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Item No. 05

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 211/2020

(I.A. No. 330/2020)

(With report dated 13.01.2021 by State PCB)

Deepak Sharma

Applicant

Versus

State of Uttarakhand & Ors.

Respondent(s)

Date of hearing:

01.02.2021

CORAM: HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER

HONBLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant(s): Mr. Siddhartha Iyer, Advocate

Respondent: Mr. Mukesh Verma, Advocate for UEPPCB

Mr. Sanyat Lodha, Advocate for R 5&6

ORDER

1.

Grievance in this application is against approval to the proposed

petrol pump at Khasra No. 41/1 min Village Jagjeetpur Mustehkam,

District Haridwar, in violation of CPCB Guidelines dated 07.01.2020

inter-alia as follows:-

Siting criteria of Retail outlets

In case of siting criteria for petrol pumps

new Retail Outlets shall

not be located within a radial distance of 50 meters (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 constrains in

providing 50 meters distance, the retail outlet shall

implement additional safety measures as prescribed by PESO.

In no case the distance between new retail outlet from

schools, hospitals (10 beds and above) and residential area

shall pass over the retail outlet

.

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2.

It is submitted that the proposed site is close to a Play School

named

Ping Pong and a Gas Agency and is thus a high-risk location.

There are also high-tension wires just above the site. In respect of the

said site, vide earlier order dated 25.10.2020, the National Highway

Division, PWD declined to grant NOC but later, on 28.11.2019, NOC has

been granted by the same Authority and on that basis, the District

Magistrate, Haridwar also granted NOC on 21.12.2019. Before such

NOCs were granted, this Tribunal had passed an order on 18.01.2019 in

O.A. No. 86 of 2019, Gyan Prakash @ Pappu Singh v. UOI & Ors

.,

requiring the CPCB to lay down the siting criteria for petrol pumps and

such siting criteria was accordingly laid down by the CPCB on

07.01.2020. In view of the above averments, the Tribunal sought a

factual report from a joint Committee comprising State PCB, District

Magistrate, Dehradun and SEIAA, Uttarakhand.

3.

The Tribunal also referred to another matter involving the same

issue being O.A. No 163/2020,

Roshan Joshi v. State of Uttarakhand &

Ors . but the said matter was disposed of on 27.11.2020, after

considering the factual report that the NOC had been cancelled and the

matter was pending before the High Court. The operative part of the said

order is as follows:-

1xxx..xxx.xxx

2. Vide order dated 17.08.2020, a factual and action taken

report was sought from a joint Committee comprising the State PCB,

District Magistrate, Dehradun and the SEIAA, Uttarakhand. No

notice has so far been issued by this Tribunal to any other party and

therefore, there is no occasion for any such party entering

appearance, at this stage.

3. A report has been filed on 14.10.2020 by the State PCB to the

effect that NOC was cancelled which is subject matter of challenge

before the High Court in Writ Petition No. 1488/2020, Shri Sandeep

Jain vs. District Magistrate and Ors. and there is an interim stay of

cancellation of the NOC.

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4. In view of above, the application is disposed of. The matter

will be governed by the order which may be passed by the High

Court. It will be open to the concerned parties to put forward their

grievance in the said proceedings as per law.

4.

In the present matter, the report has been filed by the Executive

Engineer, National Highway Division, Dehradun as follows:-

That the District Magistrate, Haridwar informed the respondent no.

4 about the withdrawal of no objection certificate regarding