Court emphasized compliance with environmental guidelines for safety despite previously granted permissions.

ORDER

1. Grievance in this application is against approval to the proposed petrol pump at Khasra No. 41/1 min Village Jagjeetpur Mustehkam, District Haridwar, in violation of CPCB Guidelines dated 07.01.2020 inter-alia as follows:-

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 constrains 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 shall pass over the retail outlet.

2. It is submitted that the proposed site is close to a Play School named Ping Pong and a Gas Agency and is thus a high-risk location. There are also high-tension wires just above the site. In respect of the said site, vide earlier order dated 25.10.2020, the National Highway Division, PWD declined to grant NOC but later, on 28.11.2019, NOC has been granted by the same Authority and on that basis, the District Magistrate, Haridwar also granted NOC on 21.12.2019. Before such NOCs were granted, this Tribunal had passed an order on 18.01.2019 in O.A. No. 86 of 2019, Gyan Prakash @ Pappu Singh v. UOI & Ors., requiring the CPCB to lay down the siting criteria for petrol pumps and such siting criteria was accordingly laid down by the CPCB on 07.01.2020. In view of the above averments, the Tribunal sought a factual report from a joint Committee comprising State PCB, District Magistrate, Dehradun and SEIAA, Uttarakhand.

3. The Tribunal also referred to another matter involving the same issue being O.A. No 163/2020, Roshan Joshi v. State of Uttarakhand & Ors. but the said matter was disposed of on 27.11.2020, after considering the factual report that the NOC had been cancelled and the matter was pending before the High Court. The operative part of the said order is as follows:-

1xxx..xxx.xxx

2. Vide order dated 17.08.2020, a factual and action taken report was sought from a joint Committee comprising the State PCB, District Magistrate, Dehradun and the SEIAA, Uttarakhand. No notice has so far been issued by this Tribunal to any other party and therefore, there is no occasion for any such party entering appearance, at this stage.

3. A report has been filed on 14.10.2020 by the State PCB to the effect that NOC was cancelled which is subject matter of challenge before the High Court in Writ Petition No. 1488/2020, Shri Sandeep Jain vs. District Magistrate and Ors. and there is an interim stay of cancellation of the NOC.

4. In view of above, the application is disposed of. The matter will be governed by the order which may be passed by the High Court. It will be open to the concerned parties to put forward their grievance in the said proceedings as per law.

4. In the present matter, the report has been filed by the Executive Engineer, National Highway Division, Dehradun as follows:-

That the District Magistrate, Haridwar informed the respondent no. 4 about the withdrawal of no objection certificate regarding establishment of Retail Outlet in view of the Guidelines issued by the Ministry of Road Transport and National Highway, Govt. of India vide its letter bearing no. RW/NH-33023/19/99/DO/III dated 24.07.2013.

5. In an action taken report filed by the State PCB on 13.01.2021, it is stated as follows :-

The Proposed site is situated at khasra no-41/1 mi, Vill- Gagjeetpur, Khankahl, District-Har