Disposed

Misc Application in disposed of cases No. 116/2024 in Original Application No. 112/2023 of Urban Forest Forum v. Central Pollution Control Board

NGT2 Sept 2025Misc Application in disposed of cases No. 116/2024 in Original Application No. 112/2023

Case brief

AI extract

What is this about?

The Tribunal disposed of a miscellaneous application regarding a petrol pump near a school. Relying on an internal audit confirming the school premises were vacated, the court directed the District Magistrate and IOCL to periodically review safety measures, deeming further immediate construction unnecessary.

What did the court decide?

Direction to the District Magistrate, Hapur, and IOCL to periodically review and take requisite safety measures as may be required.

Misc Application in disposed of cases No. 116/2024 in… — Environment and Pollution | NGT (2025)

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 116/2024 In Original Application No. 112/2023

Urban Forest Forum

Applicant

Versus

Central Pollution Control Board & Ors.	Respondents
Date of hearing : 10.07.2025
Date of correction : 02.09.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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ORDER

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M.A. No. 116/2024 in O.A. No. 112/2023 titled as Urban Forest Forum Vs. Central Pollution Control Board & Ors. was disposed of by this Tribunal vide order dated 10.07.2025.

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It has been brought to our notice that in paragraph 15 of order dated 10.07.2025 words “District Magistrate, Lucknow, Regional Officer, UPPCB, Lucknow” were inadvertently typed instead of words “District Magistrate, Hapur, Regional Officer, UPPCB, Hapur” which are ordered to be corrected as “District Magistrate, Hapur, Regional Officer, UPPCB, Hapur” accordingly.

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Correction be made in order dated 10.07.2025 and also in copy of the order uploaded on the website accordingly.

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Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 02^nd , 2025 AB

Item No. 07

Court No. 2

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 116/2024 In Original Application No. 112/2023

Urban Forest Forum

Applicant

Versus

Central Pollution Control Board & Ors.

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Respondents

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Date of hearing: 10.07.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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Respondents: Mr. Bhanwar Pal Singh Jadon, Harsh Vardhan Singh Rajawat, Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for DM, Hapur. Ms. Priya Puri, Ms. Ritim Mangla and Ms. Parul Sharma, Advocates for IOCL with Mr. Rachit Agarwal, Chief Manager, Retail Sales.

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ORDER

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The applicant had filed Original Application registered as O.A No. 112/2023 under Sections 14 read with Section 18 of the National Green Tribunal Act, 2010.

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The applicant raised the grievances that respondent no. 3- Mahendera Ji Motors Petrol Pump is being run within the distance of 50 meters from respondent no. 4- SCM Public School in violation of the CPCB guidelines dated 07.01.2020 and that high tension electricity wires are passing over the petrol pump and electricity transformers are placed at the corner thereof.

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The application was disposed of vide order dated 27.02.2023 observing that the petrol pump was established/ commissioned on 31.07.2004 and the respondent no. 4- SCM Public School was established during 2007 and CPCB Guidelines dated 07.01.2020 were not applicable to respondent no. 3- Mahendera Ji Motors Petrol Pump.

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However, this Tribunal directed District Magistrate, Hapur to get an audit conducted regarding the safety measures. The relevant part of the order reads as under:-

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“10. However, in view of location of the petrol pump and the school adjacent to each other, the District Magistrate, Hapur is directed to arrange to get an audit conducted regarding the safety measures, in compliance with the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 with reference to on and off-site management plans, and equipment’s including Vapor Recovery System (VRS) installed/ provided in the retail outlet M/s Mahendera Ji Motors Petrol Pump and to take appropriate remedial action if any required on the basis thereof within one month from the date of receipt of copy of this order and send a copy of his report within one month thereafter by e- mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.”

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Since report as directed was not filed, the matter was placed before the Bench by registering M.A No. 116/2024.

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Vide order dated 27.11.2024, the District Magistrate, Hapur was granted time to submit report in terms of order dated 27.02.2023.

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In compliance thereof, report dated 13.01.2025 was filed by the District Magistrate, Hapur. Respondent no. 5 filed objections/response dated 03.04.2025 to the above said report objecting to recommendation made in the report of the District Magistrate, Hapur regarding raising of height of the wall.

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This Tribunal noticed the objection made by respondent no. 5- IOCL to raising of the wall. Learned counsel for District Magistrate, Hapur also pointed out that audit report mentioned some of the deficiencies regarding which no response had been submitted by respondent no. 5- IOCL.

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Vide order dated 22.04.2025 respondent no. 5- IOCL was directed to independently conduct audit of the petrol pump in question and also look into not only the safety measures but also the environmental aspects and file additional response. Personal appearance of officer duly authorized by Chairman, IOCL was also ordered.

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In compliance thereof, additional response dated 08.07.2025 has been filed by respondent no. 5- IOCL. The relevant part of the additional response reads as under:-

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“5. The Respondent Corporation as per the directions of the Hon'ble Tribunal constituted a three member Joint Committee for conducting the Inspection of the Petrol pump in question.

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6. The inspection was successfully conducted by the Joint Committee on 09.06.2025 and the true copy of the audit report submitted by the Joint Committee is being annexed herewith as Annexure-A.”

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The relevant part of Annexure A reads as under:-

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“3. The Joint Committee conducted the inspection of M/s Mahendra Ji Motors (Retail) Outlet located at Babugarh, NH-24, District Hapur on 09.06.2025. The following observations were recorded:

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The Vapour Recovery System at the RO was checked and found to be in working condition.

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The last electrical audit was conducted on 19.08.2024, and all recommended points were found complied (attached as Annexure - 4).

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Building adjacent to Retail Outlet was being used for running a school named SCM Public School. As on date there is no signage board of SCM School and no activity in the premises and its ands vacated.

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A total of 15 CCTV cameras were installed at the ID: all were checked and found functional.

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CCTV recording backup for the past 5 days was found to be available.

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The UPPCL transformer installed of the exit corner side of the retail outlet premises.

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One empty TT (Tank Truck) was found parked in the drive-out position and not under the canopy area.

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Fire Extinguisher (FEx) is positioned near the TT arid is easily accessible during unloading, verified through CCTV footage.

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The RO has three dispensing units with total of eight nozzles, all equipped with auto-cutoff mechanisms.

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Four fire extinguishers and six sand buckets were found available at the site as fire safety measures.

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Rubber hose with external continuity wire is provided at the RO.

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2 layers of wire mesh of 11 linear mesh (11 holes per linear cm or 121 holes per square cm) is available in goose neck type vents for HSD/XM tanks & PV valve is available in vents for MS/XP tanks.

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Electrical safety mas conforming to IS 15652 were found in front of electrical panels.

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Necessary licenses/permissions are in place for storage of Petroleum Class-A and Class-B products up to 40 KL.

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The RO has applied for renewal of the PESO license and is following up with the concerned authority. It is, however, advised that the updated license be obtained at the earliest.

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The boundary wall facing SCM School has been raised to 2 meters in compliance with, Point No. 1 of PESO circular dated 09.09.2024 (Attached as Annexure - 5).

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However, as per the joint report of the District Magistrate, Hapur, it was recommended that the boundary wall beincreased to 3.65 meters (12 feet) for enhanced safety (attached as Annexure -6). The Committee, however, noted that since the school itself is no longer operational at the site in question, any further construction at the site is unwarranted and does not affect the safety index of the Retail Outlet.

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Since, Dhruva Audit was not due for the subject Retail Outlet, a tabulated report on parameters covered under the Dhruva Audit Surveillance were also reviewed by the committee, in compliance with the Learned National Green Tribunal's orders, and observations thereupon were recorded. (attached as Annexure -7).”

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Mr. Rachit Agrawal, Chief Manager (Retail Sales) IOCL has appeared physically before this Tribunal.

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Even though we find that additional response has not been submitted by respondent no. 5- IOCL in proper form as additional response refers to Annexure A while annexure A also refers to Annexure

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7 and in all the three documents there is no conclusion drawn that all requisite safety measures were found to have been taken and no further safety measures were required to be taken but on interaction, Mr. Rachit Agrawal, Chief Manager (Retail Sales) IOCL has submitted that all requisite safety measures have been taken and also duly verified to be operational and no further safety measures are required to be taken.

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In the absence of any material to the contrary, there is no ground to doubt the correctness of above said statement of Mr. Rachit Agrawal, Chief Manager (Retail Sales) IOCL.

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In view of the additional response filed by respondent no. 5-IOCL and statement made by Mr. Rachit Agrawal, Chief Manager (Retail Sales) IOCL, we are of the consider view that no further action is required to be taken on the present miscellaneous application which is disposed of accordingly with directions to the District Magistrate, Hapur, Regional Officer, UPPCB, Hapur and respondent no. 5-IOCL to periodically review and take requisite safety measures on the basis thereof as may be required.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 10, 2025 M.A in Disposed of Cases No. 116/2024 In Original Application No. 112/2023 AB

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Misc Application in disposed of cases No. 116/2024 in Original Application No. 112/2023 of Urban Forest Forum v. Central Pollution Control Board

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 116/2024 in Original Application No. 112/2023 of Urban Forest Forum v. Central Pollution Control Board

Case brief

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What did the court decide?

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