JUDGMENT :

N. NAGARESH, J.

1. The petitioner is a registered partnership firm which intends to start a retail fuel outlet in 30.5 Cents of land in Kodakara Village of Chalakudy Taluk.

2. The petitioner states that the land is dry land and all Revenue records described the land as dry land. When the petitioner submitted application to the Kerala State Pollution Control Board seeking Consent to Establish under the Air (Prevention and Control of Pollution) Act, 1981, the application was rejected on the ground that the siting criteria prescribed for petrol pump units, was not satisfied with.

3. The petitioner states that the Pollution Control Board Authorities have taken a stand that siting criteria prescribed is not found satisfied based on Ext.P9 Addendum to Guidelines issued by the Pollution Control Board for setting up of new petrol pumps.

4. The petitioner would submit that the said Addendum, particularly sub-clause (a) thereof will not affect the land of the petitioner because the only water body in the land which is a pond, is a manmade pond and it is not included in Revenue records. Therefore, Ext.P8 is liable to be interfered with and the Environmental Engineer is compellable to is