submitted an application for allotment of a Retail Outlet and he was selected by the Corporation for allotment of a Retail Outlet. The petitioner has further submitted that the letter of intent was issued on 02.09.2022 and a request was made by the Corporation to the District Magistrate for grant of NOC. By the impugned order dated 14.06.2023 the Executive Engineer, Nirman Khand, Public Works Department, Kushinagar (respondent no.5) has rejected the application submitted by the Corporation on the ground that the plot in question falls outside the limit of Nagar Panchayat Kaptanganj and there is one intersection within 300 meter from the said plot. It has also been argued that the plot offered by the petitioner for establishment of the retail outlet is recorded in the name of one Ram Naresh, who has given the land on lease for a period of 19 years and 11 months, and the said land is meeting the norms laid down by the Corporation. The petitioner has also filed declaration that adjacent to the offered land, there is no encroachment. The respondent no.5 has illegally refused to grant NOC to the petitioner on non-existence ground. There is no such guideline for determination of the distance to the intersection on highway but the same has been taken as ground for rejection of the NOC.
