Item No. 5

(Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPALBENCH, NEW DELHI.

(Through Physical Hearing with Hybrid VC Option)

Original ApplicationNo.334/2022

R Chandracoumar

Applicant

Versus

State of Tamil Nadu & Ors.

Respondents

Date of hearing:

30.11.2022

CORAM: HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER.

Application is registered based on a complaint received by post.

ORDER

1.

Mr. R Chandracoumar resident of 4/345, Annai Indira Street,

Vazhuthareddy, Villupuram, Tamil Nadu has sent the present letter

petition praying for firstly stopping the construction activities of BPCL

Retail Outlet at Survey no.73/2A, Aiyankoilpattu village, Vikravandi

Taluk, Villupuram Distt. Tamil Nadu and cancellation of NOC granted for

the same.

2.

The applicant has submitted that the Retail outlet is located very

near to/ in close proximity of PWD lake Aiyankoilpattu lake-Survey No.

69, Kathirvel Murugan Temple, Visweswara Vidya Vikas Nursery and

Primary School and Annamalai Hotel bus stop and is violative of NGT

and Indian Road Congress (IRC) of Surface Transport Guidelines/norms

on public safety, water bodies, religious public places and the provisions

of the Petroleum Act, 1934 and the Petroleum Rules 2002.

O.A. No. 334/2022

R Chandracoumar vs. State of Tamilnadu

2

3.

Vide order dated 11.05.2022, this Tribunal constituted a Joint

Committee comprising of State Ground Water Authority, State PCB and

Collector, Villupuram and directed the same to submit factual and action

taken report within two months.

4.

In compliance thereof, TNPCB has submitted report vide email

dated 12.09.2022. Relevant part of the report is reproduced as under:-

“Inspection Report of the Joint Committee formed to

inspect the BPCL Retail Outlet site at Aiyankovilpattu,

Vikravandi, Villupuram in the matter of Hon'ble NGT

(PB), New Delhi 0.A.No. 334 of 2022 filed by R.

Chandracoumar Vs. State of Tamilnadu

Reference – Hon’ble NGT (PB) Order dated 11.05.2022 in

0.A.No. 334 of 2022

Date of Inspection:11.08.2022

S.N

o.

Title

Inspection Details

O.A. No. 334/2022

R Chandracoumar vs. State of Tamilnadu

3

Point No: (H) in Guidelines

for

setting

up

of

new

Petrol Pumps:

Siting criteria of Retail

Outlets:

within a radial distance of 50^.

Point No: (B) in Addendum

to Guidelines for setting up

of new Petrol Pumps.

Point No: (D) in Addendum

to Guidelines for setting up

of new Petrol Pumps.

O.A. No. 334/2022

R Chandracoumar vs. State of Tamilnadu

4

”

5.

We have gone through the report of the Joint Committee. In the

report of the Joint Committee, it is mentioned that the outlet is located at

58m distance from the bank of Aiyankoilpattu PWD Lake and there is no

chance for ground water pollution due to the fuel retail outlet since

natural occurrence of clay soil to a considerable depth within the sub

surface will act as a barrier both for seepage and infiltration of ground

water from one place to another place. No schools, hospitals and

residential areas are located within 30m. No high tension line is passing

over the retail outlet. Concrete bottom with brick masonry with

plastering around the tank is provided to ensure prevention of

percolation/seepage into ground water. The Joint Committee did not find

any violation of the guidelines or environmental norms in setting up of

the Retail Outlet.

6.

In view of the above, we are of the considered view that no further

action is required to be taken by this Tribunal on the present application

at this stage which is disposed of accordingly.

7.

In case the applicant has any further grievance in future, the

applicant may move this Tribunal for further directions in the matter.

Arun Kumar Tyagi, JM

Dr. Afroz Ahmad, EM

November 30, 2022

AVT