2015 Supreme(Del) 285

High Court of Delhi
G. ROHINI & RAJIV SAHAI ENDLAW, JJ.
Harish Chander & Others – Appellant
Versus
Hindustan Petroleum Corporation Ltd. & Others – Respondent
W.P.(C) No. 2611 of 2012 & CMs Nos. 5584 of 2012 & 5729, 16629 of 2013 & 969 of 2014
Decided On : 23-02-2015

Headnote:

PETITION - PIL - RESTRAINING HPCL FROM CONSTRUCTING AND OPERATING PETROLEUM STORAGE DEPOT AT TIKRI KALAN - SHIFTING / RE-SITING OF PETROLEUM STORAGE INSTALLATION TO A SAFE DISTANCE - IDENTIFICATION OF APPROPRIATE ALTERNATIVE LAND FOR RE-LOCATING THE SAID PETROLEUM STORAGE DEPOT - QUASHING OF ENVIRONMENT CLEARANCE - QUASHING OF CONSENT ORDER - QUASHING OF CLEARANCES / NOC - QUASHING OF ZONAL PLAN - INCORPORATION OF MANDATORY SAFETY NORMS FOR INSTALLATION OF OIL AND PETROLEUM STORAGE DEPOTS IN THE PETROLEUM RULES, 2002 - DECLARATION OF ENVIRONMENT CLEARANCE AS VOID AB INITIO - DIRECTIONS TO REVIEW THE INSTANT INSTALLATION - DIRECTIONS TO ENSURE COMPLIANCE OF SAFETY GUIDELINES / PROCEDURES INTO DISASTER MANAGEMENT GUIDELINES - DIRECTIONS TO PROMPTLY PUBLISH ITS FINAL CHEMICAL DISASTER MANAGEMENT GUIDELINES - DIRECTIONS TO PREPARE A PROPER NATIONAL PLAN FOR DISASTER MANAGEMENT - DIRECTIONS TO MANDATE SAFETY AUDITS BEFORE SETTING UP OF HAZARDOUS PETROLEUM STORAGE INSTALLATIONS - DIRECTIONS TO FORMULATE POLICIES FOR INSTALLATION OF PETROLEUM / OIL DEPOTS - DIRECTIONS TO ENSURE COORDINATION BETWEEN ALL CONCERNED AGENCIES OF DELHI FOR SETTING UP / IMPLEMENTATION OF ANY PROJECT - FACT OF THE CASE, FINDINGS OF THE COURT, ISSUES, RATIO DECIDENDI AND FINAL DECISION.

Fact of the Case:

Petitioners, residents of village Tikri Kalan, sought reliefs to restrain HPCL from constructing and operating its Petroleum Storage Depot at Tikri Kalan, to shift / re-site its Petroleum Storage Installation to a safe distance, to identify appropriate alternative land for re-locating the said petroleum storage depot of HPCL, to quash the Environment Clearance, to quash the “consent order” if any issued by the Delhi Pollution Control Committee (DPCC), to quash the clearances / NOC if any issued by the Petroleum and Explosives Safety Organization (PESO), Ministry of Petroleum and Natural Gas (MoP&NG), Oil Industry Safety Directorate (OISD), to quash the Zonal Plan of the Delhi Development Authority (DDA) and the Clause 6.3 of the Master Plan of Delhi (MPD) notifying the said land near / in Tikri Kalan as a major storage site for oil, to incorporate mandatory safety norms for installation of oil and petroleum storage depots in the Petroleum Rules, 2002, to declare as mandatory and ensure compliance of the appropriate safety norms and safety standards with regard to installation of petroleum / oil depots all over India, to review the instant installation of HPCL’s petroleum / oil storage depot at Tikri Kalan in the light of M.B. Lal Committee report, to review the instant installation, to ensure compliance of Safety Guidelines / procedures into Disaster Management Guidelines, to prominently publish its final Chemical Disaster Management Guidelines, to prepare a proper National Plan for Disaster Management, to mandate safety audits before setting up of hazardous Petroleum Storage Installations and to review from time to time adherence to safety by such installations, to formulate policies for installation of petroleum / oil depots and to ensure coordination between all concerned agencies of Delhi for setting up / implementation of any project.

Finding of the Court:

The court found that the subject oil storage depot is situated on a land earmarked in the Master Plan for the said purpose and has been set up after obtaining all approvals, permissions, consents under all applicable laws, rules, regulations and notifications. The court also found that the Comprehensive Emergency Response and Disaster Management Plan, as was required to be in place as per the conditions of the approvals, consents, permissions granted for setting up of the oil storage depot, was not in place but now the same is also in place and has also been checked / tested in the mock drill. The court further found that the petitioners and the other residents of village Tikri Kalan though had opportunity to, at the time when the subject land was so earmarked for the purpose of oil storage and oil products installations, did not object. In fact the said land was acquired for the said purpose only and thus the villagers from whom the said land was acquired were fully aware of the purpose for which their land was being acquired.

Issues: 1. Whether the setting up of the subject oil storage depot is in contravention of any law, rule and regulation for this Court to interfere on such ground? 2. Whether the consents, permissions and approvals given by the various authorities for setting up of the said oil storage depot can be impugned and the relief of setting aside thereof can be granted? 3. Whether the subject installation being a ‘Red Category’ industry can be objected to?

Ratio Decidendi: 1. The court held that the setting up of the subject oil storage depot is not in contravention of any law, rule and regulation for this Court to interfere on such ground as it has been set up after obtaining all approvals, permissions, consents under all applicable laws, rules, regulations and notifications. 2. The court held that the consents, permissions and approvals given by the various authorities for setting up of the said oil storage depot cannot be impugned and the relief of setting aside thereof cannot be granted as the petitioners have not filed any documents showing the boundaries of the residential abadi of village Tikri Kalan as they existed at the time of acquisition of the subject land or as to how far the said abadi then was from the acquired land. The court also held that the petitioners have not filed any documents to show the title to the land within 500 mtrs. or for that matter 1 k.m. of the subject oil depot i.e. whether it is government land or the land of the Gram Sabha or belongs to any individual. 3. The court held that the subject installation being a ‘Red Category’ industry cannot be objected to as the draft Rules also, there is a provision for granting sanction to the ‘Red Category’ industries and it cannot thus be said that such industries are prohibited for which no consent can be given.

Final Decision: The petition was disposed of with directions to HPCL to comply and continue to comply with all the suggestions in the subject plan to a tee, to review the said plan from time to time and at least once every year and to keep updating the same with the changing circumstances, needs and with advancement in technology and to cooperate in the conduct of the mock drills herein below directed to be undertaken regularly from time to time and to comply with the all suggestions recommendations in accordance therewith, to ensure at all times the readiness of the human and other resources, part of the said plan, to enquire about the title of the land in the vicinity of the said installation and if the said land is found to be public land, to initiate action for removal of the encroachment in the form of residences therefrom, to from time to time, as part of its corporate social responsibility, educate the residents of the vicinity about the mock drill to be undertaken in the event of a disaster and about the other safety precautions, to comply with the suggestions, from time to time, of DDMA, NDMA and other regulatory body, to within four weeks hereof, designate and from time to time designate a General Manager level officer by name, to be responsible for compliance with all these directions as well as all rules / regulations concerning safety and maintenance and readiness of all preventive measures. Directions were also issued to GNCTD to enquire about the title to the land within a radius of about 500 mtrs. from the boundary wall of the subject oil storage depot and if the same is found to be public land, within six months hereof remove all encroachments therefrom, to within six months herefrom, prepare a scheme / plan for ensuring quick / timely response by the outside agencies at the time of need, including by making a scheme for blocking traffic on the access roads to enable the rescue teams to reach the subject site at the earliest. Directions were also issued to DDMA to periodically and in any case latest every year, conduct a mock drill to check the efficacy of the Comprehensive Emergency Response and Disaster Management Plan of HPCL and to issue necessary directions for making up deficiencies if any and suggestions for further improvement and to ensure compliance therewith.