MUHAMMAD SAJID MEHMOOD SETHI, J. Through instant petition, petitioner has challenged order dated 30.11.2021, passed by respondent No.2/Deputy Commissioner, Faisalabad, whereby petitioner's request for change of Oil Marketing Company from M/s Askar Oil Company Pvt. Limited to M/s Gas and Oil Pakistan Pvt. Limited for the purpose of installation of retail outlet/Petrol Pump, was not acceded to rather fresh report/NOCs were sought.
2. Brief facts of the case are that petitioner being owner of the land fully detailed in Para No.1-A of instant petition, approached the Oil Marketing Company ("OMC") namely Askar Oil Company Pvt.
Limited for installation of retail outlet/Petrol Pump after obtaining NOCs from 14 government departments with regard to the site of the Petrol Pump. However, during the course of proceedings it surfaced that Askar Oil Company Pvt. Limited is not entitled to set up any retail outlet and matter of its regularization is subjudice before Hon'ble Islamabad High Court, Islamabad. Petitioner approached another OMC namely M/s Gas and Oil Pakistan Limited for the said purpose and in this regard the lease deed was also registered before Sub-Registrar City Faisalabad, Meanwhile, M/s Gas and Oil Pakistan, Limited requested respondent-authority for change of OMC from Askar Oil Services (Pvt.) Limited to M/s Gas and Oil Pakistan Limited, however, request was not acceded to rather fresh report/NOCs were sought vide order dated 30.11.2021, hence instant petition.
3. It is contended by learned counsel for petitioner that despite the fact that petitioner has obtained the requisite NOCs from the concerned quarters, she is being asked to obtain fresh NOCs without any legal justification. In this regard he has referred to Petroleum Rules, 1937 and read out Rule 115 (3) of the same which is reproduced as under: "115. Grant of licence.-(1)
Licences for importation, transportation and storage may be granted by the licensing authorities set forth in Schedule-I in the forms, for the purpose, and on payment of the fees specified therein.
(2)....
(3). Where the licensing authority is the Chief Inspector or an Inspector of Explosive and applicant for a new licence may apply to the District Authority, 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 may forward it to the Chief Inspector or an Inspector of Explosives with his application in Form-D"
When confronted, learned Law Officer could not rebut the fact that relevant rules have not been kept in view while passing the impugned order.
4. For facility of reference, operative part of impugned order is reproduced as under: "Enclosed please find a copy of this office letter No.6(25)/DOC/SG/2015/11617-30, dated 27.10.2015 on the subject noted above for necessary action.
2. The case was placed before the District Petrol Pump/CNG Committee in its meeting dated 12.11.2021 wherein the Committee observed that reports/ NOCs presented are relates to year 2015, 2016. Accordingly after detail discussion, the D.P.P.C. decided to re-examine the reports/NOCs by all concerned departments afresh and also clearance of/payment of condonation fee. The detail of NOCs/report issued from your respective department is as under: Sr.No. Name of DepartmentReport furnished Vide No. & Dated
1. Managing Director (Distribution).
SNGPL, Faisalabad.No.AOS/NOC, dated 11.12.2015
2. General Manager, SNGPL, (OPS), Faisalabad.No.OPS/103/F/523, dated 01.12.2015
3. General Manager, PTCL, Faisalabad.No.FTR/Coord/ Petrol Pump/NOC-2015/73 dated 26.11.2015
4. Chief Executive Officer, FESCO, FaisalabadNo.24241/DMO/MO- 20 B (NOC), dated 22.02.2016
5. Superintending Engineer, Lower Chenab Canal West Circle.
Faisalabad.No.375/103-R. dated 19.02.2016.
6. Director (TP-II), FDA.
FaisalabadNo.266/E&DC/FDA- 15, dated 25.02.2016
7. District Officer Roads, Highway Division, FaisalabadNo.1170/C, dated 03.03.2016
8. Chief Traffic Officer, FaisalabadNo.5656, dated 01.12.2015
9. Assistant Commissioner (City), FaisalabadNo.52-AC.City/HC, dated 21.01 2016
10. District Officer (Civil Defence), FaisalabadNo.C- 36/DOCDF/2015/2722 dated 14.11.2015
11. Town Municipal Officer, TMA - Lyallpur Town, FaisalabadNo.TO(r)LT.566 dated 30.11.2015
12. District Officer Forests, FaisalabadNo.233/LC, dated 11.11.2015
13. Municipal Officer (Planning), Municipal Corporation, Faislabad.No.M0P/1155/MCF, dated 27.10.2018
14. Deputy Director Environment FaisalabadNo.605/DD/EPA/FSD, dated 23.06.2021
3. You are, therefore, requested to furnish afresh report/NOCs after adjustment of departmental fee (if already paid) as to the suitability of the site for the purpose. The Assistant Commissioner (City), Faisalabad will also clear the status of condonation fee in his NOC/report enabling this office to proceed further."
5. Perusal of record shows that respondent-authority while passing the impugned order has not referred to any rules whatsoever and straightway directed to furnish fresh report/NOCs without giving any valid lawful reasons. The impugned order does not fulfill the requirements of a speaking order within the contemplation of Section 24-A of the General Clauses Act, 1897, which binds the public functionaries to dilate upon all aspects of the matters presented before them, while determining rights of the parties and decide the same after application of mind, assign cogent reasons and pass speaking orders. Reference, in this regard, is made to Messrs United Woollen Mills Ltd. Workers Union v. Messrs United Woollen Mills Ltd. (2010 SCMR 1475), Fasih-ud-Din Khan and others v. Government of Punjab and others (2010 SCMR 1778), Government of Pakistan through Director-General, Ministry of Interior, Islamabad and others v. Farheen Rashid (2011 SCMR 1), Messrs United Bank Ltd. v. Federation of Pakistan and others (2014 SCMR 856), Muhammad Amin Muhammad Bashir Limited v. Government of Pakistan through Secretary Ministry of Fingnce, Central Secretariat, Islamabad and others (2015 SCMR 630) and Khalid Humayun v. The NAB through D.G Quetta and others (PLD 2017 SC 194).
6. In view of the above, instant petition is allowed in the manner that impugned order dated 30.11.2021 is declared to be illegal and without lawful authority. Consequently, matter is remitted to respondent No.2 with the direction to decide the same afresh strictly in accordance with law and keeping in view the applicability Rules, after hearing petitioner and all concerned, through a well- reasoned speaking order, preferably within a period of thirty days from the date of receipt of certified copy of this order. Respondents are also directed to redress the grievance of petitioner relating to de-sealing of premises in question within a period of 03-days. Compliance report shall be furnished to this Court through Deputy Registrar (Judicial).