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Judgment
Grievance of the applicant is in respect of violation of CPCB guidelines issued vide its Office Memorandum dated 07.01.2020, ‘Guidelines for setting up of new petrol pumps’, which provide for a minimum distance of 50 meters from residential areas to be maintained by any new petrol pump/ filling station sought to be established. The Applicant mentioned three instances of petrol stations that have been sanctioned contrary to the CPCB guidelines at:
Khasra No. 1560, Mauja Raipur, Pargana Parvadun, Dehradun, Uttarakhand.
Khasra No. 587/1, Ranjhawala, Raipur, Dehradun, Uttarakhand
Khasra No. 607 and 609, Fountain Chowk and Dobhal Chowk, Dharampur-Nehrugram Road, Dehradun, Uttarakhand.
Vide order dated 22.02.2022, the Tribunal constituted a joint Committee of State PCB and District Magistrate, Dehradun to undertake site visit at Kh. No. 1560 Mauza Raipur, Pargana Parvadun, Dehradun and Kh. No. 587/1, Ranjhawaala, Raipur, Dehradun and look into the grievance of the applicant.
In pursuance of the above, the District Magistrate, Dehradun has filed its report on 05.04.2022 to the effect that petrol pump proposed in Khasra No. 587/1 Mauja Raypur Ranjhawala is non-compliant with the CPCB Guidelines. Report has also been filed by the State PCB on 19.04.2022 giving factual position as follows:-
“Location wise observations of the Joint Committee about proposed/established petrol pump is as given below:
A. Khasra No. 587/1, Mauza Raipur Ranjhawala, Dehradun:
i. During the inspection, the Joint Committee observed that no petrol pump is established and no construction work was found in the said location.
ii. In the north direction of proposed petrol pump, a residential house of Shri Bhagwan Singh Thapa is located which is 30 meters from boundary of proposed petrol pump.
iii. There is empty plot in south of proposed location and there is no habitation in more than 30 meters distance.
iv. The eastern part of proposed location (Khasra No. 587/1) is residential, wherein residential house of Shri Jeewan Singh Rana is situated, which is adjacent to proposed location.
v. Raipur-Balawala Road is located in the west direction of proposed location. Copy of inspection report of Joint Committee is enclosed herewith as Annexure-1
vi. The Central Pollution Control Board vides its Office Memorandum dated 07.01.2020 issued "Guidelines for Setting up of new Petrol Pumps". As per said guidelines......
H. Siting Criteria of Retail Outlet — as prescribed by CPCB:
In case of siting criteria for petrol pumps, new retail outlets shall not be located within a radial distance of 50 meters (from fill points/dispensing units/ vent pipe whichever is nearest) form schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraint 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 school, hospitals (10 beds and above) and residential area designated as per laws shall be less than 30 meters. No high tension line shall pass over the retail outlet.
Copy of "Guidelines for Setting up of new Petrol Pumps" of Central Pollution Control Board, as amended dated 16.08.2021 is enclosed as Annexure-2.
Based on above observations, the Joint Committee found that the proposed location of petrol pump (Khasra No. 587/1, Mauza Raipur Ranjhawala, Dehradun) do not fulfill the Siting Criteria of Retail Outlet prescribed by the Central Pollution Control Board as residential area is located within 50 meter radius of proposed location of petrol pump.
B. Khasra No. 1560, Dobhal Chowk, Mauza Raipur, Dehradun:
i. During the inspection, the Joint Committee observed that Petrol pump namely - Shaheed Gyan Singh Bisht (Bharat Petroleum), Khasra NO. 1560, Dobhal Chowk, Mauza Raipur, Dehradun is under operation.
ii. In the north of said petrol pump, a residential house of Shri Dobhal is located, which is 30 meters from filling point of said petrol pump.
iii. In the west direction, there is 22 meter wide road and thereafter, commercial shops and residential houses are situated.
iv. In the east, a house of Shri Rawat is situated, which is about 25 meters from dispensing unit point.
v. There is empty plot in south of said petrol pump wherein sand, bajri business is being done. Distance from filling point is about 25 meters.”
Conclusion in the report is as follows:-
“However, based on the observations of the Joint Committee, Uttarakhand Pollution Control Board has suggested the District Magistrate Dehradun vide letter dated 18.04.2022 to cancel the said permissions issued by the District Magistrate, Dehradun, as per rules. Copy of letter issued on dated 18.04.2022 is enclosed as Annexure-4.”
In view of above, further action may be taken by the concerned statutory authorities in accordance with law.
A copy of this order be forwarded to the District Magistrate, Dehradun and State PCB by e-mail.
The application is disposed of.
All pending I.A.s also stand disposed of.