Back
2024 Supreme(Online)(NGT) 408
Item No.3:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Dated this the 21st day of May, 2024.
(Through Video Conference)
Original Application No. 178 of 2023 (SZ)
IN THE MATTER OF Cuddalore District Growth of Consumer Protection Society, Rep by its General Secretary, K. S. Sethu, No.66, 4th Street, Thiruppanampakkam, Kalaiyur Post, Cuddalore Taluk & District- 607 109.
...Applicant(s)
Versus
1. The District Collector, Gundusalai Road, Alpet, Manjakuppam, Cuddalore- 607 001.
2. The Revenue Divisional Officer, Cuddalore Division, Cuddalore- 607 001.
3. The Tamil Nadu Pollution Control Board, Rep by its Joint Commissioner, No. 25, Developed Plots, Thuvakudy, Trichy- 620 015.
4. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Plot No. A-3, SIPCOT Industrial Complex, Kudikadu, Cuddalore- 607 005.
5. The District Collector, Fire and Rescue Services, Cuddalore.
6. The Tahsildar, Cuddalore Taluk, Beach Road, Cuddalore- 607 001.
7. Indian Oil Corporation Limited, Rep. by its Divisional Officer, Trichy Divisional Office, “TRIVENI” 3rd Floor, B-35, Shastri Road, Thillai Nagar, Trichy- 620 018.
8. Azhagananthan, S/o Krishnamoorthy, NO.1, Azhagappa Nagar, Manjakuppam, Cuddalore- 607 001. ...Respondent(s)
For Applicant(s): Mr. P. Suresh Babu, Mr. K. Mohammed Hussen, Mr. B. Ulaganathan and Mr. K. Murugan.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2, R5 & R6.
Mr. S. Sai Sathya Jith for R3 & R4.
M/s AAV Partners, Mr. M. Vijayamehanath, Mr.
S. Saravanan & Mr. R. Suresh for R7.
Mr. M. Muthappan and Mr. Ajith for R8.
Judgement Reserved on: 05th March, 2024.
CORAM HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For the Petitioner: SURESH BABU P
For the Respondent:
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The application is filed for directing the respondents not to open petrol pump outlet near a school, which is being established, in violations of the Central Pollution Control Board (CPCB) guidelines, which cause pollution and environmental degradation posing risk to nearly 4,500 students studying in the school, Mount Litera Zee School, Karaiyeravitta kuppam, Cuddalore District. It is alleged that the said petrol pump outlet is located about 11 meters away from the school in gross violation of the rules in force.
2. It is contended that as per CPCB guidelines dated
07.01.2020, new petrol pumps/new retail outlet shall not be located within the radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential area 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 school, hospitals and residential area designated as per local laws shall be less than 30 meters.
3. The applicant has also stated that representations were made to various respondents and even the Parents and Teacher Association of Mount Litera Zee School had given representation to the 1st respondent to forbear the 8th respondent from setting up of petrol pump outlet before the school. However, the representations of the applicant and the Parents and Teachers Association were not considered and instead revenue authorities have issued necessary clearances for setting up the petrol pump outlet. Therefore, it is prayed that permanent injunction may be granted restraining the respondents from setting up of petrol pump outlet in Sy. No. 2241/4, ward no. 3, block no. 58 in Karaiyeravittakuppam, Cuddalore Taluk and Cuddalore District.
4. The District Collector, who is the 1st respondent, has submitted that Indian Oil Corporation Limited, who is the 7th respondent, submitted an application on 02.11.2022 requesting to grant permission for setting up storage of petroleum products in their premises at Sy. No. 2241/4, Ward No. 3, Block No. 58, Thiruppapuliyur, Cuddalore Taluk, Cuddalore District. The said land is classified as “wet land” with an extent of 0.0850 sq.m. On verification of the application, No Objection Certificates (NOCs) were received from the District Fire Officer, Cuddalore Ref No. 15098/b2/2022 dated 13.12.2022 and the Executive Engineer, PWD (Water Resource Department), Vellar Basin Division PWD, Virudhachalam Ref No. Vp/iva3/g.41(c) dated 13.12.2022. The Superintendent of Police, Cuddalore has also issued NOC Ref no. G1/3536602/2022 dated 27.02.2023. The Joint Director (Agriculture), Semmandalam, Cuddalore issued NOC Ref No. E2/5620/2023 dated 09.05.2023. The Divisional Engineer (Highways), Construction & maintenance, Cuddalore has also issued NOC Ref No. 2958/2022 dated 22.02.2023. Tahsildar, Cuddalore in his letter no. B2/9015/2022 dated 25.12.2022 recommended for setting up of the above storage facility. The District Environmental Engineer, Tamil Nadu Pollution Control Board and the Superintendent Engineer, Cuddalore Circle, Capper hills, TANGEDCO have also issued their recommendations on 04.08.2023 and 11.08.2023.
5. It was contended by the District Collector that the following particulars were considered:
a. Possession of the site by the applicant is lawful and authorisation from land owner (or) lease holder for developing premises under these rules for storage of petroleum products.
b. Interest of public, specially the facilities like schools, hospitals or proximity to places of public assembly and the mitigating measures, if any is provided. c. Traffic density and impact on traffic.
d. Conformity of proposal to the local (or) area development planning.
e. Accessibility of the site to fire tenders in case of emergency and prepared
