The central legal point established is that the Pollution Control Board must consider expert opinions and apply its mind before issuing notices or making decisions under the Air (Prevention & Control of Pollution) Act, 1981.

S.J. MUKHOPADHAYA, J.

The writ petition has been preferred by the petitioner Association against the proceedings No.TNPCB/DEE/CHN/PB/Z-111 dated 13. 2002 issued by the Tamil Nadu Pollution Control Board under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981.

2. The grievance of the Association is that the Pollution Control Board is interfering with the matter of petroleum outlets, by issuing such notice to its members.

3. According to the learned counsel appearing on behalf of M/s. Indian Oil Corporation Ltd., the consent of the Pollution Control Board is not required for opening a petrol bunk, as, it no manner pollutes either water or air. It is stated that only in cases where servicing centre is located within the petrol bunk, it is advised to obtain consent from the Pollution Control Board, as effluent may be discharged on cleaning and washing of car and motor bikes.

4. Similar stand has been taken by the learned counsel appearing on behalf of the third respondent and fourth respondent, viz. M/s. Hindustan Petroleum Corporation and M/s. Bharath Petroleum Corporation Ltd. respectively. According to him, no consent is required from the Pollution Control Board for running the petrol bunk and the Pollution Control Board has no jurisdiction to issue such notice.

5. The learned counsel for the Pollution Control Board requested to dismiss the writ petition on the ground that it has been filed by the Association of petroleum dealers and not by the individuals who have been served with the notice. But, there being public interest involved in the matter, we are not inclined to dismiss the writ petition on such ground.

6. It is submitted on behalf of the Pollution Control Board that while dispensing the stored petroleum products to the consumers vehicle, there is every possibility of spillage of petroleum products. This results in ground water pollution, either by way of washing away by rain water or direct percolation into the ground, thereby polluting the precious ground water sources available. Apart from this, if there is any leakage from underground petroleum product storage tanks, it will also lead to pollution of ground water.

7. The above submission cannot be accepted, as the notice does not relates to pollution of ground water nor any such allegation has been made in the impugned notice dated 13. 2002 and such notice has been given only under the Air (Prevention & Control of Pollution) Act, 1981. The non application of mind of the Pollution Control Board will be evident from the notice dated 13. 2002, which is quoted hereunder:

"The Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987 is enforced in Tamilnadu. The Tamilnadu Pollution Control Board enforces the above Act. Entire State of Tamilnadu has been declared as Air Pollution Control Area as required under the Act.

As per the existing Acts and rules all the units whose activities result in emission of air pollutants in the air pollution control area should obtain prior consent of the Board. Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987 (hereinafter referred to as the Act) prohibits any person from operating any plant for the purpose of any industry in an Air Pollution Control Area without the consent of the Board. Contravention of Section 21 is an offence punishable under Section 37 of the Act with imprisonment for a term which shall not be less than one year and six months but which may extent to six years and with fine and in case the failure continues, with an additional fine which may exceed to five thousand rupees from every day during which such failure continues after the conviction for the first such failure.

During inspection of your petrol bunk of M/s. BHAVANI AGENCY 1 FRASER BRIDGE ROAD M U C CORNER CHENNAI 600 003 it was noticed that the spillage of petroleum products and lubricants leads to hydrocarbon emissions which pollutes the air. Hydrocarbon emission has also bee