Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1411

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. ARUN KUMAR TYAGI, JM, HON’BLE DR. AFROZ AHMAD, EM
Harvinder Singh – Appellant
Versus
State of Haryana – Respondent
Original Application No.408/2023

For the Appellants/Petitioners: Applicant in Person
For the Respondents:Mr. Rahul Khurana, Advocate for Respondents No. 1, 2 and 5, Mr. Robin Dutt, Advocate for Respondent No. 4, Mr. Raj Kumar, Advocate for Respondent no. 6 (through VC), Mr. Divye Chugh, Mr. Manish Sharma and Mr. Rachit Roshan, Advocates for Respondent no. 7, Ms. Madhu Sweta (through VC) and Mr. Yash Kapoor, Advocates for respondent no. 8

The tribunal ruled that CPCB guidelines for petrol pump siting include colleges as sensitive locations, emphasizing strict adherence to safety distances from such institutions.

Headnote:(A) National Green Tribunal Act, 2010 - Siting Criteria for Retail Outlets - The tribunal addressed the violation of CPCB guidelines regarding the establishment of a petrol pump near educational institutions. The distance between the pump and the college was found to be inadequate (approximately 11.3 meters). The guidelines prescribe a minimum distance of 50 meters from schools and hospitals, and at least 30 meters under specific conditions. The guidelines were not observed in this case, leading to the cancellation of the NOC issued by the District Magistrate. (Paras 6, 15, 43, 67, 96)

(B) Appeal - Legal Standing - The tribunal upheld the applicant's standing based on the public interest nature of the grievance. It emphasized that complaints concerning environmental regulations can be raised by any public-spirited individual. The applicant was found to have locus standi despite challenges regarding motives. (Paras 36, 92)

Facts of the case:
The applicant challenged the NOC for establishing a petrol pump near Hindu Girls College, alleging non-compliance with environmental guidelines and jeopardizing student safety. The applicant provided evidence of significant risks, including proximity to student areas. The NOC was first issued but later challenged and subsequently cancelled by the District Magistrate based on inadequate safety measures. (Paras 2, 4, 87)

Findings of Court:
The tribunal determined that the establishment of the petrol pump is in direct violation of the prescribed safety distances from educational institutions as laid down by the CPCB guidelines. It held that both the college and the Interim NOC issued constituted a breach of environmental safety measures. (Paras 67, 97)

Issues: The primary issues included whether the application was maintainable, whether the CPCB guidelines applied to colleges, and if the issued NOC observed required distances from sensitive locations. (Paras 4, 37)

Ratio Decidendi: The tribunal concluded that the term 'schools' in the guidelines encompasses colleges, recognizing that both institutions require protections from potential environmental hazards. It highlighted the necessity for adhering to established safety measures, demonstrating the importance of protecting student safety, regardless of the age of the students. (Paras 50, 66)

Result: The original application was allowed, and the NOC issued for the petrol pump was canceled. The tribunal directed further review of CPCB guidelines for broader applicability regarding educational institutions. (Paras 97, 100)

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 are found.

But in the present case, the Hindu Girls College and School Management and Pushpesh have not complied with the NGT guidelines and CPCB guidelines. The distance between petrol pump and college is only 5-10 meters as the land (where petrol pump setting up) is situated in the premises of college and beside the land for petrol pump there is auditorium of college which can hold 1500 students at a time. The ho

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2025 Supreme(Online)(NGT) 1411

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)HON’BLE MR. ARUN KUMAR TYAGI, JM, HON’BLE DR. AFROZ AHMAD, EMHarvinder Singh – AppellantVersusState of Haryana – RespondentOriginal Application No.408/2023

The tribunal ruled that CPCB guidelines for petrol pump siting include colleges as sensitive locations, emphasizing strict adherence to safety distances from such institutions.

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. ARUN KUMAR TYAGI, JM, HON’BLE DR. AFROZ AHMAD, EM
Harvinder Singh – Appellant
Versus
State of Haryana – Respondent
Original Application No.408/2023