JUDGMENT : The above writ petition is filed challenging Ext.P5 order passed by the 2nd respondent wherein the request made by the petitioner for grant of occupancy/assignment of building number was rejected for the reason that access width at the entrance to the compound wall of the plot to the building is only 4.58 metres, which runs counter to the minimum width of access of 7 metres warranted for Occupancy Group -I under Table 8A of Rule 28 of the Kerala Panchayat Building Rules, 2019 (hereinafter referred to as Rules, 2019). 2. The petitioner intends to start an LPG distributorship of the 7th respondent company. Pursuant to the letter of intent granted by 7th respondent, the petitioner took on lease the property as per Ext.P1. Later, the petitioner approached the 1st respondent for site approval and building permit for the erection of a building in connection with the business of LPG distribution and the 2nd respondent forwarded the application to the 6th respondent which was later approved. The petitioner has also obtained NOC from the 4th respondent and finally, Ext.P2 site approval and building permit were granted by the 1st respondent. As the building was not assigned building number by the 1st respondent, the petitioner approached this court filing W.P(C) No.17355 of 2022 which was disposed of as per Ext.P3 directing respondents 1 and 4 to conduct a joint inspection of the site to ascertain whether the width of the access road to the building of the petitioner satisfies the requirement of Rule 28 of the Rules, 2019. The 4th respondent conducted inspection along with the Panchayat authorities and Ext.P4 report was submitted holding that 7 metres width vehicular access road exists up to the compound of LPG Godown and it satisfies the NOC granted by the 4th respondent earlier. Later, the 2nd respondent without considering any of these relevant aspects declined the request of the petitioner for numbering the building as per Ext.P5 order holding that the entrance of the compound is only having 4.58 meters width and therefore, it goes against Rule 28, Table 8A of Rules, 2019 which mandates a width of 7 metres. Later, the 2nd respondent without considering any of these relevant aspects declined the request of the petitioner for numbering the building as per Ext.P5 order holding that the entrance of the compound is only having 4.58 meters width and therefore, it goes against Rule 28, Table 8A of Rules, 2019 which mandates a width of 7 metres. Petitioner has a specific case that the 7 metres width envisaged as per the above Rules will not take in the width of the entrance of the compound to the building and if such width is provided to the entrance of the compound it will be in violation of the provisions of the Gas Cylinder Rules, 2016 which specifically mandates that the compound wall gate width shall not be more than 1.25 metres. It is in the said circumstance, the petitioner has approached this Court challenging Ext.P5 order. 3. A counter affidavit has been filed by respondent Nos.1 and 2 supporting Ext.P5 order impugned in this writ petition. Even though the panchayat directed the petitioner to widen the access to the building as mandated in the Rules, 2019, the same was not complied by the petitioner. Pursuant to the direction issued by this Court in Ext.P3 judgment, an inspection was conducted, and Asst. Engineer, LSGD Section, Vettom Grama Panchayat submitted Ext.R1(a) report stating that in the entrance to the compound, the minimum width should be 7 metres as per Rule 28, Table 8A of Rules, 2019 but only 4.58 metres width is available and it was also reported that in the event of widening the entrance by 7 metres, the building number can be allotted. It is in light of the above-said report, Ext.P5 order was issued declining the numbering of the building. 4. The petitioner has filed a reply affidavit mainly contending that he has complied with the mandate of Rules, 2019 as well as the Gas Cylinder Rules, 2016. As per the licence condition stipulated for the construction of the LPG storage shed, the width of the compound wall gate of the plot where the shed is put up shall not be more than 1.2 metres and it is on account of security reasons, the Gas Cylinder Rules, 2016, prevent the entry of vehicles of any nature where the storage shed is situated. The width of the access road is 7 metres and therefore there is no violation of Rule 28 of Rules, 2019. It is also submitted that as per the Gas Cylinder Rules, 2016, 7 metres setback is to be provided to the storage shed at all four sides of the plot which has been duly provided. 5. The Deputy Chief Controller of Explosives was later impleaded as additional 8th respondent. A detailed counter affidavit has been filed by the additional 8th respondent mainly contending that the Petroleum and Explosive Safety Organization (PESO) grant licence in Form 'F' to store compressed gas in cylinders as per the provisions of Rule 50 and condition of licence in Form 'F' of Gas Cylinder Rules, 2016 on receipt of no objection certificate from the local body. It is further contended that the Rules mandate that minimum 1.8 meter high brick masonry compound wall shall be provided all around the LPG cylinder storage shed to maintain minimum safety distance and that the width of the gate of the compound wall giving access to the LPG cylinder storage shed shall not be more than 1.2 meters. The Rules further mandate that a dedicated LPG cylinder truck parking area shall be provided in front of the compound wall of the LPG cylinder storage shed, which shall be surrounded by an industrial type of fencing having a minimum of 2 meters height. It is true that the PESO has granted construction approval and that final licence will be granted after receipt of the required documents including NOC from the local authority. Since NOC was not produced from the local authority, licence was not granted to the petitioner. It is also stated that petitioner has not violated any of the provisions of the Gas Cylinder Rules, 2016 regarding the construction approval of the proposed LPG storage shed. Regarding access road to the compound wall of truck parking area, it is shown as 7 meters, in the drawing submitted before the authority. 6. The question to be considered is as to whether the stand taken by the respondent panchayat in Ext.P5 is in conformity with the provisions of Rule 28, Table 8A of the Rules, 2019 and providing 7 metres width at the access point to the compound as directed in Ext.P5 will violate the provisions of the Gas Cylinder Rules, 2016. 7. The question to be considered is as to whether the stand taken by the respondent panchayat in Ext.P5 is in conformity with the provisions of Rule 28, Table 8A of the Rules, 2019 and providing 7 metres width at the access point to the compound as directed in Ext.P5 will violate the provisions of the Gas Cylinder Rules, 2016. 7. It is profitable to extract the relevant portions of Rule 28 and Table 8A in Chapter IV of the Rules, 2019 which reads as follows: “28. Access -(1) The minimum width of access to a building and plot as well as the minimum width of the existing street giving access to the plot from the main street shall be as shown in Table 7, 8 and 8A, unless otherwise specifically mentioned elsewhere in these rules. The width of the main street shall not be less than the minimum width of access to the building and plot as well as width of street giving access to the plot. TABLE 8A ACCESS FOR OCCUPANCY GROUPS G1, G2, H, I, J Sl.No. Occupancy Total Floor area of buildings in sq. meters Minimum width of access required in meters (1) (2) (3) (4) 1 G1, G2 Upto 300 3.00 Above 300-1500 3.60 Above 1500-6000 5.00 Above 6000 6.00 2 H Above 300 7.00 3 I 7.00 4 J 12.00 (emphasis supplied) Rule 28 speaks about the minimum width of access to a building and plot and the minimum width of the existing street giving access to the plot from the main street. The Rule further mandates that the width of the main street shall not be less than the minimum width of access to the building and plot as well as the width of the street giving access to the plot. Going by Table 8A in Rule 28, the buildings coming under Group I occupancy, like petitioner’s building, the minimum width of access required is 7 metres irrespective of the total floor area of the building. The petitioner has produced Ext.P2 plan which would show that in the approved plan the access road is having 7 metres width and the entrance to the compound is also shown as having 7 metres width, which has now been provided with only 4.58 metres. The petitioner has produced Ext.P2 plan which would show that in the approved plan the access road is having 7 metres width and the entrance to the compound is also shown as having 7 metres width, which has now been provided with only 4.58 metres. A reading of Rule 28 along with Table 8A of Rule 2019, would clearly show that the minimum width of 7 metres is required not only to the access road but also to the access to the plot from the street. So a reading of the said Rule makes it explicitly clear that the width of the main street, the width of the access to the building and plot and as well as the width of the street giving access to the plot should be 7 metres in case of Group I occupancy. The case projected by the petitioner is that the width of the street giving access to the plot is 7 metres and therefore, it satisfies the mandate of Rule 28, Table 8A of the Rules 2019 even though, the width of the access to the building and the plot is only 4.58 metres. In my opinion, the minimum width of 7 metres provided in the Rules, 2019 for Group I occupancy is with a definite purpose as the said occupancy is considered as a hazardous occupancy. When the Rules provide that the main street as well as the street giving access to the plot should have a minimum access width of 7 metres, no purpose will be served if the minimum width of access to the building and plot is not 7 metres. Even though in Ext.P2 plan, 7 metres access width is provided, a perusal of Ext.P5 would reveal that only 4.58 metres access width is now provided. After showing the minimum access width to the building and plot as 7 metres in Ext P2 plan, the petitioner cannot deviate from the same. Therefore, I am of the opinion that the stand taken by respondents Nos.1 and 2 in Ext.P5 is in consonance with Rule 28, Table 8A of the Rules 2019. 8. Another contention taken by the petitioner is that if 7 metres access width is provided to the plot and building, it will be in violation of the conditions of licence under the Gas Cylinder Rules, 2016. 8. Another contention taken by the petitioner is that if 7 metres access width is provided to the plot and building, it will be in violation of the conditions of licence under the Gas Cylinder Rules, 2016. Petitioner submits that the licence to store compressed gas in cylinders is provided in Rule 50 of the Gas Cylinder Rules, 2016 which speaks about licence to be issued by the Chief Controller or Controller and Rule 50(3) mandates that every licence or approval shall be subject to the conditions specified therein. The conditions attached to the licence issued in Form F provided in Gas Cylinder Rules 2016 is relevant for consideration of this case. Condition Nos. 1, 5, and 7 are extracted below: “1. Construction details of LPG storage shed (a) LPG cylinder storage shed shall be constructed from any non flammable material having floor area of minimum 11 square meter for 1000 Kgs of LPG storage. Mastic flooring conforming to IS1195/1196 shall be provided in the LPG cylinder storage shed. The ventilator area shall be minimum 10 % of the floor area. Minimum safety distances as specified in table given in condition 5a of Form F licence shall be maintained and minimum 1.8 M high brick masonry compound wall shall be provided all around the LPG storage shed maintaining minimum safety distances as specified in condition 5a of form F license. Compound wall gate width shall not be more than 1.2 M. Dedicated LPG cylinder truck parking area in front of LPG cylinder storage shed shall be provided, which shall be surrounded by an industrial type of fencing of minimum 2.0 m height. (b) The licensed premises shall not be used for any purpose other than for keeping of compressed gas filled in cylinders. (b) The licensed premises shall not be used for any purpose other than for keeping of compressed gas filled in cylinders. xxxx xxxx xxxx 5.(a) The following distances shall be kept clear at all times, between any building, public place, public road or any adjoining property which may be built upon and the storage shed used for the storage of liquefied petroleum gas cylinder: Quantity of compressed gas in Cylinder Minimum distance to be kept clear 0-101 - 101-2000 3 2001-3000 4 3001-4000 5 4001-6000 6 6001-8000 7 8001-10000 8 10001-12000 9 12001-20000 12 Over 20000 15 Provided that the distance specified above may be reduced by the Chief Controller (i) where screen walls are provided or other special precautions taken, or (ii) where there are special circumstances which in the opinion of the Chief Controller would justify such reduction. (b) Minimum 3.0 m clear safety distances shall be maintained all around toxic gas and flammable gas storage shed other than LPG. An industrial type fencing of height not less than 2.0 M shall be provided all around the cylinder storage shed. xxxx xxxx xxxx 7. A shed used for storage of liquefied petroleum gas cylinder shall be surrounded by a suitable brick masonry compound wall of 1.8 meters high with a 1.2 meter wide gate to prevent unauthorized person from having access to the shed and its safety zone. Note: Suitable space for parking of truck and unloading or loading of cylinders shall be provided by the licensee.” (emphasis supplied) A perusal of the said conditions would show that there should be an LPG Cylinder storage shed constructed and minimum safety distance as specified in the Table given in Condition 5(a) of Form F (in the present case it is 7 metres) shall be maintained and minimum 1.8 mm high brick masonry compound wall shall be provided all around the LPG store shed maintaining minimum safety distances as specified in Condition 5(a) of Form F and compound wall gate width shall not be more than 1.2 metres. It is further stipulated that a dedicated LPG cylinder Truck parking area in front of LPG Cylinder storage shed shall be provided, which shall be surrounded by an industrial type of fencing of minimum 2 metres height. It is further stipulated that a dedicated LPG cylinder Truck parking area in front of LPG Cylinder storage shed shall be provided, which shall be surrounded by an industrial type of fencing of minimum 2 metres height. Condition 5(a) speaks about the distances that should be kept clear at all times between any building, public place, public road or any adjoining property which may be built upon and the storage shed used for the storage of LPG gas cylinders and going by the quantity of gas cylinder to be stored, the minimum distance to be kept is 7 metres. Therefore, a reading of the said conditions will make it explicitly clear that the licence condition speaks about a compound wall surrounding the shed and to provide 1.2 metres wide gate for the said compound wall so as to prevent any unauthorized persons from having access to the shed and its safety zone. The insistence of 1.2 metres wide gate is only in respect of the compound wall surrounding the storage shed and not regarding the access width to the plot which is 7 metres as mandated in the Rules 2019. Further, the Rules provide that the main road, the width of the street giving access to the road and minimum width of access to the building and plot shall not be less than 7 metres in case of Group I occupancy. The Gas Cylinder Rules also provide for keeping a clear distance of 7 metres between any building, public place, public road or any adjoining property which may be built upon and the storage shed used for the storage of LPG gas cylinders. So a combined reading of both the said Rules will only make it clear that a clear access width of 7 metres to the plot should be provided, otherwise, purpose of providing minimum width of access to a building and plot as well as the minimum width of the existing street, giving access to the plot from the main street will be rendered meaningless. Therefore, I am of the opinion that the insistence of 7 metres access width to the plot is perfectly in accordance with the Rules and is not violative of the provisions of the Gas Cylinder Rules, 2016. In view of the above, I find no reason to interfere with Ext.P5 order and the writ petition is accordingly dismissed.