JUDGMENT : 1. The petitioners have sought a direction upon respondents No.5 and 6 to de-seal their petroleum outlet and to allow them to install/operate the petroleum outlet at Shahpora Ganderbal. 2. It appears that the petitioners had applied for retail outlet dealership of petroleum pump at the site “within three kilometers from Beehama Chowk towards Vail Ganderbal” vide their application dated 19th December, 2018. Respondent No.3-Hindustan Petroleum Corporation Limited, informed the petitioners vide its letter dated 12.02.2019 that they have been selected for the purpose. After completing the requisite formalities as were required to be done, the petitioners offered a piece of land measuring 30 meters frontage X 30 meters in depth in Khasra No.333/101-min and 454/100-min situated at Village Shahpora Tehsil and District Ganderbal for setting up the petroleum outlet. The said land was found to be suitable, whereafter respondent No.2, vide his communication dated 25.07.2019, requested respondent No.5-Deputy Commissioner, Ganderbal to grant No Objection Certificate for installation of the retail outlet/petrol pump on the land offered by the petitioners. Accordingly, respondent Deputy Commissioner, vide his letter dated 2nd August, 2019 sought comments from various departments including the Traffic, PWD (R&B), PHE Department, Power Development Department, Irrigation and Flood Control Division, Ganderbal, Pollution Control Board, Ganderbal and Fire & Emergency Services, Ganderbal. After receiving the comments of these departments, the respondent Deputy Commissioner vide his communication dated 28th July, 2022, issued No Objection Certificate for installation of the retail petroleum outlet at the site offered by the petitioners subject to certain conditions, one of which related to change of land use permission from the competent authority. 3. The petitioners claim that they applied for change of land use with the office of Deputy Commissioner, Ganderbal, and the said office, after getting report from concerned Naib Tehsildar and Tehsildar, reverted the application of the petitioners for change of land use with the remarks that the competent authority for change of land use permission and building permission in the area in question is the concerned Development Authority as the area is covered under Master Plan 2035 of Srinagar Development Authority. The petitioners claim that they approached the Srinagar Development Authority for change of land use, but they were informed that land use Regulations are contained in the Master Plan 2035 itself and the same cannot be changed. 4. The petitioners claim that they approached the Srinagar Development Authority for change of land use, but they were informed that land use Regulations are contained in the Master Plan 2035 itself and the same cannot be changed. 4. It is claimed by the petitioners that as per Master Plan 2035, the public utilities like petrol pump are permissible to be established on agricultural land, as such, change of land use is not required for establishment of petrol pump at the site offered. It is contended that despite this position of law, the official respondents are interfering in the installation of petroleum retail outlet at the aforesaid site and respondent No.6 has sealed the petrol pump without even passing any order to this effect. It is contended that the said respondent has no power or authority to do so. 5. Reply to the writ petition has been filed by respondent No.5, wherein it has been submitted that as per report of the Naib Tehsildar, Ganderbal, the petitioners have raised unauthorized construction of petrol pump on the land under Survey No.530, 330, 101, 609, 454/100 at Shahpora. It has been submitted that the petitioners have been asked to get proper permission for the change of land use, but they have failed to do so, as a result of which they were asked to stop construction on spot. 6. An application was made by one Tassaduq Hussain Khan S/o Sher Ali Khan for his impleadment as a party to the writ petition in which it has been submitted that the petitioners have not obtained requisite permissions and clearances before installing the petrol pump and that they have violated basic norms and conditions, precedent for allowing the operation or construction of a petrol pump. The applicant claims that he is residing adjacent to the land on which the petrol pump is being installed. Vide order dated 09.03.2023, the above named applicant has been permitted to intervene in the matter and address his arguments. 7. I have heard learned counsel for the parties and perused the record of the case. 8. The grievance projected by the petitioner is that despite having adhered to all the norms and despite having obtained all the clearances, they are not being allowed to install and operate the petroleum outlet which has been allocated in their favour by respondent Hindustan Petroleum Corporation Limited. 8. The grievance projected by the petitioner is that despite having adhered to all the norms and despite having obtained all the clearances, they are not being allowed to install and operate the petroleum outlet which has been allocated in their favour by respondent Hindustan Petroleum Corporation Limited. The stand of respondent No.6-Tehsildar, Ganderbal, is that the petitioners have not obtained the permission for change of land use, therefore, they cannot be allowed to install and operate the petrol pump whereas the stand of the intervenor is that the petitioners have not obtained necessary clearances, particularly from the Fire & Emergency Department. It has also been contended that the norms regarding change of land use and the maintenance of distance from residential areas, which according to the intervenor should be at least 50 meters, have not been adhered to by the petitioners. 9. It is not in dispute that the petroleum outlet has been allocated in favour of the petitioners by respondent Corporation and the land offered by the petitioners has been found to be suitable by the said Corporation. The respondent Corporation has addressed communication to the respondent Deputy Commissioner and sought clearance for installation of the petrol pump from him. The Deputy Commissioner, in turn, has sought comments from different departments, as indicated hereinbefore, and the said departments have also furnished their comments. After getting the comments of these departments, the Deputy Commissioner has, vide his letter dated 28.07.2022, conveyed no objection to installation of retail petroleum outlet on the land offered by the petitioners which is situated at Shahpora Tehsil Ganderbal on Survey No.333/101, 454/100. The No Objection Certificate has been granted by the Deputy Commissioner subject to the following conditions : (1) The applicant shall avail change of land use permission from the competent Authority. (2) The NOC is issued subject to the conditions stipulated in the NOC's issued by the respective departments. (3) The company shall adhere to the rules and regulations as prescribed in the Petroleum Act 1934 and the Petroleum Rules made thereof. (4) The land holder shall be under obligation to make contribution annually towards local CSR and shall initially deposit Rs 5000/= (Rupees Five Thousand only) in the official account SN 110(Chairman District Red Cross Society Ganderbal). (5) In case of violation of any kind, the NOC shall be considered cancelled ab-initio. 10. (4) The land holder shall be under obligation to make contribution annually towards local CSR and shall initially deposit Rs 5000/= (Rupees Five Thousand only) in the official account SN 110(Chairman District Red Cross Society Ganderbal). (5) In case of violation of any kind, the NOC shall be considered cancelled ab-initio. 10. As per condition No.(1), the petitioners have to avail change of land use permission from the competent authority. It appears that the petitioners pursuant to the issuance of aforesaid No Objection Certificate applied before District Collector, Ganderbal/Deputy Commissioner, Ganderbal, for grant of permission for change of land use in the prescribed form. It also appears that the Deputy Commissioner has obtained report from the concerned Tehsildar/Naib Tehsildar and in the said report it has been indicated that the land measuring 08 marlas in Survey No.530, 533 and 101 and land measuring 02 kanals 11 ½ marlas in Survey No.609, 454 and 100 situated at Shahpora is under physical possession of petitioner No.2 out of which the land measuring 08 marlas is Maidani and rest of the land is recorded as Aabi Awal. It is also reported that the land in question is free from all encumbrances. Accordingly, the case has been recommended for change of agricultural land to non-agricultural purpose under J&K Land Revenue Act. After getting the report from the Tehsildar concerned, the Deputy Commissioner on 25th June 2022 reverted the application with the remarks that the competent authority for change of land use permission in the relevant area is concerned Development Authority. 11. Learned counsel for the petitioners has submitted that the petitioner approached the Srinagar Development Authority for obtaining the requisite permission, but it was conveyed to them that there is no need of permission for change of land use if the activity which the petitioners are proposing to undertake is permissible under the Master Plan 2035 on the said land. 12. Section 3 (1) of the Development Act, 1970, vests power with the Government to declare any area to be local area for the purposes of the said Act and to constitute an Authority to be called the Development Authority for the said area. 12. Section 3 (1) of the Development Act, 1970, vests power with the Government to declare any area to be local area for the purposes of the said Act and to constitute an Authority to be called the Development Authority for the said area. Srinagar Development Authority has been constituted by the Government in exercise of this power and the local areas of the said Authority have been notified in terms of SRO 43 dated 2nd February, 1971, SRO 28 of 2003 and SRO 429 dated 21.10.2014. As per SRO 429 dated 21.10.2014, Village Shahpora, and Beehama which are situated in Ganderbal Tehsil, have been notified to be included in the local area of Srinagar Development Authority. 13. Section 8 of the Development Act provides that simultaneously with the preparation of Master Plan, the Authority has to proceed with the preparation of a zonal development plan for each of the zones into which a local area may be divided and provide for development plan for each zone. As per Master Plan 2035, Srinagar Metropolitan region, Zonal Land Use Regulations have been provided and permissible uses under agricultural zone includes petrol pumps as well. 14. Section 133-A of the Land Revenue Act, which has come into operation with effect from 26th October, 2020, provides for restriction on conversion of agricultural land and process for permission of non-agricultural use. Sub-section (1) of the said provision provides that no land used for agricultural purpose shall be used for any non-agricultural purpose except with the permission of the District Collector, which has to be as per the procedure notified in sub-section (4) of the said provision. Sub-section (2),which is relevant to the context, is reproduced as under : (2) Notwithstanding anything contained in sub-section (1), an owner or occupant, who wishes to put his agricultural land into non-agricultural uses as provided in the regional plan, development plan or master plan as the case may be, shall do so it after payment of conversion charges as prescribed by the Board from time to time. 15. From a perusal of the aforesaid provision, it is clear that an owner or occupant, who desires to put his agricultural land into non-agricultural uses as provided in the Master Plan, can do so after payment of conversion charges as prescribed by the Board from time to time. 15. From a perusal of the aforesaid provision, it is clear that an owner or occupant, who desires to put his agricultural land into non-agricultural uses as provided in the Master Plan, can do so after payment of conversion charges as prescribed by the Board from time to time. In the instant case, the land identified for installation of the petrol pump is located in the local area notified by Srinagar Development Authority and as per Master Plan 2035, the petrol pump is permissible on an agricultural land. Therefore, the petitioners, in order to set up the petrol pump on the land in question, have to comply with the provisions contained in Section 133-A(2) of the Land Revenue Act by making payment of conversion charges, as may be prescribed by the Board of Revenue constituted under Section 5A of the Land Revenue Act. 16. The contention of the petitioners that they are automatically entitled to set up a petrol pump at the site in question because the same is located within the local area of Srinagar Development Act and setting up of a petrol pump is permissible in agricultural land in the said area as per Master Plan 2035, does not have any force. As already noted, even if setting up of the petrol pump is permissible on the land of the petitioners, still then they have to follow the procedure prescribed under Section 133-A (2) of the Land Revenue Act and apply before the Board of Revenue for determination of conversion charges, whereafter they have to deposit the said charges. It is only after adhering to these formalities that the petitioners can set up a petrol pump at the site in question. 17. Apart from this, the petitioners will also have to adhere to other conditions mentioned in the No Objection Certificate issued by the Deputy Commissioner, Ganderbal, which includes the conditions and stipulations laid down by different departments in their No Objection Certificates. The learned counsel for the intervenor is right in his submission that the petitioners can set up the petrol pump only after they adhere to and comply with the conditions mentioned in the No Objection Certificates granted by different departments, particularly the conditions mentioned in the No Objection Certificate issued by Fire & Emergency Department. 18. The learned counsel for the intervenor is right in his submission that the petitioners can set up the petrol pump only after they adhere to and comply with the conditions mentioned in the No Objection Certificates granted by different departments, particularly the conditions mentioned in the No Objection Certificate issued by Fire & Emergency Department. 18. It has been contended by learned counsel for the intervenor that the land of the petitioners does not fall in the local area notified vide SRO 429 dated 21.10.2014 because it is only Khasra Nos.1 to 324 that are included in the local area of Srinagar Development Authority whereas the land of the petitioners is located in different Khasra numbers. The contention of learned counsel for the intervenor is without any substance for the reason that the Deputy Commissioner, Ganderbal, has, while considering the application of the petitioners for change of land use, clearly indicated in his remarks dated 25th June, 2022, that land of the petitioners is covered under Master Plan 2035 of Srinagar Development Authority under SRO 429 dated 21.10.2014. 19. In view of what has been discussed hereinbefore, it is clear that the petitioners can install/operate the petrol outlet at the side in question only after adhering to the norms relating to land use change and the conditions laid down in the No Objections Certificate issued by various departments. 20. Accordingly, the writ petition is disposed of with a direction to the official respondents that in the event the petitioners comply with norms relating to land use change and adhere to all the conditions laid down by the Deputy Commissioner, Ganderbal, in his No Objection Certificate dated 28th July, 2022, and the conditions laid down by other departments in their No Objection Certificates, the respondents shall not interfere in installation/operation of the petroleum outlet by the petitioners.