JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member

1. The above application was filed by the applicant alleging that Respondents No.4 & 5 had floated tender for establishing the Petroleum Retail Outlet in Re Survey No.657/7 and 657/8A of Kollencode Village, Vilavancode Taluk, Kanyakumari District which was owned by the 7th Respondent who is the successful bidder for establishing the Petroleum Retail Outlet.

2. According to the applicant, the place for Petroleum Retail Outlet was selected against the siting criteria provided by the CPCB by their Circular dated 16.01.2020. It is situated within 8 Meters from the residential house of the applicant. They have not obtained necessary permission for construction of the Petroleum Retail Outlet from the local body and other authorities. There is every possibility of emission of toxic materials from the fuel station at the time of loading and unloading and refuelling process which will have impact on the environment and affect the health of the people. The International Agency for Research on Cancer and the United States Environmental Protection Agency observed that the Petroleum Retail Outlet and immediate surrounding is affected by emission stemming from the evaporated fuels which are unburnt fuel, during fuel loading and unloading operation, refuelling and liquid spillages. The maximum distance of influence is nearly 100 meters, even though the average distance of contamination is around 50 meters. Airborne organic components of petroleum such as Benzene, increase a risk of cancer. Due to liquid spillage, mainly health of the children is affected. Apart from headache, nausea, eye irritation and dizziness, it will impact the residents due to contamination of liquid unburnt petroleum within 50 meters radius. Within 50 meters radius of the proposed Petroleum Retail Outlet, many residential houses and matriculation schools are situated.

3. The applicant submitted a representation dated 04.03.2020 by registered post to the respondents enlightening the above facts. Only the 6th Respondent gave reply dated 12.06.2020 confirming the safety measure distance is 50 meters. The other respondents neither initiated any action nor sent any reply instead the 7th Respondent was in hasty to get permission for running the Petroleum Retail Outlet with the aid of Respondents No.1 to 3 and in this connection, Respondents No.5 & 6 are shouldering to get permission and install the retail outlet in violation of the said guideline. Respondents No.1 to 6 are bound to safeguard the health of the citizen including the applicant and his family.

4. It is further alleged in the application that the applicant herein filed a writ petition before the Hon‟ble High Court of Madras at Madurai Bench as W.P. (MD) No.8606 of 2020 to issue a writ of mandamus directing the Respondents No.1 to 6 restraining the establishment of Petroleum Retail Outlet within 50 meters in Re Survey No.657/7 and 657/8A of Kollencode Village, Vilavancode Taluk, Kanyakumari District adjacent to the applicant‟s residential house, on the basis of the guidelines given by the CPCB dated 16.01.2020. On 04.08.2020, the Hon‟ble High Court of Madras at Madurai Bench dismissed the said writ petition with observation that the writ petitioner/applicant herein has option of moving the National Green Tribunal, since the applicant alleged the involvement of pollution being caused on account of establishing the Petroleum Retail Outlet within the safety distance provided.

5. That prompted the applicant to file this application seeking following interim as well as main relief:-

“Interim Relief:

(i) An interim injunction restraining the respondents 1 to 6 from permitting the 7th Respondent to establish the petroleum retail outlet in Re survey No. 675/7 and 675/8A of Kollencode village, Vilavancode Taluk of Kanyakumari District (ii) And pass such further order or orders as this Hon‟ble Tribunal may deem fit and proper in these circumstances of the case.

Main Reli