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2025 Supreme(Online)(NGT) 1410

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. ARUN KUMAR TYAGI, J
Mr. Harvinder Singh – Appellant
Versus
State of Haryana – Respondent
O.A. No. 408/2023



Advocates:
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified

The term 'schools' in CPCB guidelines includes 'colleges,' thus petrol pumps cannot be established within 50 meters of educational institutions. Compliance with safety norms is essential.

Headnote:(A) National Green Tribunal Act, 2010 - Guidelines for the establishment of petrol pumps - Non-adherence to CPCB guidelines relating to distance from educational institutions - The Court emphasized that the term 'schools' includes 'colleges,' necessitating adherence to siting criteria, which prohibits establishment within 50 meters or less than 30 meters in exceptional cases. Instances regarding the issuance of NOC highlighting misrepresentation and non-compliance by parties involved were noted, leading to the conclusion that further establishment of petrol pumps in sensitive areas violates environmental safety norms. Appeals allowed; NOC set aside. (Paras 67, 92, 97, 100)

(B) Environmental conservation - Public interest litigation - Court emphasized the significance of environmental safety, especially around educational institutions, which includes colleges, asserting the necessity for strict compliance to safety norms and principles of natural justice in administrative actions. (Paras 34, 41, 60)

(C) Principles of natural justice - Highlighted the significance of providing opportunity for hearing before passing orders that could affect parties' rights; emphasized that all actions, especially administrative should ensure compliance with procedural fairness. (Paras 72, 98)

Table of Content
1. details of the applicant's complaint regarding petrol pump. (Para 1 , 2 , 3)
2. information about court orders and proceedings initiated. (Para 4 , 5 , 6)
3. joint committee findings on petrol pump location. (Para 7 , 8 , 9)
4. response and arguments from the hindu girls college management. (Para 10 , 11)
5. responses regarding regulations for petrol pumps. (Para 12 , 13 , 14)
6. clarification from cpcb regarding colleges. (Para 15 , 16 , 17)
7. arguments presented in court regarding compliance. (Para 19)
8. analysis of applicant's locus standi. (Para 20 , 21)
9. court's conclusion and directives to review siting criteria. (Para 22 , 23)
10. final judgment on the noc and its implications. (Para 24 , 25)
11. interpretation of cpcb guidelines and inclusion of educational institutions. (Para 60 , 64 , 66 , 70)
12. final decision on the noc's legality based on safety distance regulations. (Para 72 , 96 , 98)
13. directive for review of existing guidelines for sensitive locations. (Para 97 , 100)

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. N

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