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2024 Supreme(UK) 206
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, J.
Madhu Kamboj – Petitioner
Versus
District Magistrate, Dehradun and Others – Respondents
Writ Petition (M/S) No. 1275 of 2024
Decided On : 19-07-2024
Advocate Appeared:
For the Petitioners: M.C. Kandpal, Anil Kumar Joshi, Neeti Rana, Gaurav Kandpal.
For the Respondents: Anil Dabral, Suyash Pant, V.K. Kohli, Kanti Ram Sharma, I.P. Kohli, Rahul Consul.
IMPORTANT POINT
Compliance with CPCB siting criteria is mandatory for retail outlets, particularly regarding safety distances from schools and hospitals.
Headnote:
Guidelines - Retail Outlet - CPCB Guidelines - The court interpreted the CPCB guidelines on siting criteria for retail outlets, emphasizing compliance with safety distances from schools and hospitals, which influenced the decision to uphold the cancellation of the no objection certificate.
Fact of the Case:
The petitioner, appointed as a dealer by Indian Oil Corporation, established a petrol pump but faced cancellation of the no objection certificate due to non-compliance with CPCB guidelines regarding proximity to a school.
Finding of the Court:
The court found that the petitioner did not meet the CPCB siting criteria, as the petrol pump was less than the required distance from a nearby school, thus justifying the cancellation of the no objection certificate.
Issues: Whether the cancellation of the no objection certificate was justified based on CPCB guidelines regarding the siting of retail outlets in proximity to schools.
Ratio Decidendi: The court held that the CPCB guidelines were applicable to the petitioner, as construction commenced after the guidelines were issued, and the distance from the school did not meet the required safety norms.
Result: The writ petition was dismissed, upholding the cancellation of the no objection certificate.
JUDGMENT
MANOJ KUMAR TIWARI, J.
1. Indian Oil Corporation Limited appointed petitioner as its dealer for running a retail outlet (petrol pump). Petitioner established petrol pump at Mothrowala (Dehradun) in 2021. Mussoorie Dehradun Development Authority sanctioned the map on 20.06.2022. Petitioner is challenging order dated 07.05.2024 passed by District Magistrate, Dehradun. By the said order, ‘no objection’ issued for setting up petrol pump has been cancelled on the ground that it was granted in ignorance of the guidelines for new petrol pumps issued by Central Pollution Control Board (for short ‘CPCB’). The reliefs claimed in the writ petition are as follows:
“(i) Issue a writ of certiorari quashing the impugned order dated 7.5.2004 passed by respondent no 1 (contained as Annexure No. 1 to this writ petition.
(ii) Issue a writ, order of direction in the nature of mandamus commanding and directing the respondents not disturb the function of retail outlet of the petitioner running in the name and style M/s Ravindra Fuel situated at Khasra no. 1081(Ka) Village Mothrowala district and Tehsil Dehradun.”
2. It is not in dispute that no ‘objection’ was granted by the District Magistrate, vide order dated 20.03.2021. CPCB issued guidelines on 07.01.2020. Clause-H of the said guidelines provides ‘SITING CRITERIA OF RETAIL OUTLETS’ which reads as under:
“H. Siting Criteria of Retail Outlets:
In case of siting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per local laws, in case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO in no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters No high tension line shall pass over the retail outlet.
These guidelines are supplementary to all existing relevant Rules, Guidelines, Orders etc.”
3. It is not in dispute that there is a school, namely Sierra International School, near petitioner’s petrol pump. The no objection issued earlier has been cancelled on the ground that the distance of dispensing unit of petitioner’s petrol pump is less than 30 meters from wall of the school building. The impugned order refers to the joint inspection made by Regional Officer, Uttarakhand Pollution Control Board and Additional District Magistrate, Dehradun. According to the joint inspection report, distance between the dispensing unit of petitioner and the school building is less than 10 meters, which do not meet the norms fixed by CPCB.
4. Learned senior counsel for petitioner contended that the guidelines issued by CPCB are not applicable. He submits that the advertisement inviting applications for appointing retail outlet dealer was issued on 25.11.2018; petitioner was informed about her selection on 07.12.2019 and letter of intent was issued to her on 07.12.2019, therefore, no objection issued to the petitioner cannot be cancelled on the ground that the norms laid down in the guidelines, issued subsequently on 07.01.2020, are not met. He refers to the communication dated 31.12.2020, issued by the Office of District Magistrate, in response to petitioner’s application for no objection certificate, which is on record as Annexure-4 to the writ petition for, contending that no objection was issued after calling report from six different departments.
5. Learned senior counsel for petitioner submits that since none of the departments, who were asked to submit report, had objection, therefore, District Magistrate granted no objection to petitioner for setting up retail outlet at Khasra No. 1081 Ka, Village Mothrowala, Tehsil and District Dehradun.
6. Learned senior counsel for petitioner also relied on Office Memorandum dated 29.01.202
