Item No.01:

BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI

Original Application No.18 of 2022 (SZ)

(Through Video Conference)

IN THE MATTER OF:

Seethalakshmi @ Vijaya W/o Subramani,

45 feet Road, extension, Balaji Nagar, Rajendra Apartments,

Flat No. A-10, Saram Pondicherry- 605013

...Applicant(s)

1.Hindustan Petroleum Cororation Ltd.,

Rep by the Deputy General Manager Retail,

And Duly constituted Attorney,

No. 17, Jamshedji Tata Road,

Mumbai- 400 020

2.Hindustan Petroleum Corporation Ltd,

Trichy Retai Regional Office,

No. 90, 2^nd Floor, Tiruchirapalli- 620001

3.The Deputy Controller of Explosives,

A&D Wing, Block No. 1-3 2^nd floor, Shastri Bhavan,

No. 26, Haddous road, Nungambakkam

Chennai- 600 006

4.The Central Pollution Control Board,

Represented by its Chairman,

Parivesh Bhavan, East Arjun Nagar,

Shadhra Delhi- 110032

5.Pondicherry Pollution Control Board,

Rep by its Chairman Pondicery,

III Floor, PHB Building, Anna Nagar,

Puducherry- 605 005

6.The District magistrate,

Government of Puducherry,

New Revenue Complex, 1^st Floor,

VAxhudavyr Road, Pettaouam Chathithram,

Puducherry- 605 009.

7.The Sub Divisional Magistrate (North)

Government of Pondicherry

Revenue Complex Ground Floor,

No. 505, Kamaraj Salai,

New Saram Pondicherry- 605 013

8.The Commissioner Olulgret Municipal Office,

Main Road, Boomiyampet, Jawahar Nagar,

Pondicherry- 605 005

9.Smt. Sengottouvane Dharani

W/o Sengouttouvane

No. 5 2^nd Cross Nanda Nagar,

Sellaperumalpet, Lawspet

Pondicherry- 605 008

...Respondent(s)

Date of hearing: 25.02.2022.

CORAM:

HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER

HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

For Applicant(s):

Mr.M. Devaraj

For Respondent(s):

Mr. Abdule Saleem and Mr. S. Saravanan

for R1 and R2

O R D E R

1.The above case has been filed by the applicant stating that respondents 1 and

2 have floated tenders for opening new petroleum outlet in Resurvey Survey

No.116/1/A/1/E, Saram Village, Pondicherry against the guidelines issued

by the Central Pollution Control Board, followed by the Puducherry

Pollution Control Committee in respect of the distance criteria. So the

applicant filed this application seeking the following relief:

appropriate in the facts and circumstances of the case.”

2.As per order dated 21.01.2022, when the matter came up for admission,

respondents 1 and 2 entered appearance through Learned Counsel and

submitted that they have only obtained initial approval from the Petroleum

and Explosives Safety Organization (PESO) and other permissions are yet to

be obtained. They will have to obtain No Objection Certificate (NOC) from

the competent authority and also building permit under the local municipal

laws. Without obtaining these approvals, they may not be able to establish

the unit. Further, in view of the decision reported in W.P. No. 7264 of 2016

(R. Gunasekaran Vs. the Joint Secretary, Ministry of Petroleum and Natural

Gas & Ors.), the authorities are considering the siting criteria and also other

health impacts before granting the No Objection Certificate (NOC).

Accordingly, we have posted the case to today for enabling the respondents

1 and 2 to file their reply affidavit.

3.Respondents 1 and 2 have filed the reply affidavit, wherein they have

categorically stated that the application is premature one and they have not

started any work in the area and it is only in the nascent preliminary stage of

obtaining the requisite statutory permissions, licenses and clearances as

required for its establishment and operation. They have applied to

Commissioner of Police, Revenue Department, Fire and Rescue Service and

the District Collector for obtaining No Objection Certificate for the subject

retail outlet and the same is yet to be considered and given. They have not

started any work on site and they have undertaken that only after obtaining

requisite clearances