' ABDUL MAJID TIWANA, J.---This Intra-Court Appeal is directed against the judgment, dated 17-10- 1992, by which a learned Single Judge of Multan Bench dismissed Writ Petition No,2590 of 1992 brought by Ch.-Muhammad Shafi, the appellant herein, challenging the validity of 'No Objection Certificate' issued by the Deputy Commissioner, Multan, respondent No,3, under rule 115 of the Petroleum Rules, 1937 for setting up a petrol pump by Pakistan State Oils Company Ltd., respondent No,12, (hereinafter referred to as the P.S.O) on the residential plot No,94-A in Gulgasht Colony, Multan, belonging to Mst. Zuhra Jabeen, respondent No,13, and her husband Abdul Rehman Khitran, respondent No,14.
2. The facts, as stated in the writ petition and relevant for the purpose of this appeal, are that the P.S.O. Wanted to instal a petrol pump on residential plot No,94-A situated in New Satellite Town, Multan generally known as Gulgasht-e-Multan, belonging to Mst. Zuhra Jabeen respondent but their previous efforts to obtain No-Objection Certificate' from the Deputy Commissioner/District Authority, Multan had proved abortive. This time they planned to approach Chief Minister of the Punjab for obtaining his ordeRs, So, on her application, the Chief Minister was pleased to issue the following directive contained in the letter, dated 7-10-1991, addressed by his Additional Secretary to the Deputy Commissioner, Multan:-- "On presentation of enclosed application Chief Minister has been pleased to approve issuance of NOC for installation of petrol pump on Main Gulgasht Colony Road (Near Gole Bagh) at Gulgasht Colony Multan in favour of Zohra Jabeen w/o Abdur Rehman Khan Khitran subject to fulfilment of all conditions."
3. To take advantage of the above directive, the P.S.O on 4-5-1992 formally applied to the Deputy Commissioner, Multan, (respondent No,3) for the issuance of requisite No-Objection Certificate' for the installation of petrol pump at the abovementioned site and submitted lay-out plan therefor. To carry out the above directive of the Chief Minister of the Punjab, the Deputy Commissioner, Multan, formally consulted various Departmental Heads in the district (who are respondents Nos,4 to 9) and they all in obedience to, or in deference of the said directive of the Chief Minister, without exercising their independent discretion, willy nilly agreed to the proposed installation of the petrol pump and the Deputy Commissioner, Multan (respondent No,3), without taking into account the fact that the installation of petrol pump in the thickly populated residential locality of Multan Town and the inconvenience of its residents, particularly of the neighbours, proceeded to issue 'No- Objection Certificate' on 2-8-1992 to enable the P.S.O.. To obtain licence from Chief Inspector of Explosive (respondent No, 10) and Inspector of Explosive (respondent No,11). However, before obtaining such licence from them, the P.S.O. Displaying its highhandedness, in anticipation thereof, proceeded to establish an outlet at the aforesaid place on 15-8-1992. The appellant, who has his residential accommodation in the immediate neighbourhood of the aforesaid plot, aggrieved by the action of various District Authorities, including Deputy Commissioner, brought the writ petition giving rise to this appeal, challenging its legality, inter alia, on the ground that:--
(a) the Deputy Commissioner, Multan (respondent No,3) in performance of his statutory functions under the 1937 Rules was bound to satisfy himself, independent of any extraneous influence, that the petrol pump could lawfully be set up at the proposed place but he obediently acting under the abovementioned illegal directive of the Chief Minister and without applying his independent mind, proceeded to issue No-Objection Certificate' in favour of the P.S.O. And Mst. Zuhra Jabeen, after ignoring the views of Municipal Corporation, Multan, expressed earlier in the year 1986;
(b) the Deputy Commisioner, Multan (respondent No,3) did not satisfy himself about the propriety of the site for the installation of petrol pump, nor did he summon and hear the residents of the locality, including the petitioner, who was immediate neighbour, to ascertain their views;
(c) plot No,94-A was allotted by the Housing Department to Abdul Rehman Khitran (respondent No,14), the husband of Mst. Zuhra Jabeen (respondent No,13), in Gulgasht Scheme, Multan, for residential purposes and not for commercial purposes and it could not be converted for commercial use;
(d) the District Authorities or the heads of concerned departments (who are respondents Nos,4 to 9) gave their recommendation in routine, without exercising their independent discretion, obviously under the influence of the abovementioned directive of the Chief Minister, and reference to, and reliance on, those recommedations by the Deputy Commissioner was only an eye-wash; and
(e) the Assistant Commissioner (City), Multan, who was deputed by the Deputy Commissioner to ascertain the propriety of the request of the P.S.O., only recorded the statement of the husband of Mst. Zuhra Jabeen respondent and did not examine any other person of the locality, much less the neigbours, including the appellant, and submitted a false report, which inter alia formed a basis for the No-Objection Certificate' issued by the Deputy Commissioner, Multan.
4. The writ petition was contested by Deputy Commissioner (respondent No,3), the P.S.O.
(respondent No,12) Mst. Zuhra Jabeen (respondent No, 13), and her husband Abdul Rehman Khitran (respondent No,14.). In his parawise comments, the Deputy Commissioner, Multan, took up the position that residents of the locality, rather, the neighbours of the site, including Ch. Muhammad Shafi appellant, who is resident of adjacent house No,102-A in Gulgasht Colony, Multan, all had agreed on the installation of the proposed petrol pump, through a written application duly signed by them. He admitted that the Chief Minister of the Punjab had, no doubt, approved the issuance of `No-Objection Certificate' for the installation of the proposed petrol pump, vide his directive, dated 7-10-1991, but denied that he acted under this directive and did not apply his independent mind. He alleged that all district heads of concerned departments such as S.S.P., Multan, including Assistant Commissioner (City), were consulted and on the basis of their recommedations, including the directives of the Chief Minister, he validly issued No-Objection Certificate' for the installation of petrol pump at the disputed site.
5. The learned Single Judge, after considering the pleadings of the parties and hearing their counsel, dismissed the writ petition by the impugned order. Aggrieved by his findings, the appellant has preferred the appeal.
6. We have heard the learned counsel for the parties, including the learned Additional Advocate- General, who represents the official respondents, at sufficient length. The main contention of the asppellant's counsel is that the site, on which the proposed petrol pump has already been installed by the P.S.O. In collusion with its owners in anticipation of the issuance of the requisite licence therefor, is situated in a thickly populated residential area of Multan Town and its installation, which shall inevitably entail the storage of highly cumbustible substance like gasoline, in all probability, is likely to endanger life and property of the residents of the locality, particularly of those who reside in its immediate neighbourhood, as the appellant is and for that reason there was no justification for the District Authorities to permit such like commercial activities which even the Provincial Government, while sanctioning the layout plan of the New Satellite Town generally known as Gulgasht-eMultan, did not allow. According to the learned counsel for the appellant, previously in the year 1986 a joint effort was made by the P.S.O. And Mr. Abdul Rehman Khitran respondent for the installation of a petrol pump on the site in question but they had failed due to strong opposition from District Authorities, including the Deputy Commissioner, Multan, but on the second attempt they happened to influence the Chief Minister of the Punjab, who acting illegally and without jurisdiction, issued unlawful directives to the Deputy Commissioner, Multan, for the issuance of 'No- Objection Certificate' and the latter, in compliance of those directives, proceeded to illegally issue `No-Objection Certificate' in favour of the P.S.O. And Mst. Zuhra Jabeen respondent, the present owner of the plot as the alleged transferee for her husband Abdul Rehman Khitran respondent.
7. On the contrary, it has been argued on behalf of the contesting respondents that the directive of the Chief Minister referred to above, was nothing but a mere forwarding of the application of Mst.
Zuhran Jabeen respondent to the Deputy Commissioner, Multan, for the issuance of 'No-Objection Certificate' and the latter, on the recommendations of the District Authorities and after applying his independent mind, issued No-Objection 'Certificate' for the installation of petrol pump by the P.S.O.
On the site owned by the said lady and in doing so he acted within the four corners of the law as contained in the Petroleum Rules, 1937. According to the learned counsel, Assistant Commissioner (City), Multan under the directions of Deputy Commissioner, Multan, conducted on the spot inquiry about the propriety of the proposed installation of the petrol pump and a large number of people of locality, including the neighbours, signified their consent to this proposal and the Deputy Commissioner, while granting the impugned No-Objection Certificate', also kept in view his report based on factual enquiry, though he also considered the directive of the Chief Minister. With reference to the copy of application dated 1-11-985 at page 103 of the paper-book of the writ petition, he contends that some time back the people of Gulgasht Colony, Multan, including the appellant himself, had made a joint request to the authorities for the installation of a petrol pump within this locality for their joint convenience because they had to travel long distances for getting fuel for their vehicles and the appellant is now estopped from opposing the installation of petrol pump on the site in question.
8. When confronted with the copy of the aforesaid application, the learned counsel for the appellant has admitted the signatures of his client as one of the signatures thereof but he has explained that on this joint request a petrol pump was installed on Bosan Road, the main road of the locality, and reference to the said application is not relevant. Referring to various decisions of the superior Courts on the question of estoppel, he submits that the P.S.O. And its collaborators did not act and change their position on the said joint application, rather, they acted independently thereof and there is no estoppel against the appellant on that account. In view of the explanation furnished by the appellant's counsel, the learned counsel for the contesting respondents, when called upon to comment upon such explanation, has admitted the installation of a petrol pump on Bosan Road but has contended that this petrol pump has nothing to do with the one requested for in the joint application of the residents of the locality because it is on Bosan Road which is the dividing line between Gulgashat Colony and another locality and it is not within the Gulgashat Colony.
9. The main impediment, in our view, against the appellant is his own request in the joint application wherein he apparently invited, the trouble himslef. This application, however, does not stand in his way because the petrol pump, presumably on the request of the signatories of this application, was later on installed on the Boson Road. This is one of the main thoroughfares of Multan Town and keeping its width and location, the petrol pump could conveniently be installed thereon without causing any inconvenience to the nearby residents of the locality or posing any danger to their life and property. If this thorughfare does not exactly pass through Gulgashat Colony it is at least admittedly contiguous to it and serves the purpose of the residents of this locality for which they had made the aforesaid application to the Housing and Physical Department. Therefore, this application has no relevancey to the matter in controversy in the writ petition giving rise to this appeal, nor the appellant is estopped by his words and conduct contained therein more so-when the site in question is situated on an internal road of Gulgasht Colony in the centre of its residential area.
10. Now we proceed to consider the validity of the No-Objection Certificate' issued by the Deputy Commissioner, Mu'tan, as the District Authority under 1937 Rules. Under these Rules the District Authority is the District Magistrate or the Deputy Commissioner of the District to whom a request is made for the issuance of No-Objection Certificate' for the installation of a petrol pump at any place in the district. On the receipt of application he consults the heads of concerned departments in the district, such as Police, Highways Corporation/Municipal Committee, if the proposed site is in any town, Health Department, Housing and Physical Planning Department etc. Through some of his own officers he also gets on-the-spot inquiry carried out to ascertain the views of the residents of the locality. After considering their views, he issues or withholds the grant of No-Objection Certificate' and once he takes a decision for its grant or refusal then it becomes difficult for the licensing authorities, namely, the Chief Inspector/Inspector Explosives of the Federal Government, to differ with him because in that event the matter has to be referred to the Federal Government for decision and he would not like to involve himself in this controversy. Therefore, the general practice is that once the Deputy Commissioner/District Magistrate grants No-Objection Certificate', to a person for the installation of a petrol pump, the Chief Inspector/Inspector Exposives issues the licence for setting up the petrol pump. In other words, at the Federal level then it becomes a routine affair and the basic thing is the grant of No-Objection Certificate' by the Deputy Commissioner/District Magistrate of the district concerned.
' In the instant case, the P.S.O and Mst. Zuhra Jabeen respondents should have ordinarily made an application to the Deputy Commissioner/District Magistrate, Multan for the grant of "No-Objection Certificate" but perhaps on account of the failure on their previous attempt in this regard, they thought proper to make an application to the Chief Minister of the Punjab, who, in the abovementioned directive for the reasons best known to him, almost directed the Deputy Commissioner, Multan to issue "No-Objection Certificate" to them. The words "on the presentation of the enclosed application" (moved by Mst. Zuhra Jabeen respondent) Chief Minister has been pleased to approve issuance of "No-Objection Certificate" for the installation of petrol pump..." are nothing else but a command from him to the Deputy Commissioner and he virtually accepted her application, leaving no option for the Deputy. Commissioner to refuse the grant of "No-Objection Certificate to her. The rest of the directive "subject. To fulfilment of all conditions on which the P.S.O.'s counsel has vainly laid much stress to show the independent application of mind by the Deputy Commissioner, was only a formality, which he had to comply with if he was not to incur his displeasure. His consultation of the heads of the concerned departments in the district was only a formality. Faced with the clear orders of the Chief Executive of the Province, like Deputy Commissioner, Multan, the heads of those departments also could not say anything contrary to it.
Some of them in their respective recommendations even referred to the directives of the Chief Minister and indicated their consent on that account.
12. In the circumstances prevalent in the country now a days, especially in the Province of the Punjab, when most of the high-placed political functionaries are running the affairs of the State in a despotic and arbitrary manner, the bureaucracy, which during the good old days used to tell them that a particular order or action being not in accordance with law was not executable, has almost crumbled down under their compulsive will and they have no alternative except to obey their legal or illegal commands or to suffer irreparably in their service career. Therefore, the 'No Objection Certificate' was issued by the Deputy Commissioner under the illegal command of the Chief Minister of the Punjab and neither he nor any other head of concerned department applied his independent mind or exercised his independent discretion. So far as the competence of the Chief Minister was concerned, he did not figure anywhere in any capacity in the Petroleum Rules, 1937 and had no authority or jurisdiction whatsoever to direct the Deputy Commissioner, Multan, for the grant of No-Objection Certificate' to the P.S.O. And Mst. Zuhra Bibi respondents for the installation of a petrol pump on her plot in the centre of thickly populated area of a posh residential colony of Multan Town the installation of which, on account of its very nature and character of the business, passed a serious threat to the life and property of the inhabitants of the area, especially the immediate neighbours as the appellant is.
13. In view of the above, the appeal is accepted with costs, the impugned judgment of the learned Single Judge is set aside and the writ petition of the appellant is accepted against the respondents, granting him the declaration prayed for against them.