Judgment N.K.Sud, J. 1. The challenge in this writ petition is to the order dated 4.6.2005 (Annexure P-10) passed by District Magistrate, Kaithal, suspending the no objection certificate (NOC) dated 1.3.2005 on the following grounds:- (i) that the petitioner has not taken the permission of the Government of India for the purpose of using of forest land as required under Section 2 of the Forest Conservation Act, 1980. (ii) It has not obtained the completion certificate from the National Highway Authority & (iii) It has not taken completion certificate from the District Town Planner. 2. At the very outset, learned counsel for the petitioner submits that there is no provision under the Petroleum Rules, 2002 (for short the Rules) whereby once an N.O.C. has been granted can be suspended. He points out that the N.O.C. can be suspended only on the ground that the licensee has ceased to have any right to use the site for storing petroleum. He further points out that even that power can be exercised after giving a reasonable opportunity of being heard to the licensee. He further contends that in the present case even while passing the suspension order, no opportunity has been afforded to the petitioner. 3. The learned Additional Advocate General had not been able to controvert the legal submissions raised by counsel for the petitioner. He had therefore, prayed for an adjournment to request the District Magistrate Kaithal to be present in Court for explaining this position. 4. Mr. Balbir Singh Malik, District Magistrate, Kaithal is present in Court. He has not been able to refer to any provision in the Act or the rules to show that the District Authorities have any power to suspend an N.O.C. once granted. He however, states that the power to cancel the N.O.C. conferred on the District Authorities, includes the power to suspend the same. 5. There is no merit in this contention. A conjoint reading of Rules 150 and 152 of the Rules shows that the rule making authority is quite alive to the distinction between cancellation and suspension. Under Rule 150, the District Magistrate has been conferred only the power to cancel a no objection certificate and that too only on a limited ground, i.e. if he is satisfied that the licensee has ceased to have any right to use the site for storing petroleum.
Under Rule 150, the District Magistrate has been conferred only the power to cancel a no objection certificate and that too only on a limited ground, i.e. if he is satisfied that the licensee has ceased to have any right to use the site for storing petroleum. On the other hand, Rule 152 of the Rules, which deals with cancellation of a licence, specifically confers the power of suspension also. Thus, wherever the rule making authority intended to confer the power of suspension, it has been specifically so provided in the rules. 6. In view of the above, we are satisfied that the impugned order Annexure P-10 cannot be sustained. The same is accordingly quashed. 7. Before parting, we may observe that we have not been able to appreciate the approach of the District authorities in issuing conditional/provisional No Objection Certificates. There is no provision either under the Act or the rules for issue of suchlike No Objaction Certificates. 8. This order, however, shall not preclude the respondents from proceeding against the petitioner in accordance with law in case there is any violation of any legal provision or rule. 9. The writ petition is accordingly allowed in the above terms. No costs.