R CHANDRACOUMAR vs - 2022 Supreme(Online)(NGT) 410

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(NGT) 410

Item No. 5 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPALBENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original ApplicationNo.334/2022 R Chandracoumar (cid:133)Applicant Versus State of Tamil Nadu & Ors. (cid:133)Respondents Date of hearing: 30.11.2022 CORAM: HON(cid:146)BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON(cid:146)BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Application is registered based on a complaint received by post.

ORDER

1. Mr. R Chandracoumar resident of 4/345, Annai Indira Street, Vazhuthareddy, Villupuram, Tamil Nadu has sent the present letter petition praying for firstly stopping the construction activities of BPCL Retail Outlet at Survey no.73/2A, Aiyankoilpattu village, Vikravandi Taluk, Villupuram Distt. Tamil Nadu and cancellation of NOC granted for the same.

2. The applicant has submitted that the Retail outlet is located very near to/ in close proximity of PWD lake Aiyankoilpattu lake-Survey No. 69, Kathirvel Murugan Temple, Visweswara Vidya Vikas Nursery and Primary School and Annamalai Hotel bus stop and is violative of NGT and Indian Road Congress (IRC) of Surface Transport Guidelines/norms on public safety, water bodies, religious public places and the provisions of the Petroleum Act, 1934 and the Petroleum Rules 2002.

3. Vide order dated 11.05.2022, this Tribunal constituted a Joint Committee comprising of State Ground Water Authority, State PCB and Collector, Villupuram and directed the same to submit factual and action taken report within two months.

4. In compliance thereof, TNPCB has submitted report vide email dated 12.09.2022. Relevant part of the report is reproduced as under:-

(cid:147)Inspection Report of the Joint Committee formed to inspect the BPCL Retail Outlet site at Aiyankovilpattu, Vikravandi, Villupuram in the matter of Hon’ble NGT (PB), New Delhi 0.A.No. 334 of 2022 filed by R.

Chandracoumar Vs. State of Tamilnadu Reference (cid:150) Hon(cid:146)ble NGT (PB) Order dated 11.05.2022 in

0.A.No. 334 of 2022 Date of Inspection:11.08.2022

S.N o.	Title Inspection Details
1	Name and Address of the unit BPCL Retail Outlet, with co- ordinates Aiyankovilpattu Village, VikravandiTaluk, Villupuram District
2	Details of the Occupier of the Mr. S. Arunachalam, Manager unit present during inspection
3	Date of Commissioning 06.04.2022
4	Objections Raised by the Petitioner
	1. Location of the outlet The outlet is located at 58m within 50m distance from distance from the Aiyankoilpattu PWD Lake. Aiyankoilpattu PWD Lake.
	2. Retail outlet site is a The site is coming under wet wetland-possibility of Agriculture land. There is no Contamination of ground chance for ground water water pollution due to the fuel retail outlet since there is occurrence of clay soil to a considerable depth within the sub surface which will act as barrier both for seepage and transmission of ground water from one place to another place. Copy of letter from Executive Engineer, WRO ground water division is enclosed.
Compliance of guidelines of CPCB issued on 07.01.2020 and addendum on 16 09.2021 for setting up of new Petrol pumps:

1	Point No: (H) in Guidelines for setting up of new Petrol Pumps: 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 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.
2	Point No: (B) in Addendum to Guidelines for setting up of new Petrol Pumps. Retail Outlets coming within 50 meter to 100 meter from the nearest point of surface water body shall have secondary containment by way of double walled tanks or concrete protection walls around Underground Storage Tank (

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