JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The above appeal has been filed by the Kerala State Pollution Control Board against the order passed by the 1st respondent/Appellate Authority in Appeal No.07 of 2021 dated 21.05.2021, setting aside the so called order passed by the appellant shown as annexure R5 in the impugned order which was produced by the appellant as Annexure-H, Letter dated 28.09.2020 under Section 16 of the National Green Tribunal Act, 2010.

2. It is alleged in the appeal memorandum that the Central Pollution Control Board (CPCB) had issued guidelines for management of consent and authorization to be followed by all State Pollution Control Boards in the Country and Pollution Control Committees in the Union Territory. As per Clause 10 (1) of the guidelines, categorization of industries for the management of consent has to be made into Red, Orange and Green as per details given in Schedule V of the said Guidelines. According to the schedule (Item No.26) “petroleum products/crude oil storage and transfer excluding cross country pipeline” come under the Orange category and the consent purview of the Board evidenced by Annexure – A, Guideline.

3. Based on that the Kerala State Pollution Control Board (KSPCB) by their Notification dated 21-10-2002, evidenced by Annexure-B, they have reclassified the units into Red, Orange and Green based on its pollution potential and as per Sl.No.25 of the said notification, the petroleum products/crude oil storage and transfer excluding cross country pipeline was categorized as “Orange category”. The Central Pollution Control Board (CPCB), with the objective of maintaining uniformity in categorisation of industries under Red/ Orange/ Green category, issued a direction vide No. B-29012/ESS (CPA)/2015-2016 dated 07.03.2016 to the Chairman of all the State Pollution Control Boards/ Pollution Control Committees under Section 16(2)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 16 (2)(c) of the Air (Prevention and Control of Pollution) Act, 1981 evidenced by Annexure – C, Direction. As per annexure – C, direction of the Central Pollution Control Board (CPCB), revised category list of industries was implemented in Kerala State vide Circular No. PCB/T4/115/97 dated 31-8-2016, evidenced by Annexure – D. Subsequently, the appellant Board issued Circular dated 17-3-2017 to include various categories of units under Red, Orange, Green and White, in tune with direction of the Central Pollution Control Board (CPCB) evidenced by Annexure – E, Circular by which the petroleum outlet was categorised under Green category, which also requires consent before its establishment.

4. The Principal Bench of National Green Tribunal by Order dated 22.07.2019 in O.A. No. 86 of 2019, directed the Central Pollution Control Board (CPCB) to prescribe a safe distance from the residential areas to be maintained by new Petroleum Outlets to reduce pollution. Accordingly, the Central Pollution Control Board (CPCB) had issued a guidelines dated

07-01-2020, prescribing the siting criteria for retail outlets as follows:-

“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."

5. In tune with the above guidelines, the appellant Board has issued Circular dated 24.02.2020, prescribing siting criteria to be followed by new retail outlets of Petrol Pumps. As per the Circular, new retail Outlet