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2024 Supreme(Online)(NGT) 3885
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, J, Arun Kumar Verma, ACJ
Yodh BDR Thapa – Appellant
Versus
Bharat Petroleum Corporation Ltd. – Respondent
Execution Application No.02/2024/EZ | Original Application No.154/2022/EZ
For the Applicant(s):Mr. Akshar Bhatt, Advocate, Mr. Sajal Sharma, Advocate
For the Respondent(s):Ms. Aasia Hasan, Advocate, Mr. Vikram Wadehra, Advocate for R-1, Mr. Sameer Abhyankar, Standing Counsel, State of Sikkim, Mr. Aakash Thakur, Advocate for R-2 & 4, Mr. Surendra Kumar, Advocate for R-3, Mr. Ashok Prasad, Advocate for R-5, Mr. Apurba Ghosh, Advocate for R-6
The establishment of the petrol depot violates siting criteria under environmental guidelines, necessitating a buffer zone for safety.
Headnote:(A) Environmental (Protection) Act, 1986 - Siting Criteria for Retail Outlets - Issues concerning the establishment of a petrol depot near residential areas - The Tribunal concluded that the existing siting criteria were violated and directed the authorities to enforce updated SOPs - The Tribunal highlighted the importance of hazard and disaster management at fuel storage locations. (Paras 17-22)
(B) Administrative Procedure - Compliance with established SOPs by regulatory bodies - Emphasizing adherence to safety protocols surrounding hazardous installations and the necessity for appropriate distances from human habitation and sensitive areas. (Paras 8-21)
Facts of the case:
The applicant alleged that Bharat Petroleum Corporation was establishing a petrol depot too close to residential and institutional areas, violating CPCB guidelines and risking environmental disasters.
Findings of Court:
The Tribunal found that existing protocols were either not followed or inadequately addressed, necessitating the revision of SOPs for safety. A 250-300 meter buffer from sensitive areas was mandated.
Issues: The court examined the siting criteria for petrol depots in relation to human habitation safety.
Ratio Decidendi: The lack of adherence to safety measures as outlined in the CPCB guidelines and the absence of an SOP for petrol depots was critical.
Result: The application was disposed of with a direction to revise SOPs and enforce compliance with distance regulations.
| Table of Content |
|---|
| 1. siting regulations for petrol depots. (Para 2 , 3 , 4) |
| 2. evidence of compliance and safety assessment. (Para 5 , 7 , 10 , 12) |
| 3. need for buffer zones and risk management. (Para 6 , 8 , 19 , 20) |
| 4. court's directive for regulatory compliance. (Para 17 , 18 , 22) |
| 5. final orders on enforcement. (Para 23 , 24) |
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 Board in its Circular dated 07.01.2020, copy of which has been filed as Annexure A-16 to the Original Application.
4. The case of the Applicant further was that as per the Siting Criteria laid down by the Central Pollution Control Board in its Notification dated 07.01.2020, petrol pumps/new retail outlets shall not be located within a radial distance of 50 meters from the filling point/dispensing units/vent pipe whichever is nearest) from schools, hospitals and residential areas. Paragraph ‘H’ of the Siting Criteria of the said Notification reads as under: -
“H. Siting Criteria for Retail Outlets:
In case of siting criteria for petrol pumps new Retail outlets shall not be located within a radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet.”
5. The Original Application was disposed of by this Tribunal vide order dated 17.04.2023. The findings of the Tribunal and the directions given therein read as under :-
“17. There is no dispute between the parties that what is being setup by the Respondent No.1 is not a petrol retail outlet but a petrol depot having a capacity of 1065 KL equivalent to 10,65,000 liters of petrol. It cannot be gainsaid that petrol is a hazardous substance within the meaning of the term as defined in Part I of Schedule 1of the Rules, 1989. Here we are not concerned with a case of setting up of a petrol pump/retail outlet and therefore, the CPCB guidelines of 07.01.2020 have no application in the present case.
18. Be that as it may, the Spot Verification Report of the SDM, Rangpo clearly states that the Petrol Depot site in question is situate 15 ft. from the boundary wall of the Applicant, 24 ft. away from its office and 64 ft. away from its dispensing Unit. In this view of the matter, even if assuming that the CPCB guidelines of 07.01.2020 were applicable, the siting of the retail depot in question is in violation of the siting criteria given therein.
19. Having said that, we find there is no Standard Operating Procedure (SOP) with regard to establishment of Petrol Depots as distinguished from petrol pumps/retail outlets. It appears that the District Administration while issuing the NOC has not taken into consideration the fact that the Depot is situated in a mountainous urban area where the residential establishments are situated not only to the right, left and in front of the Depot but also above the Depot on the hill side as would be evident from the photographs which are on record. It appears tha
