Statutory permissions for petroleum outlets can be validly granted even if proximity distance guidelines are perceived as flexibly applicable.

JUDGMENT

Dated this the 24th day of March 2021 SHAJI P.CHALY,J Captioned writ petition is a Public Interest Litigation filed by a resident within the limits of Muhamma Grama Panchayat, Alappuzha District, seeking a writ of mandamus directing respondent Nos. 1 to 5 i.e., Union of India, the District Collector, Alappuzha, the Muhamma Grama Panchayat , the Indian Oil Corporation Ltd. and the Kerala State Pollution Control Board, to revoke the permission granted for the allotment and construction of a retail petroleum outlet on the Thanneermukkom roadside of Muhamma Grama Panchayat, in a property belonging to the 6th respondent viz.,one Aju Jacob Mathew.

2. The paramount contention advanced by the petitioner is that the retail outlet is situated close to CMS Lower Primary School, in which 650 students are studying and if the petroleum retail outlet is permitted to be put up in the property of the 6th respondent, the children of the school would be affected materially. It is also pointed out, if any leakage is occurring, that will cause danger to the students as well as there would be air pollution consequent to the same and otherwise. In order to substantiate the said contention, petitioner is relying upon Exhibit P1 circular of the Kerala State Pollution Control Board dated 24.2.2020, by which following distance criteria is prescribed;

“The following siting criteria for new retail outlets of petrol pumps shall be followed:

1. For petrol pumps, new retail outlets shall not be located within a radial distance of 50 metres (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.

2. In case of constraints in providing 50 metres distance, the retail outlet shall implement additional safety measures as prescribed by Petroleum and Explosives Safety Organization (PESO).

3. In no case the distance between new retail outlets from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 metres.

4. 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 in that background contended that the proposed outlet is situated within the 50 metres radial distance from the school specified above. On the other hand, the Indian Oil & Petroleum Corporation, the 4th respondent, has filed a detailed statement along with all requisite documents, basically contending that the writ petition is filed very belatedly and in fact a ‘No objection certificate’ was issued by the Additional District Magistrate, Alappuzha, evident from Annexure – R4(a) on 27.7.2020 to establish the outlet. It was also submitted that, after taking into account all pros and cons, the Kerala State Pollution Control Board has issued Annexure R4(b) 'consent to establish' dated 24.8.2020 with appropriate conditions. That apart it is submitted that the Kerala State Pollution Control Board has issued Annexure R4(c) circular dated 18.8.2020, whereby the circular dated 24.2.2020 was modified partially varying siting criteria for new retail outlets from the nearest residential building instead of residential areas. It was also made clear that, if any requisite licence other than the PCB consent is obtained by any applicant for establishing the petrol pump prior to the date of the circular dated 24.2.2020, the siting criteria mentioned in circular dated 9.8.2004 shall be applicable, which prescribes the distance criteria categorising the industries, Red, Green, and Orange among Small, Medium, and Large scale industries. So also it was pointed out in the circular dated 24.2.2020 that it was issued as a supplementary one to all existing relevant rules, guidelines, orders etc.

4. Above all, it is pointed out that the Muhamma Grama Panchayat has issued Annexure R4 (e) site approval and building permit dated 1.12.2020, thus enabling the 6th respondent t