Petrol pump installations must comply with 50-meter safety regulations from sensitive locations, defined to include educational institutions, reinforcing statutory guidelines against such proximities.

Headnote:(A) National Green Tribunal Act, 2010 - Guidelines dated 07.01.2020 by Central Pollution Control Board - Establishment of petrol pump in proximity to educational institution - Violation of siting criteria, which mandates a minimum distance of 50 meters from schools and hospitals (10 beds and above) - The Tribunal affirmed that the term 'schools' includes 'colleges', thus rendering the NOC for the petrol pump unlawful as it was within an alarming proximity (11.3 meters) to college premises, endangering student safety. (Paras 7, 45, 67, 93, 97)

(B) Natural Justice - The District Magistrate acted without adherence to proper procedure by failing to issue a show cause notice, making the NOC cancellation arbitrary. (Para 39)

Facts of the case:
The applicant raised concerns about the establishment of a petrol pump in direct vicinity (5-10 meters) of Hindu Girls College and School, citing disregard for safety guidelines and environmental protocols. The applicant acted as a public interest litigant, asserting students’ safety was compromised by the facility's location.

Findings of Court:
The Tribunal ruled that CPCB Guidelines prohibit the establishment of petrol stations near educational institutions to maintain safety, declaring the NOC as acted upon without due diligence or notice to the parties affected.

Issues: The Court addressed if colleges fall under the 'sensitive locations' as defined under existing pollution control guidelines, and whether the NOC cancellation was legally valid based on procedural missteps.

Ratio Decidendi: The Tribunal found that both statutory definitions allowed interpretation that included colleges and highlighted that safety protocols should be enforced to safeguard students, compelling compliance with CPCB guidelines.

Result: The NOC issued by the District Magistrate was set aside, prohibiting the establishment of the petrol station.

Table of Content
1. filing of application for noc by harvinder singh. (Para 1 , 2 , 3)
2. joint inspection report indicating non-compliance with cpcb guidelines. (Para 4 , 6)
3. argument regarding the legal status of the noc and compliance issues. (Para 10 , 12)
4. definition and interpretation of 'schools' includes 'colleges'. (Para 66 , 67)
5. conclusion to set aside noc due to violations. (Para 97 , 99 , 100 , 101)

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. The applicant-Mr. Harvinder Singh filed an application/complaint bearing Diary No. 0701116011382023 (O.A.) (F/A) on 22.05.2023 through e- filing along with court fee of Rs. 1100/- but due to the same being defective for not filing of proper application/complaint, the applicant was asked to remove the defect on which the applicant refiled the proper complaint/application on 26.05.2023 which has been registered as O.A. No. 408/2023.

2. The applicant has raised grievances about grant of permission by the officers of the Indian Oil Corporation and grant of NOC by the officers of the District Administration, Yamuna Nagar, Haryana for establishment of petrol pump in the premises of Hindu Girls College and School, Jagadhri, District Yamuna Nagar by ignoring the byelaws, rules and regulations and safety of the children with the prayer for directing cancellation of the NOC.

3. The relevant part of the application enumerating grievances of the applicant is reproduced as under:-

“Subject:- Complaint against the officers who were negligent in issuing petrol pump of Indian Oil Corporation by ignoring the byelaws, rule and regulation and safety of the children in the premises of Hindu Girls College and Hindu Girls School, Jagadhri, District Yamuna Nagar and complaint against the officials of District Administration Yamuna Nagar (Haryana) for illegally issuing the NOC for petrol pump of the aforesaid premises and cancelled the NOC or passed stay orders against the said NOC

X X X

1. That the applicant Harvinder Singh S/o Shri Sardar Govind Singh, Resident of House No. C 2/1854, Budia Gate, Jagadhri, District Yamuna Nagar, Haryana and am a law abiding and peace loving person. I am a social worker and RTI Activist.

2. That the Indian Oil Corporation has issued letter no. 45154037444376 dated 01.02.2020 regarding the release of a petrol pump to Mr. Pushpesh, at the above mentioned place (in the premises of Hindu Girls College Jagadhri). In which NGT rules have been flouted. Even the local administration has issued No Objection Certificates illegally, without keeping the safety of girl students of Hindu Girls College and School. There will be no justification either.

The National Green Tribunal (NGT) has also issued guideline for setting up a Petrol/fuel pump vide OA No. 86/2019 dated 18-01-2019 which are as follow:-

In case of sitting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50meters (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 metres distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new Retail outlet from schools, hospital (10 beds and above) and residential area designated as per local laws shall be less than 30 metres. No high tension line shall be pass over the retail outlet.

Central Pollution Control Board (CPCB) has recently issued guidelines to establish petrol pumps. These instructions have been issued because of the poor impact of petrol pumps on the environment. The Central Pollution Control Board has issued new guidelines keeping in view the directives of the National Green Tribunal.

According to these guidelines any petrol pump cannot be established in 50 metres radius of a school, hospital or residential area. CPCB also asked the concern authorities to issue challan if violations of rules a

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2025 Supreme(Online)(NGT) 1055

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)HARVINDER SINGH – AppellantVersusSTATE OF HARYANA – Respondent408/2023 / DELHI

Petrol pump installations must comply with 50-meter safety regulations from sensitive locations, defined to include educational institutions, reinforcing statutory guidelines against such proximities.

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HARVINDER SINGH – Appellant
Versus
STATE OF HARYANA – Respondent
408/2023 / DELHI