YODH BDR. THAPA vs BHARAT PETROLEUM CORPORATION LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 68

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. JUSTICE B. AMIT STHALEKAR, DR. ARUN KUMAR VERMA, JJ
YODH BDR. THAPA – Appellant
Versus
BHARAT PETROLEUM CORPORATION LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR – Respondent

Advocates:
Mr. Akshar Bhatt, Advocate a/w Mr. Sajal Sharma, Advocate; Ms. Aasia Hasan, Advocate a/w Mr. Vikram Wadehra, Advocate for R-1; Mr. Sameer Abhyankar, Standing Counsel, State of Sikkim a/w Mr. Aakash Thakur, Advocate for R-2 & 4; Mr. Surendra Kumar, Advocate a/w Mr. Raj Kumar, Advocate for R-3; Mr. Ashok Prasad, Advocate for R-5; Mr. Apurba Ghosh, Advocate for R-6

ORDER

1. Heard the learned Counsel for the parties.

2. The Original Application No.154/2022/EZ (Yodh BDR Thapa Vs. Bharat Petroleum Corporation Limited & Ors.) was filed by the Applicant therein alleging that the Respondent No.1, Bharat Petroleum Corporation Limited (BPCL), is setting-up a Petrol Depot on Plot No. 2242 which is adjacent to the plot of the Applicant being Plot No. 2254 and Plot No. 2242 is under the proprietorship of one Mr. Arjun Chhetri, proprietor of M/s Pankaj Fuel, which is stated to have been leased out to the Respondent No.1.

3. The allegation of the Applicant is that the said Petrol Depot is being set-up in violation of the Siting Criteria laid down by the Central Pollution Control Board in its Circular dated 07.01.2020, copy of which has been filed as Annexure A-16 to the Original Application.

4. The case of the Applicant further was that as per the Siting Criteria laid down by the Central Pollution Control Board in its Notification dated 07.01.2020, petrol pumps/new retail outlets shall not be located within a radial distance of 50 meters from the filling point/dispensing units/vent pipe whichever is nearest) from schools, hospitals and residential areas. Para

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2025 Supreme(Online)(NGT) 68

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)MR. JUSTICE B. AMIT STHALEKAR, DR. ARUN KUMAR VERMA, JJYODH BDR. THAPA – AppellantVersusBHARAT PETROLEUM CORPORATION LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR – Respondent

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
MR. JUSTICE B. AMIT STHALEKAR, DR. ARUN KUMAR VERMA, JJ
YODH BDR. THAPA – Appellant
Versus
BHARAT PETROLEUM CORPORATION LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR – Respondent