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BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No. 29 of 2022 (SZ)

&

I.A. No. 184 of 2022(SZ)

(Through Video Conference)

IN THE MATTER OF

C. Danielraj,

3/6, Saveriyar Nagar,

Parvathipuram, Vadalur,

Kurinjipadi Cricle,

Cuddalore District- 607 303.

...Applicant(s)

Versus

1.Tamil Nadu Pollution Control Board,

Rep by its District Environmental Engineer,

Plot No. A-3, SIPCOT Industrial Complex, Kudikadu,

Cuddalore- 607 005.

2.Tamil Nadu Pollution control Board,

Rep by its Chairman,

76, Mount Salai, Guindy,

Chennai- 600032.

3.The Central Pollution Control Board,

Rep by it Chairman,

Parivesh Bhawan, East Arjun Nagar,

Delhi- 110032.

4.The District Collector, Cuddalore,

First Floor, New Collectorate Building,

Collecorate, Manjakuppam,

Cuddalore- 607 001.

5.Mr. Anwar, S/o Kudus,

S. No. 108/6A, Boothangudi Village,

Chidambaram Taluk, Cuddalore District,

6.M/s. Nayara Energy Limited,

Formely Essor Oil Limited,

Rep by its Managing Director,

(Opp, Karnataka Bank),

5B, New Avadi Road, Thandavaraya,

Kilpauk, Chennai- 600 010.

7.The Joint Chief Controller of Explosives,

A&D wing, Block1-8, 2nd Floor Shastri Bhawan,

No. 26 Haddows Road Nungabakkam,

Chennai- 600004.

...Respondent(s)

For Applicant(s):

Mr. Kamlesh Kannan

For Respondent(s):

Mr. M.R.Gokul Krishnan for Ms. Shanmugavalli

Sekar for and R2

Ms. Revathi Mnivannan for R3.

Dr. D. Shanmughanathan for R4.

Mr. P. Nagaraju for R5

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Mr. Sarvanan for Mr. Abdul Saleem for R6

Judgment Reserved on: 1^st December, 2022.

Judgment Pronounced on: 20^th December, 2022.

CORAM:

HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1.The above application is filed by the applicant questioning the

establishment of a retail petrol pump outlet by the 5^th respondent as a

agency of the 6^th respondent in Sy. No. 108/6A, Boothangudi Village,

Chidambaram Taluk, Cuddalore.

2.The main contention of the applicant is that the proposed petrol pump

outlet is located at a distance of less than 50 meters from the Veeranam

Lake which has an ecological importance and has a capacity of 1,465

mcft. The apprehension of the applicant is that if the 5^th respondent

establishes the fuel station at the site which is less than 50 meters from

the Veeranam Lake any leakage from the underground storage tank

would be of great threat to ground water and soil contamination. The

applicant also states that the 5^th respondent had not got consent from

the 1^st and 2^nd respondent till date.

3.The applicant seems to have obtained the copy of the No Objection

Certificate issued in favour of the 5^th respondent through Right to

Information

(RTI).

According

to

the

applicant

despite

giving

representations to the District Collector and the District Revenue Officer

citing the guidelines issued by the Central Pollution Control Board for

setting up new fuel station. There was no action taken against the 5^th

respondent. He contended further that the fuel station if established

would discharge volatile organic compounds which would be hazardous

not only to the health of the human but also to the environment. Hence,

the applicant has sought for a permanent injunction fore-bearing the 5^th

respondent from establishing the fuel station in the above referred

address.

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4.In response to the above application, the Tamil Nadu Pollution

Control Board had filed its independent report in which it is stated

that the 6^th respondent had applied for grant of „No Objection Certificate‟

(NOC) under Petroleum Rules for proposed retail outlet to store

petroleum to the District Revenue Officer, Cuddalore along with the

details of the land, approval letter from the Ministry of Commerce and

Industry etc., on 15.06.2021.

5.The application filed by the 6^th respondent was forwarded to the

Superin