Compliance with CPCB Distance Norms Essential for Public Safety, Rules Court
The Kerala High Court, in a decisive judgment delivered by Justice M.A. Abdul Hakhim, has dismissed the writ petition filed by Ashwin Abraham Cherian, challenging the refusal of a No Objection Certificate (NOC) for setting up a petroleum outlet. The judgment underscored the necessity of adhering to the Central Pollution Control Board (CPCB) guidelines, particularly the distance norms, to ensure public safety.
The petitioner, Ashwin Abraham Cherian, had sought to establish a retail petroleum outlet in Chottanikkara, on land leased from his parents. Despite obtaining an initial Letter of Intent from Hindustan Petroleum Corporation Ltd., Cherian's application for an NOC was rejected by the Additional District Magistrate, citing non-compliance with CPCB distance norms and the potential threat to public safety.
The court noted that the CPCB guidelines mandate maintaining a distance of 50 meters from schools, hospitals, and public assembly areas, which could be reduced to 30 meters if additional safety measures were implemented. However, the court maintained that such guidelines must be strictly adhered to by the district authorities when issuing NOCs under Rule 144 of the Petroleum Rules, 2002.
The petitioner contended that the guidelines were not binding on the district authority, arguing that the petroleum outlet fell under the green category and was exempt from certain consents. However, the court found this argument unconvincing, emphasizing that the guidelines were indeed applicable and crucial for public safety considerations.
The court further clarified that school premises, including playgrounds, should be treated as a single unit for the purpose of distance measurement. This interpretation was pivotal in the decision, as the proposed petroleum outlet was found to be within the prohibited distance of 30 meters from the nearest school compound wall.
The judgment aligns with a series of previous decisions by the Kerala High Court, reinforcing the principle that public safety takes precedence and that the consent of neighboring property owners is not a requisite for the grant of an NOC. The court concluded that the district authority was justified in its decision to deny the NOC based on the proximity of the petroleum outlet to the school, thereby dismissing the writ petition.
Bottom Line:
District Authority is justified in considering compliance with Central Pollution Control Board (CPCB) guidelines, including distance norms, while issuing No Objection Certificate (NOC) for petroleum outlets under Rule 144 of the Petroleum Rules, 2002. School premises, including playgrounds, are considered as a single unit for distance measurement.
Statutory provision(s): Petroleum Rules, 2002 Rule 144
