The Tribunal upheld the precautionary principle, revoking the NOC for a petroleum outlet due to its violation of CPCB siting criteria, posing environmental risks.

Headnote:(A) Environmental Protection Act, 1986 - Central Pollution Control Board Guidelines - Violation of siting criteria for petroleum retail outlets - The applicant, a farmer, alleged environmental violations due to the construction of a petroleum outlet near a water body, threatening local resources and livelihoods. The Tribunal found that the outlet was within prohibited distances from both a water body and residential areas, violating CPCB guidelines. The 4th Respondent admitted to the proximity violations and subsequently withdrew the proposal for the outlet. (Paras 19, 21, 25)

(B) Precautionary Principle - The Tribunal emphasized the need for precautionary measures in environmental matters, particularly when public health and local resources are at risk. (Paras 24, 27)

Facts of the case:
The applicant alleged that a petroleum retail outlet was unlawfully constructed near the Kalikiri Irrigation Project, posing environmental risks. Despite complaints, no action was taken, prompting the applicant to seek revocation of the NOC granted for the outlet.

Findings of Court:
The Tribunal found that the outlet violated CPCB siting criteria and posed environmental risks, leading to the conclusion that the NOC should be revoked. The 4th Respondent's withdrawal of the proposal rendered the NOC redundant.

Issues: The main issues included the legality of the NOC granted for the petroleum outlet and its compliance with environmental regulations.

Ratio Decidendi: The Tribunal ruled that the proximity of the outlet to sensitive environmental resources constituted a clear violation of CPCB guidelines, justifying the revocation of the NOC under the precautionary principle.

Result: The Original Application is disposed of, and the NOC is revoked.

JUDGEMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The applicant, who is a small farmer and social worker and also a resident of Kalikiri Village, Andhra Pradesh, filed this present Original Applicant, alleging environmental violations linked to the Kalikiri Irrigation Project.

2. It is alleged in the application that the 6^th Respondent (wrongly mentioned as 5^th Respondent) unlawfully obtained a No Objection Certificate (NOC) to construct a petroleum retail outlet on land parcels comprised in Survey Nos.342 and 342/1, measuring 0.51 Acres and 0.34 Acres, respectively, and Katta No. 1192. The site is located within 50 meters of water bodies connected to the Kalikiri Irrigation Project, which is in violation of Central Pollution Control Board (CPCB) Guidelines. The disputed site is located near the Kalikiri Irrigation Project’s reservoir, a critical resource for irrigation, drinking water, and fisheries supporting over 5,000 families.

3. The construction of a petroleum retail outlet poses risks of petroleum spillage, threatening the water source and jeopardizing local agriculture, drinking water supply, and cattle- rearing activities.

4. Despite repeated complaints to the authorities concerned, no action has been taken. Hence, the applicant has no other option but to approach this Tribunal, seeking intervention to revoke the NOC granted to the 6^th Respondent.

5. The applicant has originally impleaded the 5^th Respondent/K. Shajahan, who is the owner of the property in dispute. However, during the pendency of the matter, one Mr. Kamuluri Babsaheb, who is a dealer of the 4^th Respondent (M/s. HPCL) and the Andhra Pradesh Pollution Control Board (APPCB were Suo Motu impleaded by this Tribunal as additional Respondents No.6 and 7 respectively, vide Order dated 02.09.2024.

6. Upon notice, the respondents have entered appearance through their counsels and filed their respective pleadings.

7. The 3^rd Respondent, who is the District Revenue Officer, Annamayya District, filed a report dated 08.07.2024, stating that upon enquiry, it was established that the land in Survey No.342/1 is privately owned by K. Shajahan, with a clear title and approved conversion from agricultural to non- agricultural use by the Revenue Divisional Officer, Madanapalle. The site is free from disputes or encroachments and is enclosed by a compound wall. It is adjacent to "Oota Cheruvu" (a water body), with dispensing units located within 10 meters of the water body. No objections were raised by local residents during the inquiry. The report confirmed that petrol bunk operations involve underground storage tanks, mitigating risks of spillage or pollution. The applicant’s concerns were found to be unsubstantiated due to a lack of evidence. The administrative approvals were thoroughly reviewed, and the No Objection Certificate (NOC) was deemed valid with no procedural deficiencies.

8. The 3^rd Respondent also produced a copy of the report dated 05.11.2022 of the Tahsildar – Kalikiri, wherein it is stated that the proposed site in Sy. No.342/1 (0.34 cents) in Kalikiri Village is suitable for granting an NOC for a petroleum retail outlet. The report states that the land, owned by K. Shajahan (S/o K. Khadar Saheb) under Khata No. 1192, is free from disputes and encroachments, has been converted to non-agricultural use with approval from the Revenue Divisional Officer, Madanapalle, and meets all regulatory requirements for storing 16,000 litres of Motor Spirit (MS) and 35,000 litres of High-Speed Diesel (HSD). Originally, it was classified as ‘Government-Dry’ land in Survey No. 342 (0.51 cents), and it was later subdivided into Sy. Nos.342/1 (0.34 cents) and 342/2 (0.17 cents). The site has clearly marked boundaries (East: Dhasthagiri’s land, West/North: Government land, South: Road) and is easily accessible to the public, being adjacent to Piler-Madanapalle Road. No objections were raised by the community regarding the establishment of the outlet, indica

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