Dismissed

Sadiq Hussain v. State of Chattisgarh

NGT7 Aug 2024Original Application No. 134/2024

Case brief

AI extract

What is this about?

National Green Tribunal dismissed an original application alleging non-compliance of CPCB guidelines regarding the proposed setting up of a petrol pump adjacent to a school, based on a committee report finding the application premature and without substance due to pending development permissions.

What did the court decide?

The Original Application was dismissed as being premature and without substance.

Sadiq Hussain vs State of Chattisgarh — Environment and Pollution | NGT (2024)

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Item No. 03

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No.134/2024(CZ) (I.A.No.77/2024)

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Sadiq Hussain Applicant(s) Vs State of Chhattisgarh& Ors. Respondent(s)

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Date of Hearing: 07.08.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL, EXPERT MEMBER

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For Applicant(s): None

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For Respondent(s) : Mr. Yadvendra Yadav, Adv. Mr. Shivansh Soni, Adv.

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ORDER

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Issue raised in this letter petition is noncompliance of the guidelines issued by the CPCB vide letter dated 07.01.2020 for setting up of new petrol pumps and noncompliance of the order of National Green Tribunal passed in O.A. No. 86/2019 titled as Gyanprakash @ Pappu Singh vs. GoI & Ors. It is alleged that considering the adverse effect of petrol pump on the environment, the CPCB has directed the Oil marketing companies to ensure that fuel stations are atleast 50 meters away from schools, hospitals and residential areas and further to install Vapour recovery system (VRS) as new fuel stations which have a sale potential of 300 kilo litres motor spirit per month.

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It is further submitted that :

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Original Application No.134/2024(CZ) Sadiq Hussain vs. State of Chhattisgarh & Ors.

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i. In case of failure of installation VRS, environmental compensation will be levied by the State Pollution Control Board equivalent to the cost of VRS and to further increase to the proportionate to the period of non compliance

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ii. Retail outlets shall not be located within a radial distance of 50 meters from schools, hospitals ( 10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO (Petroleum and Explosives Safety Organization).

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iii. In no case, the distance between new retail outlets from schools, hospitals and residential areas shall be less than 30 meters. No high tension line shall pass over the retail outlet.

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iv. Submersible turbine pumps (STPs) shall be installed within line leak detectors and in the event of pipeline leaks, STPs shall stop pumping fuel from underground tanks. All retain outlets to have overfill alarm through automation. Any major leakage/spillage of petrol or diesel above one barrel (165 litres) shall be reported to the concerned state pollution control board and district administration under intimation to CPCB within 24 hours of occurrence.

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The matter was taken up by this Tribunal on 27.05.2024 and a joint committee was constituted with direction to submit the factual and action taken report.

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In compliance of the above order Members of the Committee visited the site and submitted the report as follows :

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Original Application No.134/2024(CZ)

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Sadiq Hussain vs. State of Chhattisgarh & Ors.

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“ . Observations :

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The petrol pump is proposed in the land bearing Kh. No. - 900/1 (part), adjacent to the road connecting Ambedkar Chowk to Rudri in Dhamtari. The total area of the proposed petrol pump is reported to be 15.57 Sq. Meter.

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Construction for setting up of petrol pump has not been commenced in the site.

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The letter of intent for the petrol pump has been issued by BPCL to Mr. Saurabh Dahariya and not by the 10CL_ as claimed by the complainant in the letter petition.

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The proposed land of the petrol pump is recorded as agricultural land in the revenue record and project proponent has informed that he has not yet applied for diversion of the land use to commercial. Although. he has informed that he has submitted an application in Nagar Palik Nigam, Dhamtari for obtaining the development permission, which is under process.

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To ascertain the adequacy or the 'proposed land for petrol pump wrt the guidelines issued by the CPCB vide letter dated 07.01.2020 for setting up of new petrol pumps. The measurement has been done in presence of the committee members, representative of the complainant, proponent of the petrol pump and other officers present during the visit. the observations made measurement are as follows –

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a. To the East of the petrol pump site. is located St. Mary Church and a Higher Secondary School is being operated in the church premises. The distance of the boundary wall of the abovementioned church from the dispensing unit and the vent pipe as per the proposed layout of the petrol pump is 33 meters and 48 meters respectively,

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b. The distance of the nearest bedded Hospital from the site of the petrol pump is approximately 210 meter.

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c. The distance or the water body nearest to the site of the petrol pump is approximately 200 meter.

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d. The distance of the nearest residential home from the dispensing unit and the vent pipe as per the proposed layout of the petrol pump is 55 meters and 38 meters respectively.

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Original Application No.134/2024(CZ)

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Sadiq Hussain vs. State of Chhattisgarh & Ors.

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Conclusion :and Recommendations :-

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I. As the committee found on the day of visit that the Lol for the proposed petrol pump mentioned in the letter petition has been issued by the Bharat Petroleum Corporation Limited contrary to the Indian Oil Corporation Limited as mentioned in the letter petition. a letter has been issued by the Regional Officer, CECB, Raipur to the Territory Manager. Bharat Petroleum Corporation Limited. Raipur for furnishing the necessary information with respect to the proposed petrol pump on dated 04.07.2024. No reply has been received from the BPCL till date. Therefore, the committee is of the view that BPCL shall he made party in this ease and reply shall be sought from the BPCL. so that other relevant information can be furnished and relevant directions can be further enforced.

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II. As it came into the knowledge of the committee that the case regarding issuance of development permission for the proposed petrol pump site is pending in the Nagar flank Nigam. Dhamtari. The committee is of the view that Nagar Pa1ik Nigam. Dhamtari should be directed that the due to diligence regarding adequacy of location of the petrol pump with respect to the safety and vicinity to the sensitive structure ; i.e. school, hospitals etc, shall be done before issuing the development permission.

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III. As per the measurement conducted in the presence of the committee members, the distance of the boundary wall of the school premises from the dispensing unit and the vent pipe as per the proposed layout of the petrol pump is 33 meters and 48 meters respectively, which is less than 50 meter but more than 30 meter. Therefore committee is of the view that if the necessary permissions and approvals for the setting up of the petrol pump is granted by the concerned authorities then the petrol pump shall be set

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Original Application No.134/2024(CZ) Sadiq Hussain vs. State of Chhattisgarh & Ors.

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up with additional safety measures as prescribed by PESO. The monitoring of which shall be done by the concerned Oil Manufacturing Company i.e. BPCL.

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In its reply by respondent no. 4 it has been submitted that subject petrol pump in question is of Bharat Petroleum Corporation Limited and the answering respondent has not issued any new license or authorized anyone to set up the petrol pump in the area mentioned in the Original Application and thus it has been requested by filing I.A. No. 77/2024 to delete the name of Indian Oil Corporation Limited.

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The perusal of the report reveals that the Original Application is premature and without any substance. Accordingly, the Original Applications stands dismissed .

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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7^th August, 2024 OA No. 134/2024(CZ) K

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Original Application No.134/2024(CZ)

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Sadiq Hussain vs. State of Chhattisgarh & Ors.

Sadiq Hussain v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

Sadiq Hussain v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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