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Judgment
Heard Mr. M. Rakesh, learned Amicus Curiae. Heard also Mr. T. Rajendra, learned counsel for the Respondents no. 1 & 2; Mr. N. Kumarjit,
learned AG assisted by Mr. P. Tamphamani for the Respondents no. 3 & 6; Mr. N. Ibotombi, learned Sr. Counsel assisted by Mr. A. Rommel
for the Respondents no. 4 & 5 and Mr. P. Tomcha, learned counsel for the Respondents no. 7 and 8. Heard also Ms. G. Pushpa, learned counsel
for the Respondent no. 9.
In this PIL, the petitioner has raised a very important public issue relating to the public safety on the opening of any retail outlets of fuel which are
highly inflammable which may prove to be hazardous to the immediate neighbouring area.
It has been alleged by Mr. M. Rakesh, learned Amicus Curiae that when the authorities granted permission to the Respondent no. 1 for opening
of retail outlet/petrol pump/diesel pump through their agents, there was no stipulation for keeping safe distances between such outlets and any
public institutions like schools, hospitals, theatres, stadiums, etc. where a large number of public would assemble.
It has been submitted by Mr. M. Rakesh relying on the decision of the Bombay High Court in St. Philomena Convent High School, Nashik Vs.
Union of India &Ors. decided in WP (C) No. 4734 of 2004 on 31.03.2009 that the minimum distance of 91.5 m has to be preserved between the
petrol station and the nearest gate of such schools, hospitals, theatres, stadiums, etc. In the present case, it has been submitted that no such
distance has been stipulated to be maintained and Respondent no. 9 has been permitted to establish the retail outlet very near to a hospital which
will be detrimental to the public health and safety and accordingly, has sought for a direction to the Respondents concerned to initiate such actions
so that such minimum distance may be maintained for safety of the public and till such arrangement is made, the Respondents should not be
allowed to open the said outlet.
The Respondents have, however, submitted that unlike in the case of St. Philomena Convent High School, Nashik(supra) of the Bombay High
Court which has been relied by Mr. M. Rakesh, there is no such rule in existence in the State of Manipur prescribing any minimum space to be
maintained between such outlet and neighbouring public institutions. It has been further submitted that in the present case, there is a gap of 88 feet
between the wall of the immediate neighbouring hospital and the wall of the proposed outlet, which will ensure a safe distance in the event of
occurrence of any unfortunate incident which may require evacuation of people from the neighbouring areas.
Mr. T. Rajendra, learned counsel for the Respondents no. 1 and 2 has submitted that the authorities have examined various requirements and
after considering the rules and guidelines as per Petroleum Act, 1934 and the rules framed thereunder and had issued the necessary licence for
storage of petroleum products in the said outlet.Mr. Rajendra further submitted that there is no stipulation under the relevant rules that a minimum
space has to be retained between the outlet and neighbouring public institutions/areas.
Mr. P. Tomcha, learned counsel for the Respondents no. 7 and 8 has submitted that as required under Section 168 of the Manipur Municipality
Act, 1994, anyone who is desirous of storage of kerosene, petroleum napthamcoal-tar or any inflammable oil or wholesale stock of matches
exceeding one hundred grossneeds permission/licences from the municipality which has not been obtained in the present case. However, that is a
different issue in as much as it is for the respondent no. 9 to obtain such permission/licences from the municipality. As far as the present issue is
concerned i.e., of maintaining a minimum distance between the retail outlet of petrol pump/diesel pump or such inflammable items, the Municipality
Act is also silent.
We have heard learned counsel for the parties and perused the materials on record.
We are of the view that in the present case, in absence of any specific stipulation under any rule issued by any of the authorities in the State of
Manipur, it may not be appropriate to interfere with the permission already granted to the Respondent no. 9 to open the retail outlet in the
proposed area. We have also noted that there is a space of 88 ft. available between the wall of the neighbouring hospital and the wall of the
proposed retail outlet which may be adequate to take care in any eventuality of any accident arising out of such retail outlet/petrol pump/diesel
pump. We however, direct that such open space which would be normally required to ensure safety to the members of the public
gathered/assembled in the neighbouring public institutions would also be required to be kept unobstructed for which the Respondents, more
particularly Respondent no. 9 would be required to ensure that the said space remains open and unobstructed. In other words, there should not be
any construction or storage which would impede free access to the said space.
We have also noted that since there is no such rule framed by any authorities in the State of Manipur, and considering the fact that accident
cannot be totally ruled out in such places which store very highly inflammable materials,it will be desirable that the State Government frame
necessary rules for keeping open spaces or distances between such places where highly inflammable articles are stored/located with the
neighbouring areas. Accordingly, the State Respondents, more particularly, Respondent no. 3 may take such steps for stipulating keeping open
spaces between the outlets storing highly inflammable materials and neighbouring buildings, as may be deemed appropriate in the context of
Manipur, so that in future whenever any such retail outlet for inflammable articles or storage of inflammable articles are proposed to be
constructed,the State authorities would be required to take adequate safety measures including by laying down minimum distances which are
required to be maintained between such storage or retail outlet sites storing inflammable articles with the neighbouring areas by making appropriate
scheme or regulations. We accordingly, make it clear through this PIL that in future no such licencesbe given to anyone for the purpose of
construction of retail outlet or storage of any inflammable articles as defined under the Petroleum Acts, 1934as well as the Inflammable Substances
Act, 1952 and the related Acts, till the State Government/relevant authorities frame such safety guidelines including specifying minimum area of
open spaces between such storage sites and neighbouring buildings. Earlier interim order passed by this Court on 24.11.2007 stands vacated
accordingly. PIL stands disposed of with the above observation and directions.