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2024 Supreme(Online)(NGT) 4601
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
Mr. B. Amit Sthalekar, J, Dr. Arun Kumar Verma, ACJ
Yodh BDR Thapa – Appellant
Versus
Bharat Petroleum Corporation Ltd. (BPCL) – 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, Mr. Sameer Abhyankar, Standing Counsel, State of Sikkim, Mr. Aakash Thakur, Advocate, Mr. Surendra Kumar, Advocate, Mr. Raj Kumar, Advocate, Mr. Ashok Prasad, Advocate, Mr. Apurba Ghosh, Advocate
The Tribunal emphasized enforcing a 250-300 meter buffer zone for petrol depots from residential areas, mandating the establishment of Standard Operating Procedures to ensure safety and compliance with environmental guidelines.
Headnote:(A) Environment (Protection) Act, 1986 - Violation of Siting Criteria - Allegations against Bharat Petroleum Corporation for setting up a Petrol Depot adjacent to a residential area. The Tribunal directed the Central Pollution Control Board to issue a Standard Operating Procedure for petrol depots within three months, enforcing compliance with safety measures. (Paras 5, 22)
(B) Siting Criteria - The Tribunal noted the lack of a Standard Operating Procedure for petrol depots distinguished from petrol pumps, mandated a buffer zone of 250-300 meters from residential areas based on M.B. Lal Committee recommendations, emphasizing the need for disaster management measures surrounding hazardous installations. (Paras 14, 20, 24) Facts of the Case: Yodh BDR Thapa claimed a petrol depot was improperly sited near residential properties violating environmental guidelines issued on January 7, 2020, by the Central Pollution Control Board. The case raised safety and environmental concerns due to the depot's proximity to populated areas.
Findings of Court:
The Tribunal recognized that the current siting did not comply with the necessary buffer zones and directed state bodies to revise procedures and adhere to recommendations for safer depot placements.
Issues: The main issues revolved around the compliance of the petrol depot construction with environmental laws, specifically the siting criteria relative to populated areas and safety measures required for hazardous installations.
Ratio Decidendi: The court held that there was no Standard Operating Procedure for petrol depots, and the Central Pollution Control Board must create comprehensive guidelines following the accepted buffer zone recommendations to ensure public safety.
Result: The Execution Application was disposed of with a directive for compliance with the revised SOP.
| Table of Content |
|---|
| 1. overview of the complaints regarding unsafe siting of the petrol depot. (Para 1 , 2 , 3) |
| 2. allegations concerning the adoption of siting criteria for petrol outlets. (Para 5 , 6) |
| 3. emphasis on lack of standard operating procedures for petrol depots. (Para 17 , 19) |
| 4. directive for standard operating procedures based on safety guidelines. (Para 22 , 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
