CPCB guidelines for petrol pumps are enforceable and applicable to existing units for public safety and environmental protection.

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 this Tribunal earlier vide order dated 27.11.2020 in O.A. No. 163/2020, filed by the Applicant against which Civil Appeal Nos. 172-173-2021, Roshan Joshi v. State of Uttarakhand & Ors. were filed before the Honble Supreme Court which were disposed of vide order dated 28.01.2022 as follows:-

xxxx..Coming to relief No. C we cannot brush aside the argument of the learned counsel for the appellant that the NGT is the body which is vested with the power to deal with the issues relating to the pollution and environment. There is no dispute that the guidelines have been framed based on the order passed by the NGT on 08.01.2019. These guidelines have received clarity and articulation at the hands of the CPCB when it framed the guidelines on 07.01.2020. However, we cannot also be oblivious to the fact that even if it may be after the filing of the OA decisions have been taken and licenses granted.

If that be so, the proper course to adopt would be to permit the appellant to file a fresh OA before the NGT where he can agitate the issue relating the alleged violation of the guidelines and also seek appropriate remedy where decisions have been taken in regard to petroleum outlets in alleged violation of the guidelines. When we say this, we are not unmindful of the contentions of the learned senior counsel, Mr. V. Giri that any consideration of this matter would have to cross the hurdle of limitation. In view of the above facts, we dispose of the appeals as follows:-

We leave it open to the appellant to file an OA before the NGT where he can seek redress for his complaint which is covered by prayer C. Needless to say, it is for him to frame appropriate relief where decisions have been taken. We, however, make it very clear that should such an OA be filed, the necessary parties be made parties. Then it will be open to the respondents to raise all contentions available to them, including the plea of limitation. We further, make it clear that it will be open to the appellant to also point to fact of the filing of the OA in question and the pendency of the matter before this Court in regard to the contention based on limitation.

2. In pursuance thereof present O.A. was filed on 13.02.2022. Vide order dated 22.02.2022, the Tribunal constituted a joint Committee of State PCB and District Magistrate, Dehradun to undertake site visit at Kh. No. 1560 Mauza Raipur, Pargana Parvadun, Dehradun and Kh. No. 587/1, Ranjhawaala, Raipur, Dehradun and look into the grievance of the applicant.

3. In pursuance of the above, the District Magistrate, Dehradun filed its report on 05.04.2022 to the effect that petrol pump proposed in Khasra No. 587/1 Mauja Raypur Ranjhawala is non-compliant with the CPCB Guidelines. Report has also been filed by the State PCB on 19.04.2022 giving factual po