Halle Bhai Raikwar Versus Narendra Chakraborty & Ors.

Coram: Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson Hon'ble Mr. Justice Sheo Kumar Singh, Judicial Member Hon’ble Mr. Justice Sudhir Agarwal, Judicial Member Hon’ble Mr. Justice Brijesh Sethi, Judicial Member Hon’ble Dr. Nagin Nanda, Expert Member Hon'ble Dr. Arun Kumar Verma, Expert Member
Keywords:
Decision: Disposed
Date: 15.11.2021
The issue raised in this application is against construction of a petrol pump by respondent no.1 in violation of the norms and guidelines in siting criteria for location of retail outlets issued by the CPCB vide order dated 07.01.2020 and without obtaining mandatory consent to establish and consent to operate.
Accordingly, reply has been filed by the project proponent and CPCB. Report has also been filed by the joint Committee constituted by this Tribunal, after inspection conducted on 13.10.2021. According to the said report, the location of the petrol pump is beyond 50 meters of school, hospital or a residential area and beyond 1 km from any water body. Panchayat Bhawan is 75 meters and residence of Shri Ashok Prajapati is 31 meters. Consent to Establish has been granted by the State PCB and NOC has been granted by District Magistrate. The petrol pump is complying with the guidelines of CPCB dated 07.01.2020.
Reply of respondent no. 1 is that application is at the instance of rival of the project proponent, Kalpit Dutt Sahu. CWP 20766/2020 has been filed on the same issue before Madhya Pradesh High Court. The site and running of petrol pump is compliant with the environmental norms.
Reply filed by the CPCB is to the same effect. It is further stated that siting guidelines dated 29.01.2021 are not applicable as petrol pump started prior to that, on 07.01.2020.
In view of above, no further order appears to be necessary except that the petrol pump in question must comply with the statutory norms, including norms with regard to discharge of emission of VOCs. In case there is any violation, it will be open to any aggrieved party to take remedies, in accordance with law. The application is disposed of. In view of order passed in the main application, IA No. 69/2021 also stands disposed of.