Expression 'schools' in CPCB petrol pump siting guidelines includes colleges as sensitive educational locations requiring 50m (minimum 30m with PESO measures) separation; 20mx20m plots violative post-2020 if ignoring criteria.

Headnote:(A) National Green Tribunal Act, 2010 - Siting criteria for new petrol pumps - CPCB Guidelines dated 07.01.2020 (Point H) - Expression 'schools' includes 'colleges' as educational institutions considered sensitive locations due to presence of large number of students, teachers and staff - New retail outlets not to be located within 50m radial distance (from fill point/dispensing units/vent pipe whichever nearest) from schools, hospitals (10 beds and above) and residential areas designated per local laws - Minimum 30m distance mandatory with additional PESO safety measures in case of constraints - Guidelines supplementary to existing rules - Interpretation based on object to protect lives from fire/explosion risks, not age of occupants - Narrow statutory definitions inapplicable absent discussion in Expert Committee minutes - Plot size norms of 20mx20m post-07.01.2020 violative if ignoring siting criteria implying minimum 30mx30m near sensitive locations - (Paras 42, 64, 65, 67, 73, 74)

(B) Environmental protection - Lease of educational institution land for commercial petrol pump within campus violates purpose of educational land use - Deliberate concealment of nearby auditorium in layout plans for NOC vitiates grant - Abadi deh land qualifies as residential area attracting siting criteria - (Paras 90, 91, 95, 96)

(C) Guidelines review - CPCB Guidelines to be reviewed by Expert Committee to make listed sensitive locations illustrative, including similar installations - MoRTH/OMC notifications post-07.01.2020 to explicitly incorporate siting criteria - (Paras 99, 100)

Facts of the case:
Application challenged NOC for petrol pump on 20mx20m plot leased from educational institution premises, 11.3m from auditorium (capacity 1500 students) and adjacent hostel, alleging violation of CPCB siting criteria endangering students - Joint Committees confirmed distance shortfall - NOC initially cancelled, restored by High Court on natural justice grounds - Tribunal examined records revealing concealed facts.

Findings of Court:
NOC set aside for violating siting criteria; expression 'schools' includes colleges; plot too small even for 30m minimum; land part of educational premises and abadi deh; directions for disciplinary action against erring officials, management review of institution, guidelines revision.

Issues: Whether 'schools' in CPCB Guidelines includes colleges; applicability of 50m/30m siting criteria to proposed site within educational campus near auditorium; validity of 20mx20m plot size norms post-Guidelines; concealment in NOC application.

Ratio Decidendi: 'Schools' interpreted broadly as educational institutions for safety object, not literal/statutory definitions; siting criteria mandatory near sensitive locations implying minimum plot dimensions; concealment disentitles NOC; guidelines require review for inclusivity.

Result: Application allowed; NOC cancelled; compliance and review directions issued.

Table of Content
1. applicant's complaint on petrol pump noc violations. (Para 1 , 2 , 3)
2. tribunal orders inspection; noc cancelled for distance violation. (Para 4 , 5 , 6 , 7 , 8)
3. high court sets aside noc cancellation; parties file replies. (Para 9 , 10 , 11 , 12)
4. further inspections confirm violations; cpcb clarifies guidelines. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19)
5. iocl impleaded; records show no material suppression. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
6. morth impleaded over plot size concerns. (Para 28 , 29)
7. applicant's locus standi upheld in public interest. (Para 30 , 31 , 32 , 33 , 34 , 35)
8. cpcb siting criteria mandates 50m/30m distance from schools. (Para 36 , 37 , 38 , 39 , 40 , 41 , 42)
9. strict compliance required for safety distances. (Para 43 , 44 , 45 , 46 , 47 , 48)
10. debate on 'schools' including colleges. (Para 49 , 50 , 51 , 52 , 53 , 54)
11. cpcb interprets schools excluding colleges. (Para 55 , 56 , 57 , 58 , 59 , 60)
12. 'schools' interpreted to include colleges as educational institutions. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67)
13. plot size policies must comply with cpcb guidelines. (Para 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75)
14. site within college premises violates siting criteria. (Para 76 , 77 , 78 , 79 , 80 , 81 , 82)
15. concealment of auditorium in layout plan found. (Para 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90)
16. misrepresentations by college and officials noted. (Para 91 , 92 , 93)
17. site in abadi deh violates residential distance. (Para 94 , 95 , 96)
18. noc set aside; guidelines to be reviewed. (Para 97 , 98 , 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 fol

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2024 Supreme(Online)(NGT) 5388

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert MemberHarvinder Singh – AppellantVersusState of Haryana – RespondentOriginal Application No.408/2023

Expression 'schools' in CPCB petrol pump siting guidelines includes colleges as sensitive educational locations requiring 50m (minimum 30m with PESO measures) separation; 20mx20m plots violative post-2020 if ignoring criteria.

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Harvinder Singh – Appellant
Versus
State of Haryana – Respondent
Original Application No.408/2023