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2024 Supreme(Online)(NGT) 5340

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapat, Expert Member
Cuddalore District Growth of Consumer Protection Society – Appellant
Versus
District Collector – Respondent


Advocates:
For Applicant(s): Mr. P. Suresh Babu, Mr. K. Mohammed Hussen, Mr. B. Ulaganathan, Mr. K. Murugan
For Respondent(s): Dr. D. Shanmuganathan, Mr. S. Sai Sathya Jith, M/s AAV Partners, Mr. M. Vijayamehanath, Mr. S. Saravanan, Mr. R. Suresh, Mr. M. Muthappan, Mr. Ajith

Table of Content
1. violation of cpcb 50m/30m petrol pump distance from school. (Para 1 , 2 , 3)
2. nocs issued considering public safety and 30m minimum compliance. (Para 4 , 5 , 6)
3. respondents affirm distances exceed 30m, no alternatives available. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. cpcb requires constraint justification for <50m distances. (Para 14 , 16 , 17)
5. remand for detailed cpcb compliance verification. (Para 18 , 19 , 20)

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The application is filed for directing the respondents not to open petrol pump outlet near a school, which is being established, in violations of the Central Pollution Control Board (CPCB) guidelines, which cause pollution and environmental degradation posing risk to nearly 4,500 students studying in the school, Mount Litera Zee School, Karaiyeravitta kuppam, Cuddalore District. It is alleged that the said petrol pump outlet is located about 11 meters away from the school in gross violation of the rules in force.

2. It is contended that as per CPCB Guidelines dated 07.01.2020, new petrol pumps/new retail outlet shall not be located within the radial distance of 50 meters (fro

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