National Green Tribunal, Central Bench: In an application regarding non-compliance of the guidelines issued by the Central Pollution Control Board (CPCB) vide letter dated 07-01-2020 for setting up of new petrol pumps and non-compliance of the NGT’s order in O.A. No. 86/2019 titled as Gyanprakash v. Union of India, a division bench comprising of Sheo Kumar Singh, J., (Judicial Member) and Dr. Arun Kumar Verma (Expert Member), took cognizance of the matter, issued notices to concerned parties and formed a committee to investigate and report on the issue within a specified timeframe.
In the instant matter, the petitioner alleged non-compliance of CPCB guidelines and a NGT’s order regarding the establishment of new petrol pumps. The CPCB directed oil marketing companies to ensure new fuel stations are at least 50 meters away from schools, hospitals, and residential areas. Additionally, the installation of Vapour Recovery Systems (VRS) is mandated for new fuel stations with a monthly sale potential of 300 kilolitres of motor spirit. Failure to install VRS would result in environmental compensation levied by the State Pollution Control Board. Retail outlets are prohibited within 50 meters of specified areas and must implement additional safety measures if unable to maintain the distance. The minimum distance between new retail outlets and specified areas is 30 meters. Safety measures such as submersible turbine pumps (STPs) with line leak detectors are also required.
The NGT noted that the petitioner seeks compliance with environmental guidelines regarding the establishment of petrol pumps. The NGT took cognizance of the matter and formed a committee to investigate and report on the issue within a specified timeframe. The NGT
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Notice issued to respondents, i.e., State of Chhattisgarh through District Magistrate, Dhamtari, Chhattisgarh, Member Secretary, Chhattisgarh Environment Conservation Board, Chhattisgarh, the Commissioner, Municipal Corporation, Dhamtari, Chhattisgarh and Indian Oil Corporation, Raipur, Chhattisgarh, returnable within four weeks and directed the applicant/Registry to serve respondents via multiple means, including email.
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Directed the respondents to submit replies within six weeks via e-filing portal.
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Formed of a Joint Committee to investigate the matter, comprising representatives from relevant authorities.
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Directed the Committee to visit the site and submit a factual report within six weeks, coordinated by the State PCB.
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Directed the applicant/Registry to provide necessary documents to the committee and respondents within a week.
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Directed the Committee to submit the report in a specified format via email.
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Next date of hearing is listed for 24-07-2024.
[Sadiq Hussain v. State of Chhattisgarh, 2024 SCC OnLine NGT 399, order dated 27-05-2024]
