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2024 Supreme(Online)(NGT) 2941

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Yodh BDR Thapa – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent


Advocates:
For the Applicant(s): Akshar Bhatt, Sajal Sharma
For the Respondent(s): Aasia Hasan, Vikram Wadehra, Sameer Abhyankar, Aakash Thakur, Surendra Kumar, Raj Kumar, Ashok Prasad, Apurba Ghosh

Table of Content
1. alleged violation of petrol depot siting criteria. (Para 2 , 3 , 4 , 6)
2. prior order directed sop preparation and restrained construction. (Para 5)
3. compliance reports confirm no construction and initial sops. (Para 7 , 8 , 9 , 13 , 14)
4. cpcb sop amended to require 250-300m buffer zones. (Para 10 , 11 , 12 , 15 , 16)
5. sikkim revised sop adopts 250-300m buffer requirements. (Para 17 , 18 , 19)
6. enforce revised sop with mandatory buffer zones. (Para 20 , 21 , 22)

ORDER

1. Heard the learned Counsel for the parties.

2. The Original Application No.154/2022/EZ (Yodh BDR Thapa Vs.Bharat Petroleum Corporation Limited & Ors.) was filed by the Applicant therein alleging that the Respondent No.1, Bharat Petroleum Corporation Limited (BPCL), is setting-up a Petrol Depot on Plot No. 2242 which is adjacent to the plot of the Applicant being Plot No. 2254 and Plot No. 2242 is under the proprietorship of one Mr. Arjun Chhetri, proprietor of M/s Pankaj Fuel, which is stated to have been leased out to the Respondent No.1.

3. The allegation of the Applicant is that the said Petrol Depot is being set-up in violation of the Siting Criteria laid down by the Central Pollution Control

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