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Judgment
The issue involved in this case was taken up by this Tribunal suo motu, based on an Article published in "The Hindu" dated 1.8.2013 under the heading "Ecologists question right of way for petrol pump''.
Notice was issued to the owner of the petrol bunk, making it as 7th respondent, apart from the District Forest Officer, as the 5th respondent and others, including MoEF & CC as the 1st respondent.
The 3rd respondent Tamil Nadu Pollution Control Board, as per our direction, has filed its report dated 13 November 2013. The Board has stated that the 7th respondent M/s.VPC Auto Fuels, a HP dealer, is having the petrol bunk at 5/238, Bannari Main Road, Thottasalai, Pudukuyanoor, Bannari Post, Sathyamangalam Taluk, Erode District. The land measuring an extent of 2025 sq.mt was taken on lease by R. Palanisamy from the land owners Karuppusamy and Thangavel as per the lease dated 22.7.2010. Now it is stated that the lease is for a period of 29 years and 11 months.
The occupier of the petrol bunk has furnished the following:
(i) A "No Objection Certificate" issued by the Additional District Magistrate and District Revenue Officer, Erode for the storage of 16,000 litres of Class A and 22,000 litres of Class B petroleum products in the underground storage tanks in the said survey number.
(ii) A copy of the orders of the Hon'ble Madras High Court in W.P.No. 18417 of 2012 dated 20.1.2012 directing the District Forest Officer, Sathyamangalam to consider and dispose of the representation.
(iii) A copy of the letter issued by the Additional District Magistrate and District Revenue Officer dated 28.8.2012 withholding and stopping of all further proceedings, construction work etc., until further orders from the Hon'ble Madras High Court.
(iv) A copy of the order of the Hon'ble Madras High Court in W.P. 32954/2012 dated 26.6.2013, dismissing the writ petition with a cost of Rs. 10,000/- to be paid to the Tamil Nadu Legal Services Authority, by a rival person who is running petrol bunk, apart from furnishing the order of Hon'ble Madras High Court, granting status quo.
Based on the said application and the documents furnished by the 7th respondent, an inspection was done in the unit on 8.10.2013 and observed that the 7th respondent is running the unit after obtaining necessary lease from M/s Hindustan Petroleum Corporation and NOC from the Additional District Magistrate and District Revenue Officer, Erode. It was also found that NH 209 is running on the northern side of the petrol bunk and the distance between the patta land wherein the petrol bunk is situated at SF.No.232/1A and NH 209 is 66 ft and the 7th respondent is catering the need of the vehicles plying on NH 209 between Sathyamangalam and down hills of Thimbam.
The Board has also submitted that there is no visible impact of pollution noticed to the nearby area due to the operation of the petrol bunk. However, zero spillage or seepage of fuel is to be ensured to prevent soil and ground water pollution.
The 5th respondent District Forest Officer has stated in his report that SF 232/A1 of Rajan Nagar which is adjacent to Guthiyalathur Reserve Forest was notified under Section 16 of the Tamil Nadu Forest Act, 1882 and published in the Official Gazette dated 11 August 1896. The relevant portion of the report runs as follows:
''That portion of the Local Fund road from Sathyamangalam to Chamrajnagar (Mysore State) via Bannari and Dimbam between 4th furlong of 7th mile and cairn No.2 of Bannari exclusion to a width of 44 yards is excluded from reservation. It enters the fourth furlong of the seventh mile and runs generally in a north - easterly direction for one and a half miles through the reserve and leaves it south of the cairn No.2 of Bannari exclusion.''
It is also stated in the report that the admissible width starts from the boundary between the patta lands and Guthiyalathur Reserve Forest. The width between Reserve Forest boundary i.e., boundary of the patta land and the end of NH 209 is measured as 44 yards.
It is further stated that MoEF & CC in the letter dated 15.3.2011 has stated that EC should be obtained from the National Board of Wildlife for the explosive projects adjacent to the protected areas and National Park etc., whereas the petroleum retail outlet units will not come under the purview of the explosive unit.
The report has further stated that the elephant corridor is far away from the said land and the petrol pump is permitted to run in the patta land. For the purpose of better appreciation of the stand taken by the District Forest Officer, the relevant portion of the report is extracted which runs as follows:
''5) I submit that the Sujjalkuttai - Bannari Elephant corridor is far away from the said land. Recently, a study was conducted by Wildlife Trust of India for land acquisition perspectives of vital elephant corridors in Sathyamangalam Forest Division. From the above study as well as field observations, it is observed that the above patta lands are not used by elephants as corridor. There is no permission was granted for functioning of petrol pump at Reserve Forest area of this Division. The Petrol pump is permitted to run at patta land of Rajan Nagar village in Sathyamangalam Taluk by competent authority.
6) I submit that farm lands, private companies, buildings etc., are already located along NH 209 adjacent to the above said petrol bunk. All these patta owners and commuters of NH 209 are using the path as per admissible rights. A pictorial map showing the details of Reserve Forest Boundary, National Highway Road, Right of way, Patta Lands, etc., are enclosed herewith for clear picture.''
The sketch which has been filed along with the report of the District Forest Officer also shows that the reserve forest boundary towards northern side could not cross NH 209 or the reserve forest area; while on the southern side where the petrol bunk, the residences and agricultural lands as well as AVT Natural Products Factory are situated are not covered within the reserve forest boundary.
Therefore, it is clear that on the southern side of the reserve forest boundary adjacent to the boundary, the 7th respondent's petrol bunk is situated, as confirmed by the report of the Board as well as the District Forest Officer.
. 11. Taking note of the specific finding given in the report of the District Forest Officer as well as the Board that Sujjalkuttai - Bannari elephant corridor is far away from the land wherein the 7th respondent's petrol bunk is situated and also taking note of the fact that the reserve forest boundary covers only upto NH 209 and beyond that on the southern side wherein the 7th respondent's petrol bunk is situated, it is clear that the 7th respondent's petrol bunk is not situated within the reserve forest boundary.
In view of the stand taken by the authorities concerned viz., the District Officer and the Board and considering the fact that the elephant corridor is far away from the said place, we are of the view that no further proceedings should be continued except to state that the 7th respondent petrol bunk, while carrying on its activities in future if there is any sign of environmental hazard caused by the activities of the 7th respondent, the same will be considered by this Tribunal and appropriate orders will be passed. The Board shall closely monitor the same and take necessary action in case of any violation based on the report of the Board as well as the District Forest Officer.
With the above direction the application stands closed.