied by a copy of the plan of the proposed site duly endorsed by him under his official seal.
(3) The Chief Controller or the Controller as the case may be, may refer an application not accompanied by certificate granted under sub-rule (1) to the District Authority for his observations.
(4) If the District Authority, either on a reference being made to him or otherwise, intimates to the Chief Controller or the Controller as the case may be, that any licence which has been applied for should not, in his opinion, be granted, such licence shall not be issued without the sanction of the Central Government.
(5) The District Authority shall complete his inquiry for issuing NO OBJECTION CERTIFICATE (NOC) under sub-rule (1) and shall complete the action for issue or refusal of the NOC, as the case may be, as expeditiously as possible but not later than three months form the date of receipt of application by him.

Collector has inquired and received positive reply from 7 departments like Fire, Town and country planing, Police,Forest,Naazul,PWD,Electrical Inspector etc.

My Questions:

District Collector neither has refused nor issued the NOC so far. As it is going to be three months from date of application now, will it be treated as deemed NOC under sub rule 5 ? if yes please provide some citations.

In case it is deemed NOC then in absence of any document from District Collector, how can we apply for Licence from Controller as per sub rule 3 .

What should be our line of action in case Collector does not issue NOC in next 15 days ?

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