ORDER

1. The brief facts giving rise to the present application are that the non-Applicant no.5 Sh. Aziz Khan purchased a land bearing survey number 416/1min-1/2 admeasuring 0.104 hectares from one Sh. Ramprasad Kushwaha in the year 07.08.2018. The aforementioned land is the land in question which is located at a distance of hardly 30-35 meters from a nearby water body i.e., Jail Talab. After the purchase of the land in question, non-Applicant no.6 who is the son of non-Applicant no.5 entered into an agreement with non-Applicant no.4 for setting up of a reliance jio-bp mobility petrol pump at the abovementioned land. Thereafter, they have applied to the Petroleum & Explosives Safety Organization (PESO) for approval of the site layouts for construction of the petrol pump and on 09.11.2021, duly received the permission to construct the petrol pump at the area in question as per the layout submitted. It is pertinent to point here that the permission granted by the PESO explicitly mentions that other necessary permissions from concerned authorities shall also be required by the project proponent in order to legally construct the petrol pump as per the Petroleum Rules, 2002. Thereafter the applications for No Objection Certificates were made by the non-Applicant no.4 to various departments and subsequently after all the procedural aspects were taken care of, NOC was granted by the non-Applicant no.1 District Collector on 08.02.2022. Similarly, the NOC by MPPWD and T & CP was accorded on 23.12.2021 and 07.12.2021 respectively.

2. The contention of the applicant is that the operation of the petrol pump may harm the water quality of the Jail Talab which is situated in the Kasberenj village of Tehsil Mungaoli of district Ashok Nagar and may cause environmental degradation.

3. The matter was taken up by this Tribunal and notices were issued to the respondents. A joint committee was constituted consisting District Collector, Ashok Nagar, one representative from CPCB, one representative from MPPCB, and one representative from RBML with the direction to submit the factual and action taken report.

4. Respondent’s no. 1, 3 and 4 has also filed the reply. We have heard the learned counsel for the parties and perused the record.

5. Submission of the Respondent no.1 are that on the direction of the Tribunal, a Joint Committee visited the site, examined the matter in light of the existing guidelines and submitted the report with the facts that the distance between Jail Talab and the proposed petrol pump is above 50 meter as per the citing guidelines of CPCB and further there is no TNCP or Municipal Corporation approved residential area school, hospital existed therefore, the apprehension of the applicant pertaining to the harm likely to be caused on the Jail Talab is actually based on presumptions and surmises.

6. Learned counsel for the CPCB has submitted that CPCB vide reference letter no. B-13011/1/2019-20/AQM/10802-10847 dated 07.01.2020 has issued guidelines for setting up of New Petrol Pumps, which are as follows:

GUIDELINES FOR SETTING UP OF NEW PETROL PUMPS A. Containment and treatment of spillages from fuel filling operations at petrol pumps:

1. Petrol pumps located in areas with high groundwater table i.e.

groundwater levels less than 04 meters shall have secondary containment by way of double walled tanks or concrete protection walls so as to minimize groundwater and soil contamination. It shall be the responsibility of OMC to properly get measured groundwater level at the site of proposed petrol pump and ensure implementation of these adequate protection measures for such sites. Details of measures taken by Oil Marketing Company shall be placed in public domain and in case of contradictory view, view of State/ Central Ground Water Board/ Authority wile prevail.

2. All new retail outlets shall have underground tanks/ above ground tank and its ancillary components such as pipes, flexible connectors, pumps, fittings etc. protected from leaks due