The NGT ruled that applications concerning petroleum pump establishments should adhere to CPCB regulations, and jurisdiction limitations prevent NGT from addressing issues outside its specified law.

ORDER

1. Issue raised in this application is grant of permission for setting up of a petrol pump retail outlet at Khasra No. 109/1/2 (S), on SH 10 Bhopal to Berasia road, Intkhedi Sadak Tehsil Huzur, District Bhopal in violation of rule and guidelines set up by CPCB and PESO.

2. The matter was taken up by this Tribunal and a committee was constituted with direction to submit the factual and action taken report.

3. In compliance thereof, the member of the committee visited the site and submitted the report as follows:_-

A. “Field Observations:-

i. Joint committee on dated 07/06/2024 conducted a site visit of Khasra No. 109/1/20 (S) stiuated on SH 10 Bhopal to Berasia road, Village- Intkhedi Road, Tehsil- Huzur, District-Bhopal. Apart from the Joint Committee members following officers namely Ms. Prakamya Tiwari, AE, RO, MPPCB, Bhopal, Shri Kanak Meena, Deputy Controller, PESO, Bhopal and Shri Kailash Sharwa, Patwari, Halka-Intkhedi Sadak, Gram Panchayat-Intkhedi Sadak were also present during the site visit. The Advocate of petitioner Shri Prateek Jain was informed by the nodal department about the visit of committee and he was present during the visit. Also, the representative of petrol pump Shri Aman Ahmed Khan was present. The Geographical locations, photographs and visual observations were recorded during inspection.

ii. During inspection, Joint Committee visited the site of Petrol Pump mentioned in the petition. The details observed during the inspection are mentioned as under:-

a. The site is located on SH 10, Intkhedi Road, Village–Intkhedi Road, Tehsil-Huzur, District- Bhopal. The geographical location of the site is latitude 23022’20.95’’ N and longitude 77023’58.41 E’’.

b. The SH 10 road is situated on the East of the petrol pump. The New Government Higher Secondary School is located at a distance of approximately 120 meters away to the South- West of the petrol pump.

c. On north side of the petrol pump there are some commercial establishments located at a distance of approximately 30 meters away, the north of the petrol pump.

d. On south side of the petrol pump there are some commercial buildings, incomplete building structures named as Maruti Udyog, one cement shop, steel TMT bar Shop as per the sign boards placed on the shops, which are located at a distance of approximately 30 meters away.

e. The primary development work for the establishment of Petrol Pump was found in progress.

f. The residential colonies as mentioned in the petition are located on the west side of the petrol pump.

g. The distance from the dispensing unit to the boundary of the Petrol pump towards residential colonies on west side is approx 38 meters.

h. During visit of the Joint Committee, no residential houses were found constructed in the above residential colonies and no habitation were observed.

i. No high tension line was found passing through the petrol pump site.

B. Information provided by the Revenue Department, Tehsil-Huzur, Bhopal

i. Letter vide dated 19/06/2024 was issued by MPPCB (Nodal Department) to SDM, Tehsil-Huzur to provide the information of permissions / locations of Petrol Pump, School, Hospital and Residential colony within 50 meter distance from the Petrol Pump as per revenue records.

ii. SDM, Tehsil-Huzur, Bhopal vide letter dated 03/07/2024 provided the information. The copy of the letter is enclosed as Annexure III. The main points of the letter are mentioned as under:-