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2022 Supreme(Online)(NGT) 557

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice Sudhir Agarwal, J, Prof. A. Senthil Vel, ACJ
Roshan Joshi – Appellant
Versus
State of Uttarakhand & Ors. – Respondent


Advocates:
For the Appellants/Petitioners: Md. Nizamuddin Pasha, Mr. Aditya Samaddar
For the Respondents: Mr. Mukesh Verma, Mr. Vinay Garg, Mr. Abhishek Gupta, Mr. Ikshita Singh, Mr. Namit Saxena

Table of Content
1. violation of cpcb guidelines concerning petrol pumps. (Para 1 , 2)
2. district magistrate's report on compliance and non-compliance. (Para 3 , 4)
3. court directions and implications of existing permissions. (Para 5 , 6)
4. limitations and applicability of cpcb guidelines. (Para 8 , 9)
5. public interest over individual rights concerning environmental laws. (Para 10 , 11 , 14 , 15)
6. existing units must comply with environmental norms. (Para 12 , 13)

ORDER

1. Grievance of the applicant is in respect of violation of CPCB guidelines issued vide its Office Memorandum dated 07.01.2020, Guidelines for setting up of new petrol pumps, which provide for a minimum distance of 50 meters from residential areas to be maintained by any new petrol pump/ filling station sought to be established. The Applicant mentioned three instances of petrol stations that have been sanctioned contrary to the CPCB guidelines at:

1. Khasra No. 1560, Mauja Raipur, Pargana Parvadun, Dehradun, Uttarakhand.

2. Khasra No. 587/1, Ranjhawala, Raipur, Dehradun, Uttarakhand

3. Khasra No. 607 and 609, Fountain Chowk and Dobhal Chowk, Dharampur-Nehrugram Road, Dehradun, Uttarakhand.

2. The matter was dealt with by

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