National Green Tribunal
Harvinder Singh vs State Of Haryana on 21 July, 2025
Item No. 01. (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.408/2023
IN THE MATTER OF:
1. Harvinder Singh,
S/o Sardar Govind Singh,
Resident of House No. C2-1854,
Budia Gate, Jagadhri,
District-Yamuna Nagar, Haryana. ...Applicants
Versus
1. State of Haryana,
Through Chief Secretary,
Government of Haryana,
4th Floor, Haryana Civil Secretariat,
Sector- 1, Chandigarh- 160001, Haryana,
Email: [email protected].
2. District Magistrate, Yamuna Nagar,
Mini Secretariat, Jagadhri,
DC Office, Yamuna Nagar,
Email: [email protected].
3. Hindu Girls College,
Jagadhri, District Yamuna Nagar,
Haryana- 135003.
Email: hgcjagadhrigirls@)rediffmail.com.
4. Mr. Pushpesh Passi,
House No. 931, Sector 17,
HUDA, Jagadhri, Yamuna Nagar,
Haryana- 135001,
5. Haryana State Pollution Control Board,
Through its Member Secretary,
C-11, Sector-6, Panchkula- 134109, Haryana,
Email: [email protected].
6. Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi- 110032.
E-mail :- [email protected].
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors
-2-
7. The Deputy General Manager (Retail Sales),
Panipat Divisional Office, Indian Oil Corporation Ltd.,
Village Bohli, P.O. Panipat Refinery,
District Panipat, Haryana
8. Ministry of Road Transport and Highways,
Transport Bhawan, 1, Parliament Street,
New Delhi -110001
Email :- [email protected]/
[email protected] ...Respondents
Counsel for the Applicant:
Applicant in Person.
Counsel for the Respondents:
Mr. Rahul Khurana, Advocate for Respondents No. 1, 2 and 5. Mr. Robin Dutt, Advocate for Respondent No. 4. Mr. Raj Kumar, Advocate for Respondent no. 6 (through VC). Mr. Divye Chugh, Mr. Manish Sharma and Mr. Rachit Roshan, Advocates for Respondent no. 7.
Ms. Madhu Sweta, (through VC) and Mr. Yash Kapoor, Advocates for respondent no. 8.
None for Respondent no. 3.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Judgment Reserved on:- 02.07.2025 Judgment pronounced on :- 21.07.2025 Application under the provisions of the National Green Tribunal Act, 2010.
Judgment PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
1. The applicant-Mr. Harvinder Singh filed an application/complaint bearing Diary No. 0701116011382023 (O.A.) (F/A) on 22.05.2023 through e-
filing along with court fee of Rs. 1100/- but due to the same being defective for not filing of proper application/complaint, the applicant was asked to remove the defect on which the applicant refiled the proper O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -3- complaint/application on 26.05.2023 which has been registered as O.A. No. 408/2023.
2. The applicant has raised grievances about grant of permission by the officers of the Indian Oil Corporation and grant of NOC by the officers of the District Administration, Yamuna Nagar, Haryana for establishment of petrol pump in the premises of Hindu Girls College and School, Jagadhri, District Yamuna Nagar by ignoring the byelaws, rules and regulations and safety of the children with the prayer for directing cancellation of the NOC.
3. The relevant part of the application enumerating grievances of the applicant is reproduced as under:-
"Subject:- Complaint against the officers who were negligent in issuing petrol pump of Indian Oil Corporation by ignoring the byelaws, rule and regulation and safety of the children in the premises of Hindu Girls College and Hindu Girls School, Jagadhri, District Yamuna Nagar and complaint against the officials of District Administration Yamuna Nagar (Haryana) for illegally issuing the NOC for petrol pump of the aforesaid premises and cancelled the NOC or passed stay orders against the said NOC.
X X X
1. That the applicant Harvinder Singh S/o Shri Sardar Govind Singh, Resident of House No. C 2/1854, Budia Gate, Jagadhri, District Yamuna Nagar, Haryana and am a law abiding and peace loving person. I am a social worker and RTI Activist.
2. That the Indian Oil Corporation has issued letter no. 45154037444376 dated 01.02.2020 regarding the release of a petrol pump to Mr. Pushpesh, at the above mentioned place (in the premises of Hindu Girls College Jagadhri). In which NGT rules have been flouted. Even the local administration has issued No Objection Certificates illegally, without keeping the safety of girl students of Hindu Girls College and School. There will be no justification either.
The National Green Tribunal (NGT) has also issued guideline for setting up a Petrol/fuel pump vide OA No. 86/2019 dated 18-01-2019 which are as follow:-
In case of sitting criteria for petrol pumps new Retail Outlets shall not be located O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -4- within a radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from Schools, Hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 metres distance, the retail outlet shall implement additional safety measures as prescribed by PESO . In no case the distance between new Retail outlet from schools, hospital (10 beds and above) and residential area designated as per local la ws shall be less than 30 metres. No high tension line shall be pass over the retail outlet.
Central Pollution Control Board (CPCB) has recently issued guideline s to establish petrol pumps . These instructions have been issued because of the poor impact of petrol pumps on the environment. The Central Pollution Control Board has issued new guidelines keeping in view the directives of the National Green Tribunal.
According to these guidelines any petrol pump cannot be established in 50 metres radius of a school, hospital or residential area. CPCB also asked the concern authorities to issue challan if violations of rules are found.
But in the present case, the Hindu Girls College and School Management and Pushpesh have not complied with the NGT guidelines and CPCB guidelines . The distance between petrol pump and college is only 5-10 meters as the land (where petrol pump setting up) is situated in the premises of college and beside the land for petrol pump there is auditorium of college which can hold 1500 students at a time. The hostel of the college is also situated adjacent to the land in question. It is worthwhile to mention here that if the petrol pump set up the life of the students is not safe.
That the applicant has also moved complaint bearing complaint No. MOEAF/E/2023/0001258 to CPCB on dated 22-05-2023 and the said complaint is still pending.
The applicant has also moved complaint bearing No. CMOFF/N/2023/044818dated 17-04- 2023 through CM Window and the complaint is still pending and no action has been taken so far. The management of the college and Pushpesh are highhanded persons and they have no respect of law as well as the guidelines of NGT and CPCB.
It is relevant to mention here that the loca l officials /administration are also illegally helping them and have not taken any action against the m.
It is relevant to mention here that the properties (moveable or immovable) of any O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -5- educational society be used for the welfare of children but in the present case the properties of the educational society are being used against the safety of the students.
It is therefore, respectfully prayed that please take some strict legal action against aforesaid persons and necessary legal action may kindly be taken against the erring officials who are misusing their power and post ad illegally helping the aforesaid persons, keeping in mind the safety of the general public as well as students (girls), so that no one can take such negligence in their duty and it is further prayed that please cancelled the NOC or passed stay orders against the said NOC ( which was issued by the District Administr ation Yamuna Nagar Haryana for the foresaid premises). It will be so kind of you.
Note:-All the relevant documents and
photographs are attached herewith for your
kind perusal."
4. Vide order dated 31.05.2023 this Tribunal impleaded the District Magistrate, Yamuna Nagar, Haryana; Hindu Girls College, Jagadhri, District Yamuna Nagar; Mr. Pushpesh Passi, House No. 931, Sec-17, HUDA Jagadhri, Yamuna Nagar, Haryana-135001 and Haryana State Pollution Control Board (HSPCB) as respondents no. 2 to 5 and ordered issuance of notices to respondents no. 1 to 5 requiring them to file their reply/response within two months.
5. By the above said order, this Tribunal also constituted a Joint Committee comprising of representatives of HSPCB and the District Magistrate, Yamuna Nagar and directed the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and file Factual and Action taken Report suggesting appropriate remedial action within two months.
6. In compliance thereof Team comprising of Sub-Divisional Magistrate, Jagadhri, Tehsildar, Jagadhri, Environmental Engineer, HSPCB, Jagadhri, O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -6- Halqa Kanungo, Jagadhri and Patwari, Jagadhri visited the site on 28.06.2023 in the presence of the applicant and the Project Proponent- Mr. Pushpesh Passi and submitted Joint Inspection Report dated 28.06.2023 to the District Magistrate, Yamuna Nagar. The relevant part of the Joint Inspection Report is reproduced as under:
"Spot inspection report of the proposed retail outlet in between Jagadhri Bus Stand to Aggarsain Chowk on NH, RD.+1.400 (RHS) of project proponent Sh. Pushpesh Passi at village/ Town Jagadhri, District Yamunanagar ( Haryana) X X X X Presently the said piece of land measuring 20 mts X 20 mts found lying vacant with having raised boundary wall only and having no machinery found available on the site.
Further there is an auditorium found available near to the back wall of the proposed retail fuel outlet in the premises of Hindu Girls College, Jagadhri which was not shown in the lay out plan/site plan submitted at the time of applying for NOC at various departments by the project proponent.
The distance of the auditorium situated in the college premises was measured on the spot by revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was found approx 11.3 meter, which is not fulfilling the criteria laid down by central pollution control board vide memorandum dated 07-01-2020 wherein the desired distance is 50 meters from fill point /dispensing units/vent pipe whichever is nearest from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters. The site photographs are enclosed herewith.
In view of position explained above it is found that the said retail fuel outlet is not meeting the required siting criteria distance as laid down by central pollution control board vide memorandum dated 07-01-2020 X X X X"
(emphasis added) O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -7-
7. In view of the Joint Inspection Report the District Magistrate, Yamuna Nagar cancelled NOC number 45/PLA dated 15.05.2023 vide letter no. 253/PLA dated 30.06.2023 and filed Action Taken Report vide letter no. 254/PLA dated 30.06.2023. The relevant part of letter no. 254/PLA dated 30.06.2023 reads as under:-
"विषयः Joint Inspection Report in the matter of complaint No. 408/2023, Harvinder Singh Vs. State of Haryana and others.
विषयाधीन मामले में आपकी सेिा में सादर सूवित वकया जाता है वक Application No. 408/2023 में वदनाांक 31.05.2023 का आप द्वारा पाररत आदे शानुसार सां युक्त सवमवत की मौका वनरीक्षण ररपोर्ट प्राप्त की गई, वजसमें स्पष्ट तौर पर वलखा गया है वक The distance of the auditorium situated in the college premises was measured on the spot by revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was found approx 11.3 meter, In view of position explained above it is found that the said retail fuel outlet is not meeting the required siting criteria distance as laid down by central pollution control board vide memorandum dated 07-01-2020. जबवक इस कायाटलय द्वारा जारी वकये गए अन्नापवत प्रमाण पत्र के वबन्दु नां0 2 में वलखा गया था वक In compliance of Hon'ble NGT order dated January 18, 2019 in OA No. 86/2019 the guidelines issued by the Central Pollution Control Board, Delhi vide letter No. B- 13011/1/2019- 20/AQM/10809 dated January 07, 2020 if the said company/owner of the retail outlet failed to comply the said guidelines the NOC would be revoked automatically without prior information.
अतः सांयुक्त सवमवत की ररपोर्ट वदनाांक 28.06.2023 जो वक उपमण्डलाधीश जगाधरी के कायाटलय के पत्र क्रमाांक 842/ए०एल०सी० वदनाांक 28.06.2023 के माध्यम से प्राप्त हुई है, के मध्यनजर Under Property ID-131C4U3 (PPID WITH EQUAL LENGH J 131 C0004U00003A गाां ि / शहर- जगाधरी, वजला यमुनानगर (हररयाणा) में IOCL कम्पनी नया ररर्े ल आउर्लेर् लगाने के वलये इस कायाटलय के पत्र कमाांक 45/पी०एल०ए० वदनाांक 15.05.2023 के माध्यम से जारी वकया गया अन्नापवत प्रमाण पत्र को वनरस्त कर वदया गया है, वजसकी प्रवत सांलग्न है।"
8. The District Magistrate, Yamuna Nagar enclosed copy of letter no. 253/PLA dated 30.06.2023 with letter no. 254/PLA dated 30.06.2023. The relevant part of letter no. 253/PLA dated 30.06.2023 reads as under:-
"विषयः - इस कायाालय के पत्र क्रमाांक 45/पी०एल०ए० विनाांक 15.05.2023 द्वारा जारी की गई एन.ओ.सी वनरस्त करने बारे ।
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -8- आपको सूवित वकया जाता है वक आपको इस कायाटलय के पत्र कमाांक 45/पी०एल०ए० वदनाांक 15.05.2023 द्वारा Under Property ID-131C4U3(PPID WITH EQUAL LENGH J 131 C0004U00003A गाांि / शहर- जगाधरी, वजला यमुनानगर (हररयाणा) में IOCL कम्पनी नया ररर्े ल आउर्लेर् लगाने के वलये अन्नापवत प्रमाण पत्र जारी वकया गया था।
इस बारे Application No. 408/2023 में माननीय नैशनल ग्रीन वर्ि ब्यूनल (NGT) के द्वारा वदनाांक 31.05.2023 को पाररत आदे शोां की पालना में सांयुक्त सवमवत की मौका वनरीक्षण ररपोर्ट प्राप्त की गई, वजसमें स्पष्ट तौर पर वलखा गया है वक The distance of the auditorium situated in the college premises was measured on the spot by revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was found approx 11.3 meter, In view of position explained above it is found that the said retail fuel outlet is not meeting the required siting criteria distance as laid down by central pollution control board vide memorandum dated 07-01-2020. जबवक इस कायाटलय द्वारा जारी वकये गए अन्नापवत प्रमाण पत्र के वबन्दु नां0 2 में वलखा गया था वक In compliance of Hon'ble NGT order dated January 18, 2019 in OA No. 86/2019 the guidelines issued by the Central Pollution Control Board, Delhi vide letter No. B-13011/1/2019- 20/AQM/10809 dated January 07, 2020 if the said company/owner of the retail outlet failed to comply the said guidelines the NOC would be revoked automatically without prior information.
अतः सांयुक्त सवमवत की ररपोर्ट वदनाांक 28.06.2023 जो वक उपमण्डलाधीश जगाधरी के कायाटलय के पत्र कमाांक 842/ए०एल०सी० वदनाांक 28.06.2023 के माध्यम से प्राप्त हुई है, के मध्यनजर Under Property ID-131C4U3(PPID WITH EQUAL LENGH J 131 C0004U00003A गाांि/शहर- जगाधरी, वजला यमुनानगर (हररयाणा) में IOCL कम्पनी नया ररर्े ल आउर्लेर् लगाने के वलये इस कायाटलय के पत्र क्रमाांक 45/पी०एल०ए० वदनाांक 15.05.2023 के द्वारा जारी वकया गया अन्नापवत प्रमाण पत्र को तुरन्त प्रभाि से वनरस्त वकया जाता है।"
9. Respondent no. 4-Mr. Pushpesh Passi (Project Proponent) challenged order dated 30.06.2023 passed by the District Magistrate, Yamuna Nagar by filing CWP No. 15708/2023 titled as Pushpesh Passi Vs. State of Haryana & Ors. before Hon'ble Punjab and Haryana High Court which was allowed vide order dated 25.07.2023 whereby order dated 30.06.2023 passed by the District Magistrate, Yamuna Nagar was set aside. The relevant part of the order reads as under:-
"1. The petitioner through instant petition under Articles 226/227 of Constitution of India is seeking setting aside of order dated 30.06.2023 (Annexure P-7) whereby District Magistrate has cancelled NOC granted to establish a petrol pump.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -9-
2. The brief facts of the case are that petitioner pursuant to advertisement issued by respondent No.4 applied for retail outlet. The respondent No.4-IOC issued LOI on 04.07.2020. The respondent No.4- IOC applied for NOC in terms of Rule 144 of Petroleum Rules, 2012. The District Magistrate issued NOC on 15.05.2023 after getting clearance from different authorities. The respondents vide impugned order dated 30.06.2023 has cancelled NOC.
3. Mr. Robin Dutt, Advocate inter alia contends that the petitioner has already spent more than Rs.50 lakhs on the development of site and civil work. The respondent has cancelled NOC in a mechanical and whimsical manner. The petitioner as well as respondent No.4 were neither issued show cause notice nor granted opportunity of personal hearing. The act of respondents amounts to gross violation of principal of natural justice. He further submits that this Court in identical situation in the case of "Hindustan Petroleum Corporation Limited vs. District Magistrate, Ferozepur" CWP No.12070 of 2019 vide order dated 19.07.2023 has quashed order of cancellation of NOC on the ground that neither show cause notice was issued nor opportunity of hearing was granted.
4. Mr. Sharma, on being confronted with aforesaid order of this Court as well as order dated 19.07.2023 passed by this Court in CWP No.12963-2023 expressed his inability to controvert the applicability of these judgment to present case.
5. The relevant extracts of the order dated 19.07.2023 passed in CWP No.12070 of 2019 read as :
9. On being asked, learned State counsel failed to produce copy of show cause notice which preceded the impugned order. From the perusal of impugned order, it comes out that it has been passed in a mechanical manner. Neither show cause notice has been issued nor opportunity of hearing has been granted. Impugned order itself is non-speaking. It is settled proposition of law that every order which entails civil or criminal consequences is bound to be passed after compliance of principles of natural justice and it should be a reasoned order.
10. The respondent has passed impugned order without issuing show cause notice as well granting opportunity of personal hearing. In the absence of show cause notice followed by opportunity of personal hearing, the impugned order can not be sustainable.
11. The petition deserves to be allowed and accordingly allowed. The impugned order dated 28.01.2019 (Annexure P-10) is hereby set aside.
5. The case of the petitioner is squarely covered by aforesaid order, thus, the present petition deserves to be allowed and accordingly allowed. The impugned order dated 30.06.2023 (Annexure P-7) is hereby set aside."
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -10-
10. Pursuant to notice respondent no.3- Hindu Girls College, Jagadhari, District Yamuna Nagar filed reply vide email dated 28.07.2023. The relevant part of the reply is reproduced as under:
"Sub:-Reply to notice in Application No.408/2023 (Harvinder Singh...Applicant Vs. State of Haryana & Ors...) X X X Refer to notice mentioned cited above. In this regard it is submitted:
1. That Hindu Girls College, Jagadhri or the management has not applied for any petrol pump nor taken any NOC from anywhere.
2. That Sh. Pushpesh r/o H. No.921, Sector - 17, HUDA, Jagadhri has taken the farthest, vacant, non-useable land of the college on lease for installation of petrol pump.
3. That it is revenue generating attempt for sole utilization for the welfare of the girl students of our college and the area is far from the class rooms, playground and mess.
4. That the building called auditorium and the girl's hostel is vacant. No student is residing in the hostel building for the last 08 years."
11. In response thereto the applicant sent email dated 30.11.2023 submitting that the averments made by College Management regarding the auditorium and the hostel being vacant and no student residing in the hostel for the last eight years are false and that a convocation function/annual function was celebrated in the auditorium a few days ago.
12. Respondent no.4-Project Proponent filed reply vide email dated 07.08.2023. The relevant part of the reply reads as under:
"Reply on behalf of respondent no.4 Pushpesh
1. That answering respondent arrayed as an respondent no.4 in the abovesaid Original Application with the ulterior motive and with the malafide intention just to harass the answering respondent and to stop the smooth working of granting the LOI for the outlet issued by Indian Oil Corporation Ltd., hereinafter called (IOCL.).
2. That the application is not maintainable in the present form and applicant very smartly twisted the fact and tried to O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -11- mislead this Hon'ble Tribunal by giving the wrong facts to the effect that the present outlet is near the school and there is violation of guidelines , which was framed by Central Pollution Board, while complying with the order in OA No.2056 of 2019 .
3. That the true facts of the case are that :-
(i) IOCL on 24.11.2018 through an Advertisement called for Retail Outlet and issued the broucher and answering respondent applied for and after the visit of the officials of IOCL, the place which was chosen for the outlet was passed by Land Evaluation Committee of IOCL and issued the LOI and directed the answering respondent to start the development of the place where the outlet is to be installed and as per the directions answering respondent started the development as answering respondent came to know that IOCL has applied for No Objection Certificate for storing the Diesal & Petrol from the concerned departments.
(ii) That District Magistrate cum Collector i.e. respondent no.2 called the No Objection from various departments that are Municipal Corporation, Forest Department, Pollution Department, National Highway Authority, Fire Department, Labour Department, Industry Department, Electricity Board, S.D.O.(Civil), Town & Country Planning & Police Department etc. and after obtaining the NOCs, respondent no.2 on dated 15.5.2023 issued the No Objection Certificate, which is annexed as Annexure R4/1 before this Hon'ble Tribunal. They suggest that enquiry has throughly been conducted since 2020 to till 2023 and then NOC was issued.
(iii) That applicant with ulterior motive and just to harass the answering respondent filed the present application, while twisting the facts submitted that NOC was issued while ignoring the by laws and rules and regulations and safety of the children in the premises of Hindu Girls College & Hindu Girls School Jagadhri, Yamuna Nagar, whereas the facts are otherwise. It is humbly submitted before this Hon'ble Tribunal that there is long process of issuing NOC as District Magistrate cum Collector issue the directions to various departments and all the departments to whom the directions were issued inquire the matter at spot and prepare that spot report and thereafter submit the report before the District Magistrate as answering respondent is annexing one of the example before this Hon'ble Tribunal as Annexure 4/2 , the report submitted by S.D.O.(Civil).
(iv) That it is not out of place to mention here that while complying with the order passed by this Hon'ble Tribunal in O.A. No.86 of 2019 Central pollution Board framed the policy after taking the Expert Committee Opinion for the installation of the new petrol pumps and in their guidelines it was specifically mentioned at point "h" that the siting critera of O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -12- Retail Outlet not to be located within radial distance of 50 meters (from all points/ dispening unit/vent pipe, whoever is nearest) from school, hospital ( 10 bed and above) . It is humbly submitted before this Hon'ble Tribunal that expert committee while framing the guidelines , which were in their mind expressed in the words specifically mentioned the school and the hospital and in the brackets it was very much clear that the hospital means 10 bed and above., hence expert committee can express while mentioning school only, but neither the educational institution nor the college is mentioned meaning thereby that after perusing the guidelines issued by the Central Pollution Board it is very much clear that answering respondent can install the petrol pump near the college. The guidelines issued by Central Pollution Board is annexed as Annexure 4/3 before this Hon'ble Tribunal.
(v) That there is difference in between the definition of school and college in Haryana. The Haryana School Education Act 1995,(hereinafter called Haryana Education Act 1995 ). Section 2(r) are defined the school as :-
"r. "School includes a primary, middle, high or senior secondary school and also includes any other institution which imparts education or training below degree level, but does not include an institution, which imparts technical education:"
Hence, after perusing the definition defined in the Act 1995, it is very much clear that college is different from the school as University Grant Commission Act 1956 define the college in chapter 3 section 12(a)(i)(b) as "" College" means any institution whether known as such such or by any other name, which provides for a course of study for obtaining any qualification from a University and which, in accordance with rules and regulations of such university, is recognized as competent to provide for such course of study and present students under going such course of study for the examination for the award of such qualification:". Hence, after perusing the abovesaid provisions in the Act, it is very much clear that school and college is different from each other.
(vi) That the present application is misconceived and not sustainable in the eye of law as NOC issued by respondent no.2 on 15.5.2023 is well within the frame work of law and after thorough inspection and enquiry. That this Hon'ble Tribunal was pleased to pass the interim order on dated 31.5.2023 and directed the State of Haryana to frame a Joint Committee to verify the f actual position. The Joint Committee was framed and Joint Committee af ter visting the spot measured the distance from the vent pipe to the college auditorium hence the committee, which was constituted O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -13- vide the order dated 31.5.2023 by this Hon'ble Tribunal also did not find that the school is situated nearby vent pipe or premises of petrol pump, but respondent no.2 in very hurry and arbitrary passed the order and cancelled all NOCs. On 30.6.2023 without calling the answering respondent to explain his case, hence, remain with no option answering respondent challenged the illegal action of respondent no.2 before Hon'ble High Court for the States of Punjab & Haryana at Chandigarh. While filing CWP , which was numbered as 15708 of 2023 titled as Pushpesh Passi Vs State of Haryana & Others and Hon'ble High Court was pleased to set aside the illegal order passed by respondent no.2. The order is annexed as Annexure 4/4 before this Hon'ble Tribunal.
(viii) That the present application is filed with ulterior motive and malafide intention just to stop the smooth working. Applicant is very much aware of the fact that almost 90% of the work have already been completed and answering respondent has spent more than 50 Lacs Rupees to develop the site, which clear cut prove that the LOI was issued in year 2020 and the NOc was issued on 15.5.2023 and applicant was very much aware with the fact that LOI has already been issued as applicant is local resident of Jagadhri and projected himself to be RTI activist, but he chose to kept mum upto 2020, which clear cut suggest the malafide intention of the applicant, hence, the present application deserves to be dismissed on this sole ground. ON MERITS :-
1. That contents of the para no.1 of the application are denied for want of knowledge. The applicant be put to strict proof of the averments made in the para.
2. That contents of the para no.2 of the application are admitted to the extent that IOCL has issued the letter to answering respondent. It is wrong to suggest that the NGT Rules have been floated. It is further wrong hence denied that Administration has issued NOC illegally. It is humbly submitted before this Hon'ble Tribunal that LOI was issued in the year 2020 and IOCL applied for NOC, which was issued after 3 years after thorough inspection and enquiry hence it is wrong and vehemently denied that NOC was issued without keeping the safety of girls students of Hindu Girls College. It is further wrong and hence denied that there is any school situated where the site for retail outlet is developed. The fact mentioned in next paragraphs, regarding issuance of guidelines by this Hon'ble Tribunal are matter of record, hence admitted, whereas after perusing the Bold words it is very much clear that outlet cannot be installed near the school, but it is no where mentioned that it cannot be installed near the college or educational institution.
Regarding the interpretation given in the para it is humbly submitted before this Hon'ble Tribunal that applicant cannot interpret in his own words regarding the O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -14- guidelines issued by Central Pollution Control Board. It is further wrong and hence denied that answering respondent have not complied with NGT guidelines and CPCB guidelines. It is further submitted before this Hon'ble Tribunal that the applicant very smartly twisting the facts and tried to mislead this Hon'ble Tribunal by inter mingling the school and college. As far as moving of complaint by the applicant before the CPCB & CM Window, the same is denied for want of knowledge.
It is further wrong and hence denied that the answering respondent has no respect for the law or guidelines issued by NGT and CPCB as alleged.
It is further wrong and hence denied that Local Administration illegally helping the answering respondent.
13. Vide order dated 17.08.2023 this Tribunal directed the District Magistrate, Yamuna Nagar to report as to whether as per terms and conditions of the allotment/lease, the installation of petrol pump within the campus of school/college is permissible or not and whether the installation of petrol pump in the campus violates the basic principles of establishment of Educational Institution. This Tribunal also directed the District Magistrate, Yamuna Nagar to proceed further in accordance with law and after providing an opportunity of hearing, dispose of the application in the light of CPCB Guidelines and to file further action taken report within three weeks. This Tribunal also directed that till decision is taken by the District Magistrate, the NOC shall be kept in abeyance.
14. In compliance of order dated 17.08.2023 the District Magistrate, Yamuna Nagar constituted a Committee comprising of Additional District Magistrate, Yamuna Nagar, Sub-Divisional Officer, Jagadhri, Regional Officer, HSPCB, Yamuna Nagar and District Higher Education Officer, Yamuna Nagar which submitted its report dated 06.10.2023 vide letter no. 1255 dated 10.10.2023 to the District Magistrate, Yamuna Nagar. The relevant part of the report dated 06.10.2023 reads as under:-
"Detailed inspection report in compliance of orders issued by District Magistrate vide letter no. 462 dated 22.09.2023.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -15- The site of the proposed retail fuel outlet in between Jagadhri Bus Stand to Aggarsain Chowk which is mentioned in the complaint filed before Hon'ble NGT New Delhi vide OA No. 408 of 2023 tilled as Harvinder Singh Vs. State of Haryana and Others was visited on dated 22-09-2023 by the team comprising of following officers:-
1. Additional Deputy Commissioner, Yamuna Nagar.
2. Sub Divisional Magistrate, Jagadhri.
3. Regional Officer, HSPCB, Yamuna Nagar.
4. District Higher Education Officer, Yamuna Nagar.
Point wise reply of points as asked by District Magistrate, Yamuna Nagar vide letter no. 462 dated 22.09.2023 is as below:-
Observation 1. संयुक्त समिमि की रिपोर्ट मिन ंक 28.06.2023 जो मक उपिंडल धीश जग धिी के क य टलय के पत्र क्रि ंक 842 / ए०एल०सी० मिन ंक 28.06.2023 के ि ध्यि से प्र प्त हुई थी की पुन: ज ंच की ज ये व् रिपोर्ट किें मक केन्द्रीय प्रिू षण मनयंत्रण बोडट के पत्र मिन ंक 07.01.2020 (प्रमि संलग्न) ए मबंिु H िें वमणटि मिश -मनिे शों के अनुस ि शिट पूणट किि है अथव नही?ं Reply Point 1:- The distance of the auditorium situated in the college premises was measured on the spot by revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was again found approx
11.3 meter, which is not fulfilling the criteria laid down by Central Pollution Control Board vide memorandum dated 07-01- 2020 (Point-H) wherein the desired distance is 50 meters from fill point /dispensing units/vent pipe whichever is nearest from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters.
In view of position explained above, it is found that the said retail fuel outlet is not meeting the required siting criteria distance as laid down by central pollution control board vide memorandum dated 07-01-2020. Observation 2. शैक्षमनक संस्थ के द्व ि मिये गए पट्ट की शिों के अनुस ि क्य स्कूल / क लेज परिसि िें पेर्रोल पंप स्थ मपि मकय ज सकि है अथव नही?ं Reply Point 2:- Principal of Hindu Girls College, Jagadhri has submitted sale purchase documents vide their letter dated 05.10.2023 and as per the conditions of sale deed there is no objection in setting up of Petrol Pump on the said land (copy of letter dated 05.10.2023 and copy of lease agreement is attached herewith). However petrol pump cannot be established on this land as it violates Point No.-H of CPCB memorandum dated 07.01.2020. O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -16- Observation 3. प्र थी द्व ि प्रस्तुि मकये गए िस्त वेज िें University Grant Commission Act, 1956 (College definition) Haryana School Education Act 1995 (School definition) व Hindu Girl College Law bye laws के ब िे भी स्थस्थमि स्पष्ट किें । Reply Point 3:- As per the criteria laid down by Central Pollution Control Board vide memorandum dated 07-01-2020 (in Point-H) it is mentioned that "In case of siting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50 meters (from fill point/ dispensing units/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters No high tension line shall pass over the retail outlet". Therefore, the Applicant has submitted documents of University Grant Commission Act, 1956(College definition), Haryana School Education Act 1995 (School definition) and Hindu Girl College Law bye laws for clarifying the definition of school and college and pleading that Hindu Girls College is a college and not a school and thus they are not covered under point no. H of Central Pollution Control Board vide memorandum dated 07-01- 2020.
Whereas the installation of petrol pump near college violates the (Point-H) as both school & college are educational institutes and installation of petrol pump near Educational Institute violates Point-H of CPCB notification dated 07.01.2020."
(Emphasis added)
15. On receipt of the report the District Magistrate, Yamuna Nagar, vide letter no. 574/PLA dated 20.11.2023, granted opportunity of personal hearing to respondent no. 4- Pushpesh Passi who made written statement before the District Magistrate, Yamuna Nagar. The relevant part of written statement made by respondent no. 4- Pushpesh Passi before the District Magistrate, Yamuna Nagar is reproduced as under:-
"स्कूल व 10 बेड या 10 बेड से अधिक के अस्पताल में समाज के 18 वर्ष से कम आयु के बच्चे जो कक ककसी आपदा के समय खुद से बचाव के धिर्षय लेिे में सक्षम िहीीं होते और अस्पताल में भती मरीज भी आपदा में स्वींय वहाीं से बाहर िहीीं आ सकते। हमारी दृष्टि में कािूि में इस तब्के की सुरक्षा को अहधमयत दी गई है । जहाीं तक कॉलेज की बात है या किर ककसी O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -17- भी कायाषलय जहाीं पर व्यस्क लोग काम करते है , वहाीं के लोग आपदा के समय अपिी सुरक्षा स्वींय कर सकते है । ऐसे में Educational Institute का हवाला दे ते हुए स्कूल और कॉलेज को एक दृष्टि से िहीीं दे खा जािा चाकहए। माि लीजजए कल को कोई प्राईवेट कोंधचग सेंटर शुरू हो जाता है तो क्या हम उसे भी Educational Institute की श्रेर्ी में शाधमल कर देंग,े यह बात ष्टवचार योग्य है । उपरोक्त तथ्यों को मध्यिजर रखते हुए मेरी जमीि CPCB Act के अिुसार धििाषररत मािकों का अिुसरर् करती है । अतः मेरे पैट्रोल पींप के अन्िापधत प्रमार् पत्र को रद्द ि ककया जाए।"
16. Thereupon, the District Magistrate, Yamuna Nagar sought opinion from the District Attorney, Yamuna Nagar who, vide letter no. 4173/DAY/2023 dated 30.11.2023, opined that the word "Schools" is mentioned whereas the word "Colleges" is not mentioned in the guidelines and it would be appropriate to seek the clarification from the CPCB regarding inclusion of colleges in the word "schools" as mentioned in the guidelines dated 07.01.2020 issued by the CPCB as there was no clear guidelines, notifications and instructions regarding inclusion/exclusion of the 'colleges" in the word "Schools" for the said purpose".
17. In view of the opinion given by the District Attorney, Yamuna Nagar, the District Magistrate, Yamuna Nagar sought clarification from CPCB and made written request to this Tribunal for permitting filing of reply by him thereafter.
18. Vide order dated 20.12.2023 this Tribunal impleaded CPCB as respondent no.6 requiring it to file its reply/response within one month.
19. In compliance thereof reply has been filed by respondent no. 6-CPCB vide email dated 02.02.2024. The relevant part of the reply is reproduced as under:
"REPLY ON BEHALF OF RESPONDENT NO. 6 i.e. CENTRAL POLLUTION CONTROL BOARD (CPCB) X X X REPLY ON MERIT:-
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -18-
1. It is humbly submitted that the issue of setting up of large number of petrol pumps without any environmental concern was considered by the Hon'ble NGT in OA No. 86 of 2019 titled as Gyanprakash @ Pappu Singh vs UoI & Others. Thereby, Hon'ble NGT directed the Ministry of Petroleum and Natural Gas and CPCB to review the matter and issue appropriate guidelines. Accordingly, the guidelines for settting up of new petrol pumps were framed under the guidance of the Expert Committee comprising of officials from MoPNG, NEERI, IIT-Kanpur, IIP- Dehradun, TERI & CPCB and were subsequently circulated on 07-01-2020 to concerned stakeholders for implementation. The copy of guiudelines is annexed herewith as ANNEXURE-A.
2. It is humbly submitted that the Expert Committee while framing the guidelines, had discussed the applicability of the siting criteria, and it was decided that siting criteria should be applied for sensitive locations. Subsequently, Expert Committee in its meeting held on 01.01.2019, decided that siting criteria may be prescribed only w.r.t. schools and hospitals (10 beds and above), considering these as sensitive locations. The copy of minutes of Expert Committee meeting held on 5.4.2019 and 01.10.2019 are annexed herewith as ANNEXURE-B.
3. That the issue of prescribing siting criteria w.r.t certain locations/buildings have already been deliberated by the expert committee and colleges have not been included considering schools and hospitals (10 beds and above), as sensitive locations.
4. That in response to letter dated 29-11-2023 of DM, Yamuna Nagar, Haryana, seeking clarification from CPCB whether college is exempted from prescribed criteria, CPCB vide letter dated 18-12-2023 had provided its response to DM, Yamuna Nagar, informing that CPCB Guidelines dated 07-01-2020 for setting up of new petrol pumps prescribe siting criteria w.r,.t. schools, hospitals ( 10 beds and above) and residential areas designated as per local laws.
5. That CPCB humbly submits that this Hon'ble Tribunal may pass any order as may deem fit and proper in the facts and circumstances of the matter. Additionally, it is also submitted that CPCB will comply with all the orders and directions of the Hon'ble Tribunal passed in the instant OA, in the interest of justice."
20. Arguments were heard and order was reserved but while going through the material on record this Tribunal considered impleadment of the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat to be essential for just and proper adjudication of the questions involved in the case and production of the original record pertaining to grant of NOC by the O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -19- District Magistrate, Yamuna Nagar with photostat copy thereof to be essential for considering the aspect of suppression of/misrepresentation of material facts by the Project Proponent for grant of NOC and effect thereof.
21. Accordingly, vide order dated 20.08.2024 this Tribunal relisted the case for further hearing and impleaded the Deputy General Manager (Retail Sales), Panipat Divisional Office, Indian Oil Corporation Ltd. as respondent no.7 requiring him to file his reply/response at least one week before the next date of hearing and directed the District Magistrate, Yamuna Nagar to arrange production of the entire original record pertaining to grant of impugned NOC to the Deputy General Manager (Retail Sales) IOCL Panipat Divisional Office, Panipat with photostat copy thereof on the next date of hearing. The relevant part of order dated 20.08.2024 reads as under:-
"12. Arguments were heard and order was reserved but while going through the material on record we have observed that in the present case the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat submitted application no. PDO/RO/Jagadhri dated 11.07.2020 for storage of petroleum products in the premises under property ID-131C4U3 (PPID WITH EQUAL LENGH J 131 C0004U0003A,Village/Town Jagadhri District Yamuna Nagar, Haryana. In view of reports submitted by the concerned officers/departments, NOC no. 45/PLA dated 15.05.2023 was granted by the District Magistrate, Yamuna Nagar to the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat. In view of Joint Inspection Report dated 28.06.2023 as to proposed retail outlet being violative of CPCB Guidelines, the District Magistrate, Yamuna Nagar cancelled NOC no. 45/PLA dated 15.05.2023 vide letter no. 253/PLA dated 30.06.2023 sent to the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat. It may also be added here that respondent no.4 filed CWP No. 15708/2023 titled as Pushpesh Passi Vs. State of Haryana & Ors. challenging order dated 30.06.2023 before Hon'ble Punjab and Haryana High Court on the ground that the same was passed without grant of opportunity of being heard to respondent no.4 and the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat although in his reply filed before this Tribunal respondent no. 4 did not take any plea as to non-joinder of the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat. In view of the O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -20- above discussed facts and circumstances, presence of the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat is necessary and due to being necessary party impleadment of the Deputy General Manager (Retail Sales), IOCL Panipat Divisional Office, Panipat is essential for just and proper adjudication of the questions involved in the case.
13. Further, it may be observed here that Tehsildar Jagadhri sent report vide memo No.100/OK dated 17.04.2023 to Sub Divisional Officer, Jagadhri that the proposed site falls in Abadi-deh; as per registered lease deed no. 1655 dated 02.06.2021 Mr. Pushpesh son of Mr. Amar Nath is in procession as lessee;. Hindu Girls College is about 100 meter far from the proposed site and there is no public site nearby; and no school, hospital and residential house came within 100 meters. In Joint Inspection Report dated 28.06.2023 it has been mentioned that there is an auditorium in the premises of Hindu Girls College, Jagadhri approx 11.3 meter from proposed retail fuel outlet which was not shown in the lay out plan/site plan submitted at the time of applying for NOC by the Project Proponent. Copies of the application submitted for grant of NOC and documents enclosed with the same have not been filed before this Tribunal. We consider production of the original record pertaining to grant of NOC by the District Magistrate, Yamuna Nagar with photo stat copy thereof to be essential for considering the aspect of suppression of/misrepresentation of material facts by the Project Proponent for grant of NOC and effect thereof.
14. In view of the above, the case is re-listed for further hearing.
15. The Deputy General Manager (Retail Sales), Panipat Divisional Office, Indian Oil Corporation Ltd., Village Bohli, P.O. Panipat Refinery, District Panipat, Haryana is impleaded as respondent no.7. The Registry is directed to amend the memo of parties and issue notice to respondent no.7 requiring him to file his reply/response at least one week before the next date of hearing hereby fixed.
16. The District Magistrate, Yamuna Nagar is directed to arrange production of the entire original record pertaining to grant of impugned NOC to the Deputy General Manager (Retail Sales) IOCL Panipat Divisional Office, Panipat with photo stat copy thereof on the next date of hearing hereby fixed.
22. In compliance thereof respondent no. 2-District Magistrate, Yamuna Nagar produced the original record and submitted Photostat copy of the same. Original record was seen and returned and the Photostat copy was taken on record.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -21-
23. Reply was filed by respondent No. 7-IOCL, Panipat vide email dated 23.09.2024. The relevant part of the reply filed by respondent No. 7-IOCL, Panipat vide email dated 23.09.2024 is reproduced below:-
"REPLY ON BEHALF OF THE RESPONDENT NO.7. THE INDIAN OIL CORPORATION LIMITED, (IOCL) X X X A. That the Respondent No.7 herein. respectfully submits that the allegations raised by the Applicant regarding the alleged improper issuance of NOC for the establishment of a retail outlet near Hindu Girl College Jagadhri, District Yamuna Nagar. are without any basis or merit. Respondent No 7 has adhered to all applicable laws, rules, regulations and guidelines including the Central Pollution Control Board (CPCB), in seeking and obtaining the NOC.
PRELIMARY SUBMISSIONS B. That the present Original Application (hereinafter referred as OA) was registered vide O.A.408/2023 before the Hon'ble NGT, PB, New Delhi .On 31.05.2023, the Applicant filed a complaint before this Hon'ble Tribunal. alleging that the NOC was granted on 15.05.2023, vide NOC no. 45/PLA for the proposed retail outlet at the location Between Jagadhri bus stand to Agrasen Chowk on NH, RD +1.400 (RHS) at Village/Town Jagadhri, District Yamuna Nagar, Haryana was in violation of by-laws. endangering the safety of children at the nearby Hindu Girl College and School. Copy of NOC granted is marked herewith as Annexure R7/1. On 30.06.2023, the District Magistrate, cancelled the NOC ( Copy of NOC cancelled is marked herewith as Annexure R7/2), prompting Respondent No. 4 to challenge the cancellation before the Punjab and Haryana High Court. The Hon'ble High Court in its order dated 25.07.2023, set aside the cancellation and restored the NOC.
C. That the Hon'ble Tribunal directed the District Magistrate to follow due process and CPCB guidelines while keeping the NOC in abeyance until further clarification was received. That the Hon'ble Tribunal also directed the impleadment of CPCB and sought clarification in regard to the fact whether colleges are included in the guidelines dated 07.01.2020.
The CPCB vide its reply clarified that that its siting criteria for sensitive locations applied only to schools and hospitals (with more then 10 beds) and not to colleges.
D. That it is humbly submitted that on 20.08.2024, this Hon'ble Tribunal raised concerns regarding the presence of an auditorium within 11.3 meters of the proposed retail outlet, which was not shown in the original layout plan submitted by IOCL. The Tribunal further directed the production of the O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -22- original records related to the grant of NOC and also impleaded the Deputy General Manager (Retail Sales), Panipat, as Respondent No. 7.
E. That in response to the Hon'ble Tribunal's order dated 20.08.2024, it is relevant to mention that application for NOC for the proposed Retail Outlet sites are always filed by the answering Respondent and in the instant case, the answering Respondent respectfully submit that there has been no suppression or misrepresentation of material facts done by answering Respondent while obtaining the NOC for the establishment of Retail Outlet. The initial drawing/layout (annexed herein as ANNEXURE R7/3) submitted to the District Magistrate, Yamuna Nagar, for the grant of the NOC clearly indicated the presence of "Hindu Girls College Land" around the Retail Outlet site. At the time of submission of application for NOC, the answering Respondent had no access to, nor knowledge of, the internal facilities of the college or their specific uses. As such, further detailed indications regarding the internal layout of the college were not included in the submission, as this information was not available to the answering Respondent.
F. Furthermore, the approved drawing/layout (annexed herein as ANNEXURE R7/4), which was prepared by an NHAI- approved consultant, fully complies with the relevant NHAI norms. This approved layout also explicitly identifies the presence of Hindu College, with the college's access point marked as "Hindu College Gate." Therefore, it is evident that there was no concealment of facts during the submission of the drawing/layout for obtaining the NOC, as all relevant information available to the answering Respondent was duly disclosed and inserted in the drawings while applying for NOC. We affirm that all actions were taken in compliance with the applicable regulations, and there was no intention of mislead or misrepresent facts.
G. That the complainant herein has failed to show locus standi in this matter, Hon'ble Supreme Court of India has in many cases indicated that person filing the complaint should exhibit his/her locus standi first in order to pray for cancellation of NOC, in this particular case complainant has no locus standi and complainant seems to be settling his personal score and eventually delaying setting of petrol pump which is of public use and public utility.
H. That it is relevant to place on record that CPCB guidelines dated 7.1.2020 clearly mentions that in case of constraints in providing 50 mtrs distance, the retail outlet shall implement additional safety as prescribed by PESO. In no case, the distance between new Retail Outlet from school, hospitals ( 10 beds and above) and residential area designed as per local laws shall be less than 30 mtrs. Based on the aforesaid guidelines, PESO has issued a circular bearing no C.VIII(3) 125/Circular/Petroleum dt 9.9.2024 whereby additional safety measures for setting up of new Retail Outlet within the radius of 30-50 mtrs of residential areas, school, hospitals (10 beds O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -23- and above) have been prescribed. Copy of PESO Circular bearing no C. VIII (3) 125/Circular/Petroleum dt 9.9.2024 is annexed as Annexure R7-5) In view of the above, it is very clear that the Retail Outlets can be established even within 30- 50 mtrs of radius of school, residential area and hospitals ( 10 beds & above) by taking additional safety measures as prescribed by PESO in line with CPCB circular. As such the proposed site in the instant case is meeting the norms and NOC granted by DM was in line with CPCB guidelines.
REPLY ON MERITS:
I. At the outset it is respectfully submitted that the Answering Respondent deny all contents as well as averments, questions of law raised, and grounds taken in the Application unless specifically admitted and reply all together in the following paragraphs.
2. That the contents of the para no. 1 of the application are denied for want of knowledge. The applicant be put to strict proof of the averments made in the para
3. That the content of para 2 is denied to extent to that answering Respondent has issued the letter to the Respondent NO 4 illegally without keeping safety of girl students of Hindu Girls College. It is humbly submitted that there has been no suppression or misrepresentation of material facts by the answering Respondent in the process of obtaining the NOC or otherwise. The initial drawing/layout, which was submitted to the District Magistrate, Yamuna Nagar, for the purpose of obtaining the NOC. clearly indicates the presence of "Hindu College Land" around the Retail Outlet site. The specific facilities within the college premises like auditorium are neither accessible nor known to the answering Respondent, and the purpose for which these facilities are used is also beyond the knowledge of the answering Respondent. As a result, no further detailed indications were made in the layout regarding the internal college facilities. Furthermore. it has been clarified by CPCB in its reply that colleges are not part of point H in the guidelines dated 07.01.2020. That the said guidelines only identifies Schools as sensitive locations and that term does not include colleges/college.
4. That it is respectfully submitted that the allegation suggesting that the NGT Rules have been violated is incorrect and is categorically denied. It is further denied that the Administration issued the N0C in an illegal manner. It is respectfully submitted that answering Respondent, vide letter no. PDO/R0/Jagadhari dated 11.07.2020, applied for the issuance of an NOC, enclosing the requisite layout for the proposed project clearly depicting, the existence of Hindu Girls College. After following all due processes, including the scrutiny and examination of the submitted documents and compliance with applicable regulations, the NOC was duly O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -24- granted on 15.05.2023. This issuance was done in accordance with all statutory requirements and guidelines in place at the time. Therefore, the contention that the N0C was issued without due regard to the safety of the students of Hindu Girls College is completely unfounded and vehemently denied. That it is relevant to place on record that CPCB guidelines dated 7.1.2020 clearly mentions that in case of constraints in providing 50 mtrs distance, the retail outlet shall implement additional safety as prescribed by PESO. In no case, the distance between new Retail Outlet from school, hospitals (10 beds and above) and residential area designed as per local laws shall be less than 30 mtrs. Based on the aforesaid guidelines, PESO has issued a circular bearing no C.VIII(3)125/Circular/Petroleum dt 9.9.2024 whereby additional safety measures for setting up of new Retail Outlet within the radius of 30-50 mtrs of residential areas, school, hospitals (10 beds and above) have been prescribed. In view of the above, it is very clear that the Retail Outlets can be established even within 30-50 mtrs of radius of school, residential area and hospitals (10 beds & above) by taking additional safety measures as prescribed by PESO in line with CPCB circular. As such the proposed site in the instant case is meeting the norms and NOC granted by DM was in line with CPCB guidelines. The issuance of guidelines by this Hon'ble Tribunal is a matter of record and is, therefore, admitted.
However, upon a careful reading of the relevant guidelines, it is clear that while the establishment of a retail outlet near a school is restricted, there is no such prohibition with regard to its proximity to a college or other educational institution.
5. That with regard to the averment related to this answering respondent, it is humbly submitted that respondent No. 6 vide CPCB office memorandum No. B-13011/1/2019- 20/AQM/0814, dated January 07, 2020, has issued guidelines for setting up of new petrol pumps in compliance with the Honourable National Green Tribunal (NGT) order dated January 18, 2019 in the matter of OA No. 86/2019. The guidelines issued are based on the specific directions to prepare appropriate guidelines; for setting up new petrol pumps in the country and the guidelines; are to be got implemented by the State Government/ State Pollution Control Board (hereinafter referred as SPCBs)/ Pollution Control Committee.
That it is relevant to place on record that in line with aforesaid guidelines of CPCB. PESO has issued a circular bearing no C.VIII(3)125/Circular/Petroleum dt 9.9.2024 whereby additional safety measures for setting up of new Retail Outlet within the radius of 30-50 mtrs of residential areas, school, hospitals (10 beds and above) have been prescribed. In view of the above, it is very clear that the Retail Outlets can be established even within 30-50 mtrs of radius of school, residential area and hospitals (10 beds & above) by taking additional safety measures as prescribed by PESO in line with CPCB circular. As such the proposed site in the instant case is meeting the norms and NOC granted by DM was in line with CPCB guidelines.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -25-
6. It is respectfully submitted that, the Hon'ble Supreme Court order dated 14.03.2023 in Civil Appeal No. 421 of 2022 (Indian Oil Corporation Limited V/s V.B.R Menon & Ors [2023 SCC On Line SC 257]) has clearly stated that the guidelines issued by CPCB vide its Office Memorandum dated 07.01.2020 are to be strictly adhered. In compliance to the order of the Hon'ble Supreme Court, CPCB has also issued an Office Memorandum dated 16,06.2023 (copy of Office memorandum dated 16.06.23 is annexed as Annexure R7-6) vide which it has been directed - hat all the SPCBs in the States and PCCs in the Union Territories are required to ensure that CPCB guidelines are strictly adhered to.
It is also submitted that the applicant has deliberately misrepresented the facts and attempted to mislead this Hon'ble Tribunal by conflating the distinctions between a school and a college.
7. Therefore, the establishment of the retail outlet near the Hindu Girls College is in full compliance with the applicable regulations, and any suggestion to the contrary is baseless and vehemently denied. That, it is further submitted that as per the CPCB guidelines, new petrol pumps/ Retail Outlets (hereinafter referred as ROs) shall not be located within a radial distance of 50 m (from fill point/ dispensing unit/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per the local laws. It is also mandated that in case of constraints in complying with 50 m distance criteria, the petrol pump/ RO shall implement additional safety measures as prescribed by the Petroleum Explosive Safety Organization (hereinafter referred as PESO). The guideline further insists on a minimum 30 m distance criteria between the new petrol pump/ RO and schools/ hospitals/ residential areas designated by local laws.
8. It is submitted that the answering respondent has not shown any disregard for the law or the guidelines issued by the National Green Tribunal (NGT) and the Central Pollution Control Board (CPCB) as alleged. That the answering Respondent has strictly adhere to the guidelines of the Hon'ble Tribunal and CPCB
9. It is respectfully submitted that the initial drawing/layout submitted to the District Magistrate, Yamuna Nagar for obtaining the NOC clearly indicates the presence of land belonging to Hindu Girls College in the vicinity of the proposed site. However, the specific facilities within the college premises were neither accessible to the Respondent and hence the purpose of the buildings in the college premises were not known to the answering Respondent. Consequently, further detailed indications were not Provided in the layout. Additionally, the drawing/layout, which was duly approved by the District Magistrate, Yamuna Nagar, was prepared by an NHAI-approved consultant and is fully compliant with NHAI norms. This approved layout clearly identifies the presence of Hindu College, with the access point to the college marked as "Hindu College Gate." Therefore, it is submitted that there has O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -26- been no concealment or misrepresentation of facts in the drawings/layout submitted for the purpose of obtaining the NOC.
In view of the aforementioned facts, the allegation made by the applicant is conspicuously false and fabricated and does not support any action for the same. In circumstances , it just and necessary that this Hon'ble Tribunal may pleased to dismissed the application as may deem fit ."
24. Vide order dated 06.11.2024 respondent no. 7 was permitted to file additional affidavit regarding the relevant circulars/guidelines regarding land requirement and safety measures for setting up of new petrol pump and respondents no. 1, 2 and 5 were permitted to file copies of map and other documents enclosed with the application submitted by respondent no. 7 to the District Magistrate, Yamuna Nagar.
25. Pursuant thereto additional affidavit dated 03.12.2024 was filed by respondent no. 7. The relevant part of additional affidavit is reproduced below:-
"ADDITIONAL AFFIDAVIT ON BEHALF OF THE
RESPONDENT NO.7
X X X
1. That the Respondent No.7 herein, is filing the present additional affidavit in pursuance to order dated 06.11.2024 of this Hon'ble Tribunal, wherein the Hon'ble Tribunal had directed the current respondent to file an additional affidavit regarding relevant circulars/guidelines regarding land requirement and safety measures for setting up new petrol pump.
2. That it is submitted that Respondent has internal guidelines for procurement of land for development of retail outlets for establishing petrol pumps, which state the minimum plot size requirements for different classes of markets.
That the Respondent had issued Policy Circular No. 143- 01/2009 dated 21.01.2009 wherein the guidelines were stipulated. That an amendment to the Policy was made via The Policy Circular No. 176-09/2010 dated 17.09.2010 which listed revised guidelines for procurement of land for development of retail outlets for establishing petrol pumps and changed the firming up of Plot Size. It is pertinent to mention O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -27- that vide this notification an Exception was introduced which allowed for smaller plots in accordance with guidelines issued by MoRTH for National Highways and other local laws. A copy of the Policy Circular No. 143-01/2009 dated 21.01.2009 is annexed herewith as Annexure R7-7 (PAGE NO.7-33). A copy of the Policy Circular No. 176-09/2010 dated 17.09.2010 is annexed herewith as Annexure R7-8. (PAGE NO. 34)
3. It is submitted by the Answering Respondent that the advertisement of 2018 wherein the notice for appointment of regular/rural retail outlet dealerships for Haryana was published, wherein the plot size has been mentioned in the notification depicting location for Regular and Rural retail outlets in the State of Haryana at S No. 1427 as 20m x 20m. A copy of the newspaper advertisement for `Notice for Appointment of Regular/Rural Retail Outlet Dealerships for Haryana' is annexed herewith as Annexure R7-9 (PAGE NO.
35). A copy of the notification depicting location for Regular and Rural retail outlets in the State of Haryana is annexed herewith as Annexure R7-10 (PAGE NO.36-74) wherein S.No. 1427 depicts the subject petrol pump.
4. It is submitted by the Answering Respondent that vide notification No. RW/NH--33023/19/99-DO-III dated 24.07.2013 Ministry of Road Transport and Highways (MoRTH) issued guidelines/norms for access permission to fuel stations, private properties, rest area complexes and such other facilities along national highways. It is further submitted by the answering respondent that MoRTH issued another notification no. RW/NH-33032/01/2017-S&R(R) dated 26.06.2020, the Ministry of Road Transport and Highways (MoRTH) Issued guidelines/ norms for grant of permission for construction of access to fuel stations, wayside amenities, connecting roads, other properties, rest area complexes and such other facilities. That herein the MoRTH had issued the plot size for petrol pumps in respect to Rural areas, Urban Areas and Hilly and Mountain terrain. That this notification was amended again on 28.01.2021 by MoRTFI and relaxed minimum plot size to 20mx20m instead of 30mx30m for urban areas. Copy of the notification No. RW/NH -- 33023/19/99-DO-III dated 24.07.2013 issued by the MoRTH is annexed herewith as Annexure R7-11(PAGE NO. 75-87). A copy of the notification RW/NH-33032/01/2017-S&R(R) dated 26.06.2020 and the amended notification dated 28.01.2024 issued by the MoRTH is annexed herewith as Annexure R7-12 (Page No. 88-141) and Annexure R7-13 (Page No. 142-143) respectively.
5. It is submitted by the answering respondent that the subject petrol pump is situated on National Highway and thus the subject petrol pump is supposed to be in conformity with the above mentioned notifications issued by MoRTH. That the subject petrol pump is in conformity with all the rules and regulations issued by MoRTH and in fact MoRTH has issued NOC for the same. A copy of the NOC dated 23.10.2021 issued by the MoRTH for the subject petrol pump is annexed herewith and annexed as Annexure R7-14 (Page No. 144-146). A copy of the map approved by the NHAI for the subject petrol pump is O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -28- annexed herewith and annexed as Annexure R-7-15 (Page NO. 147)
6. It is submitted by the answering Respondent that in regard to safety measures to establish a petrol pump the answering respondent is guided by the rules stated in Petroleum Rules, 2002. That the petrol pump is set up after submitting a drawing of the map to Petroleum Explosives and Safety Organization (PESO) which gives approval based on the present guidelines and notifications for safety. That the Petroleum Explosives and Safety Organization (PESO) strictly adheres to the Petroleum Rules 2002 for safety of the petrol pumps. A copy of the Petroleum Rules, 2002 is annexed herewith as Annexure R7-16. (Page No. 148-248). A copy of the Drawing submitted for the present petrol pump is annexed herewith as Annexure R7-17. (Page No. 249). A copy of the approval letter from PESO is annexed herewith and marked as Annexure R7-18. (Page No. 250-250)
7. It is submitted by the answering respondent that the Oil Industry Safety Directorate (OISD) has also issued guidelines for the installation of petrol pumps across the country. A copy of the notifications issued by the OISD is annexed herewith and marked as Annexure R7-19. (Page No. 253-294)
8. It is submitted by the answering Respondent that the present petrol pump is proposed on a land belonging to the Hindu Girls College (Respondent No. 3) who in turn had leased the same for the purpose of the establishment of the Petrol Pump. It is submitted that since the lease deed executed contains a clause permitting the establishment of petrol pump and the lease deed is registered document, therefore, it is clear that the Respondent No. 3 had no restrictions from any authority or legal documents to establish a petrol pump or to sub lease the land for a petrol pump. A copy of the Minutes of Meeting for leasing of the land for the purpose of petrol pump is annexed herewith as annexure R7-20 (Page No. 295-300). A copy of the lease agreement for leasing the said land is annexed herewith as Annexure R7-21 )Page No. 301-306).
9. In light of the above mentioned facts it is submitted by the answering Respondent that the Petrol Pump in question was in consonance with all the notifications and guidelines which were in effect and implemented till 2020."
26. Vide order dated 10.12.2024 CPCB was directed to file copies of all Minutes of Meeting of the Expert Committee and also copies of relevant documents/discussion as the case may be regarding inclusion of Schools and exclusion of Colleges in the siting criteria adopted for finalization of the guidelines dated 07.01.2020.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -29-
27. In compliance thereof response dated 14.01.2025 has been filed by Mr. Pankaj Agarwal, Scientist 'F' on behalf of CPCB. The relevant part of the response filed by CPCB is reproduced below:-
"RESPONSE ON BEHALF OF CENTRAL POLLUTION CONTROL BOARD (CPCB) i.e. RESPONDENT NO. 6
1. That, Hon'ble NGT vide order dated 10.12.2024 (Annexure - A) has directed to file copies of all Minutes of Meeting of the Expert Committee and also copies of relevant documents/discussion as the case may be regarding inclusion of Schools and exclusion of Colleges in the siting criteria adopted for finalization of the guidelines dated 07.01.2020. Thereby this response is submitted for kind consideration of Hon'ble Tribunal.
2. It is humbly submitted that the issue of setting up of large number of petrol pumps without any environmental concern was considered by the Hon'ble NGT in OA No. 86 of 2019 titled as Gyanprakash @ Pappu Singh vs UoI & Others. Thereby, Hon'ble NGT directed the Ministry of Petroleum and Natural Gas and CPCB to review the matter and issue appropriate guidelines. Accordingly, the guidelines for setting up of new petrol pumps were framed under the guidance of the Expert Committee comprising of officials from MoPNG, NEERI, IIT-Kanpur, IIP- Dehradun, TERI & CPCB and were subsequently circulated on 07-01- 2020 to concerned stakeholders for implementation.
3. That, the minutes of meeting held on 05.04.2019 and 01.10.2019 regarding finalisation of guidelines for siting of petrol pumps in compliance of Hon'ble NGT order dated 18.01.2019 in OA 86/2019 titled "Gyanprakash @ Pappu Singh vs. UoI & Ors ", as directed by the Hon'ble Tribunal is hereby annexed as Annexure 'B' for ready reference. The same indicates that schools have been considered as sensitive receptor by the Expert Committee and not colleges. It is further submitted that the ibid minutes of meeting has also been submitted before Hon'ble NGT in the instant matter vide report of Answering Respondent herein dated 02.02.2024. ."
28. Arguments were heard and Judgment was reserved vide order dated 18.02.2025 but while going through the material on record, this Tribunal noticed that prima facie notification was issued by MoRTH and policy circular and advertisement were issued by IOCL without taking into consideration order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and also Guideline "H. Siting Criteria of Retail Outlets" of CPCB Guidelines dated 07.01.2020 and presence of MoRTH before this Tribunal was essential for just and proper adjudication of the substantial environmental questions involved O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -30- and ordered the matter to be relisted for further hearing. The relevant part of order dated 30.05.2025 reads as under: -
"6. The Deputy General Manager (Retail Sales), IOCL, Panipat Divisional Office, Panipat was impleaded as respondent no. 7 and replies/additional replies were filed by respondents no. 6 and 7. Original record was also produced by the District Magistrate, Yamuna Nagar which was returned while retaining photostat copy thereof. Arguments were heard and Judgment was again reserved vide order dated 18.02.2025.
7. While going through the material on record, we have noticed that as per order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and guideline (H) siting criteria of retail outlet of CPCB Guidelines dated 07.01.2020 in case of sitting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from Schools, Hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new Retail outlet from schools, hospital (10 beds and above) and residential area designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet.
8. We have also noticed that as per notification no. RW/NH/33032/0112017/S&R (R) dated 28.01.2021 Ministry of Road Transport and Highways (MoRTH) amended minimum plot size for establishment of new petrol pump as 20 m x 20 m instead of 30 m x 30 m for urban areas. IOCL also issued policy circular no. 176- 09/2010 dated 17.09.2010 fixing plot size for establishment of new petrol pump as 20 m x 20 m for KSKs allowing smaller plots in accordance with guidelines issued by MoRTH. IOCL issued advertisement of 2018 mentioning the plot size as 20 m x 20 m for appointment of Retail Outlet Dealership for Haryana.
9. Prima facie, it appears that plot size of 20 m x 20 m for establishment of new petrol pump has been fixed by notification issued by MoRTH and policy circular and advertisement issued by IOCL without taking into consideration order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and also Guideline "H. Siting Criteria of Retail Outlets" of Guidelines dated 07.01.2020 issued by CPCB which by necessary implication require minimum plot size of 30 m x 30 m and questions of the notification issued by MoRTH and policy circular and advertisement issued by IOCL being violative of the order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and CPCB Guidelines dated 07.01.2020 arise in the present case.
10. In these facts and circumstances, presence of MoRTH and IOCL before this Tribunal is essential for just and proper adjudication of the substantial environmental questions involved in the case as the question of validity of notification/policy fixing the plot size of 20 m X 20 m issued by MoRTH and IOCL cannot be decided without granting O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -31- opportunity of being heard to them in compliance with the principles of natural justice.
11. IOCL is also represented before this Tribunal through its Deputy General Manager (Retail Sales) but MoRTH is required to be impleaded as respondent no. 8 in the present case.
12. Since, this aspect was not specifically referred, and arguments were not addressed in this regard, opportunity is also required to be given to the parties to make their submissions in this regard for compliance with principles of natural justice.
13. Consequently, the matter requires relisting for further hearing and the matter is accordingly relisted for further hearing.
14. MoRTH is impleaded as respondent no. 8. The Registry is directed to amend the memo of parties and to issue notice to newly added respondent no. 8 requiring it to file its response with respect to the aspects noticed herein above at least three days before the next date of hearing fixed with advance copies to the applicant and Counsels for other respondents."
29. Pursuant to notice reply dated 28.06.2025 has been filed by respondent no. 8-Ministry of Road, Transport and Highways (MoRTH). The relevant part of the reply is reproduced below:-
"REPLY ON BEHALF OF RESPONDENT NO.8/ MINISTRY OF ROAD TRANSPORT AND HIGHWAYS X X X X
2. The brief factual background of the matter is as under:-
2.1 On 24.07.2013 (Annexure-R7/11, Pg.252-264), the Answering Respondent issued guidelines/norms for access permission to Fuel Stations, Private Properties, Rest Area Complexes and such other facilities along the National Highways. As per Clause 5.2 (Pg.259) of the said Guidelines, the minimum size of the plot for fuel stations in the urban stretches along the National Highways were 20 m x 20 m i.e. 20 m front and 20 m depth.
2.2 In the year 2019, Sh. Gyanprakash @ Pappu Singh filed an Original Application ("OA") bearing no.86/2019 titled as Gyanprakash @ Pappu Singh vs. Union of India & Ors. before the Hon'ble Tribunal seeking to limit the number of petrol pumps so as to avoid adverse impact on the environment.
2.3. On 18.01.2019, the Hon'ble Tribunal in the OA bearing no.86/2019 observed as under:
"We are of the view that the matter needs to be looked into by a Joint Committee of representatives of the Central Pollution Control Board and the Ministry of Petroleum. The CPCB will be the nodal agency. The first meeting of the Committee may be held within one month and on review of the subject matter, appropriate guidelines be issued by the Central Pollution Control Board, in exercise of its statutory power within three months thereafter. The Central Pollution Control Board may furnish an action taken report to the Tribunal by email at [email protected] on or before 30th April 2019."
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -32- True copy of the Order dated 18.01.2019 passed by the Hon'ble Tribunal in OA bearing no.86/2019 is annexed herewith and marked as Annexure R-8/1.
2.4. Considering the direction in Order dated 18.01.2019 passed by the Hon'ble Tribunal, the Central Pollution Control Board ("CPCB") issued guidelines dated 07.01.2020 (Annexure P-2, Pg.44-52) for setting up of New Petrol Pumps. Clause H of the Guidelines issued by the CPCB is reproduced here under:
"H. Siting criteria of Retail outlets in case of siting criteria for petrol pumps new Retail outlets shall not be located within a redial distance of 50 meters (from all points/dispensing units/ vent pipe whichever is nearest) from school, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in proving 50 meters distance, the retail outlet shall implement additional safely measures as prescribed by PESO. In no case the distance between new retail outlet from schools, hospitals) 10 beds and above) and residential area designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet. These guidelines are supplementary to all existing relevant rules, guidelines orders etc."
2.5. On 26.06.2020 (Annexure-R7/12, Pg.265-318), the Answering Respondent issued the revised guidelines for access permission to Fuel Stations, Private Properties, Rest Area Complexes and such other facilities on the National Highways, exercising its powers under Sections 28 & 29 of The Control of National Highways (Land and Traffic) Act, 2002 and The Highway Administration Rules, 2004. Clause 4 of the revised guidelines is reproduced here under:
"4.0 Plot size for Fuel Station:
i. The minimum size and shape of the plot for fuel station should primarily be laid down by the Company/ Establishment concerned, for which they would need to consider suitable accommodation of all the facilities e.g. fuel pumps, offices, stories, compressor room, air pump and kiosks etc. The Highway Administration steps in primarily keeping in view that no hindrance is caused to the movement of vehicles of expected maximum dimensions. within the fuel station and in the access area. Sufficient space would need to be available to accommodate the number of fuel pumps to cater to the expected number of vehicles in peak time at this location so that the vehicles do not spill over to the access area. The air pump and kiosks for pollution control measurements be installed at some distance from the fuel pumps so that the vehicles requiring these services do not cause hindrance to the free movement of vehicles entering or exiting the fuel station.
ii. Keeping the above considerations in view, the minimum size of the plot for a fuel station along National Highways shall be as follow:-
Sr. NO. Frontage (in meter) Depth (in
meter)
i On Rural stretches in 35 35
plain and rolling
terrain
ii On Urban stretches in 30 30
plain and rolling
terrain
iii In hilly and 20 20
mountainous terrain
Note: The proposed slot of new fuel stations should be such that the minimum frontage is achieved within the minimum total area O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -33- as stipulated above.
iii. For fuel station being part of the rest area complex, the area required for other facilities such as parking, restaurant, rest rooms, toilets, kiosks for selling sundry items, bathing facilities, repair facilities, shops etc. would be extra but there would be a single access/ egress."
2.6 That in continuation to aforesaid guideline, the Answering Respondent vide letter no.RWNH-33032/01/2017-S&R(R) dated 28.01.2021 (Annexure-R7/13, Pg.319-320) issued amendment that for the retail outlets allotted by Petroleum companies, plots acquired by applicants in urban areas as per earlier guidelines (prior to 26.06.2020) i.e. of 20 m x 20 m, the NOCs may be granted as per revised guidelines dated 26.06.2020 with relaxation for plot size of 20mx20m (instead of desired plot size of 30mx30m). This amendment was issued based on large number of grievances/notices being received by MoRTH from applicants/the applicant companies, which stated to be facing problems in getting NOC due to implementation of Revised Guidelines / Norms dated 26.06.2020.
2.7. Thereafter, in the year 2023, the Applicant filed the present OA before the Hon'ble Tribunal. It is pertinent to note that the OA was filed seeking prayer for directing cancellation of the NoC, since the grant of permission by Indian Oil Corporation and grant of NoC by District Administration, Yamuna Nagar, Haryana for establishment of petrol pump in the premises of Hindu Girls College and Hindu Girls Schools, Jagadhri, District Yamuna Nagar, was given ignoring the byelaws, rules and regulations and safety of the children. 2.8. The OA was listed on 20.03.2024, 17.10.2024, 10.12.2024, 18.02.2025 and the judgment was reserved by the Hon'ble Tribunal. 2.9 On 30.05.2025, the OA was listed in which the Hon'ble Tribunal impleaded the Answering Respondent as Respondent No.8. True copy of order dated 30.05.2025 passed by the Hon'ble Tribunal is annexed herewith and marked as Annexure R-8/2.
3. It is evident from the aforesaid factual background that the basis for impleading the Answering Respondent as a party in the present proceedings is that the Amendment dated 28.01.2021 by the Answering Respondent is in violation of the Order dated 18.01.2019 passed by this Hon'ble Tribunal in OA bearing no.86/2019 and the guidelines dated 07.01.2020 issued by the CPCB.
4. In this regard, the Answering Respondent submits as under- 4.1 A perusal of the Order dated 18.01.2019 passed by this Hon'ble Tribunal makes it clear that there was no direction regarding the reduction of the plot size for granting permission for construction of fuel stations, and as such there is no violation of the Order dated 18.01.2019 by the Answering Respondent.
4.2 Reference is also made to Clause H (Siting Criteria of Retail outlets) of the CPCB guidelines dated 07.01.2020 which merely specifies the radial distance of the new retail outlets from School, Hospitals (10 beds and above) and residential areas designated as per local laws, and no such guidelines is there regarding the plot size of retail outlets.
4.3. It is pertinent to state that the Answering Respondent has issued the amendment dated 28.01.2021 for reducing the plot size from 30 m x 30 m to 20 m x 20 m in view of receipt of various grievances raised by the applicants/applicant companies who were facing problems in getting NOC due to the implementation of the guidelines dated 26.06.2020.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -34- 4.4. It is further submitted that during setting up of a Fuel Station, the concerned applicant/Fuel Station agency has to take NOC's from all concerned departments and the Answering Respondent/MoRTH, and has to comply to guidelines/norms stated in above mentioned guidelines and subsequent amendments w.r.t Access from National Highway only. However as far as criteria/norms of various departments are concerned, the same shall be dealt with by concerned department accordingly before issuing NOC or energizing the fuel station. This implies that the applicant has to parallelly fulfil criteria pertaining to all departments based on which the fuel station can be energized, and the same is decided by relevant/concerned department of State Government/Local body. Accordingly, the minimum criteria set forth by concerned department shall prevail in order to issue NOC. Further, the Provisional Access Permission granted to Retail Outlet in question stands cancelled w.e.f. 20.07.2024 since the extension of time granted upto 19.07.2024 for obtaining final permission from Highway Administration has lapsed. True copy of letter dated 08.08.2023 is annexed herewith and marked as Annexure R-8/3.
4.5 It is further submitted that the Answering Respondent in its previous guideline dated 26.06.2020 categorically stated that the minimum size and shape of the plot for fuel station should primarily be laid down by the Company/ Establishment concerned. The Answering Respondent only steps in primarily keeping in view that no hindrance is caused to the movement of vehicles of expected maximum dimensions, within the fuel station and in the access area. Thus, the role of the Answering Respondent is very limited to the same.
4.6. It is submitted that the OA. 408/2023 was filed by the Applicant regarding violation of the silting criteria by the fuel station located near the premises of the Hindu Girls School, Jagadhri, District Yamuna Nagar by ignoring the bylaws, rules, regulation, orders of NGT and CPCB guidelines. While going through the record, the Hon'ble Tribunal has observed that Ministry's guidelines of access permission issued vide letter No.RW/NH/33032/011/2017/S&R (R) dated 28.01.2021 which amended the minimum plot size for establishment of new fuel station as 20 x 20 m instead of 30m x 30m is without taking into consideration the order passed by the NGT dated 18.01.2019 in OA No. 86/2019. In this regard, it is stated that the Answering Respondent was not a party in the OA 86/2019. 4.7. It is further clarified that the Answering Respondent vide letter no.RW/NH-3302/01/2017-S&R(R) dated 26.06.2020 issued revised guidelines/norms for grant of permission for construction of access to fuel stations, way side amenities, connecting roads, other properties, Rest Area Complexes and such other facilities.
i. As per revised guidelines dated 26.06.2020, minimum plot size of 30m x 30m was mandated for new fuel stations abutting the NHs in urban stretches.
ii. The Answering Respondent vide letter no. RW/NH 33032/01/2017-S&R (R) dated 28.01.2021 issued amendments to the guideline dated 26.06.2020. As per this amendment, for the applications of access permissions submitted on online portal of MoRTH for the retail outlets allotted by Petroleum companies, plots acquired by applicants in urban areas (i.c. 20 m x 20 m) as per earlier guideline dated 24.07.2013, the NOCs may be granted as per revised guideline dated 26.06.2020 with relaxation in plot size, as 20 m x 20 m instead of desired plot size of 30 m x 30 m.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -35- 4.8. It is further clarified that the above temporary relief was granted to the applications submitted prior to 26.06.2020 only, and that all the new applications are being processed by considering the minimum plot size of 30m x30 m for urban stretches without deviations. 4.9. Moreover, the issue in the present OA being filed by the Applicant is related to the NOC's issued by various departments. There is no dispute or any averment regarding the reduction of the plot size by the Answering Respondent.
4.10 It is submitted that the Answering Respondent is an apex organisation under the Central Government entrusted with the task of formulating and administering policies for road transport, national highways and transport research in consultation with other Central Ministries/Departments, State Governments/Union Territory Governments, organizations and individuals. The Answering Respondent has the highest regard for this Hon'ble Tribunal and thus, the Answering Respondent would not violate any order(s) passed by this Hon'ble Tribunal.
5 Thus, in the light of the aforesaid submissions, the Answering Respondent has not violated the Order dated 18.01.2019 and the guidelines issued by the CPCB dated 07.01.2020. The Answering Respondent most humbly prays that the present OA be dismissed in favour of the Answering Respondent.
6. The Answering Respondent further reserves its right to file additional reply/objection, if required, with the permission of the Hon'ble Tribunal.
30. We have heard the submissions made by Mr. Harvinder Singh- the applicant and Mr. Rahul Khurana, learned Counsel for respondents no. 1- State of Haryana, 2-District Magistrate, Yamuna Nagar and 5-HSPCB, Mr. Robin Dutta, learned Counsel for respondent no. 4, Mr. Rajkumar, learned Counsel for respondent no. 6-CPCB, Mr. Manish Sharma, Mr. Divye Chugh and Mr. Rachit Raushan, learned Counsels for respondent no. 7-Dy. G.M. (Retail Sales), IOCL and Mrs. Madhu Sweta (through VC) and Mr. Yash Kapoor, learned Counsels for respondent no. 8-MoRTH and we have gone through the material on record carefully.
31. The questions which first arise for adjudication in the present case are as to whether the applicant has no locus standi to file the present application and whether the application has been filed mala-fide to settle personal score.
32. Learned Counsels for respondent no. 4 and learned Counsels for respondents no. 7 have challenged the credentials and bona fides of the O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -36- applicant and argued that the Hon'ble Supreme Court of India has in many cases indicated that person filing the complaint should exhibit his/her locus standi bonafides for the reliefs of cancellation of NOC etc. sought by him. The applicant has no locus standi and has file the application with ulterior motive just to harass respondent no. 4 to settle his personal score and to delay the setting up of the petrol pump which is a project of public utility. The jurisdiction of this Tribunal may not be allowed to be misused by such interested litigant for his ulterior motives and the application being malafide may be dismissed on this ground.
33. On the other hand, the applicant has argued that the applicant has filed present application bonafide raising substantial questions relating to environment pointing out serious violations of the CPCB Guidelines dated 07.01.2020 in Public Interest.
34. In the present case the respondents have not produced any material to show any previous enmity of the applicant with respondent no. 4 or any ill will or malice on his part towards respondent no. 4 or any previous instance of misuse of public interest litigation by the applicant for personal interest. In the absence of any such material the applicant must be considered to be a public spirited person acting with the motive of protection and improvement of environment and to have raised substantial environmental questions regarding violations of orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020 in public interest. This Tribunal cannot lose sight of the fact that right to life includes within its sweep right to clean and healthy environment which cannot be denied and has to be protected and implemented in the fullest measure by all the instrumentalities of the State as well as the Project Proponents. In these facts and circumstances, the applicant must be considered to have locus standi and cause of action to file O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -37- the present application in public interest for protection of environment and the bonafides of the applicant cannot be doubted.
35. Even otherwise, this Tribunal is empowered under the provisions of the NGT Act, 2010 to take cognizance of questions relating to environment arising out of implementation of the enactments specified in Schedule I to the NGT Act, 2010 suo motu as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai v. Ankita Sinha (2021) SCC Online SC 897: Law Finder Doc Id # 1890858: 2021 AIR (Supreme Court) 5147) and in view thereof this Tribunal can adjudicate upon the questions involved in the present application regarding compliance with the orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020.
36. The Applicant has argued that NOC dated 15.05.2023 for the proposed retail outlet at the location between Jagadhri bus stand to Agrasen Chowk, Jagadhri, District Yamuna Nagar, Haryana has been granted in violation of orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020 endangering the safety of children at the nearby Hindu Girls College and School, Jagadhri.
37. On the other hand learned Counsels for respondents no. 4 and 7 have argued that the allegations raised by the Applicant regarding the alleged improper issuance of NOC for the establishment of a retail outlet near Hindu Girls College Jagadhri, District Yamuna Nagar in violation of orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020 endangering the safety of children at the nearby Hindu Girls College and School, Jagadhri are without any basis or merit. Respondent No 7 has adhered to all applicable laws, rules, regulations and guidelines in obtaining the NOC.
38. While dealing with the issue of limiting the number of petrol pumps so as to avoid adverse impact on the environment in O.A. No. 86 of 2019 O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -38- Gyanprakash @ Pappu Singh vs. Union of India & Ors., this Tribunal vide order dated 18.01.2019 directed the Ministry of Petroleum and Natural Gas and CPCB to review the matter and issue appropriate guidelines. The relevant part of the order reads as under:-
"We are of the view that the matter needs to be looked into by a Joint Committee of representatives of the Central Pollution Control Board and the Ministry of Petroleum. The CPCB will be the nodal agency. The first meeting of the Committee may be held within one month and on review of the subject matter, appropriate guidelines be issued by the Central Pollution Control Board, in exercise of its statutory power within three months thereafter. The Central Pollution Control Board may furnish an action taken report to the Tribunal by email at [email protected] on or before 30th April 2019."
39. This Tribunal vide order dated 22.07.2019 in O.A. No. 31/2019 K. Sathyadevan Vs. Union of India & Ors. and O.A. No. 86/2019 Gyanprakash @ Pappu Singh vs. Union of India & Ors., directed that a safe distance from a residential area must be maintained for any new petrol pump/filling station sought to be set up. The relevant part of the order reads as under:-
"11........ We may also add that a safe distance from the residential areas must be maintained for any new outlet to be set up which may also be specified within one month, keeping in view the health and safety of the inhabitants."
40. In compliance with directions given by this Tribunal vide order dated 18.01.2019 passed in O.A. No. 86/2019 titled as Gyanprakash@Pappu Singh Vs. UoI & Ors. guidelines dated 07.01.2020 were framed under the guidance of an Expert Committee comprising of Members from IIT Kanpur, NEERI, IIP, TERI, MoP&NG and CPCB (constituted to frame Guidelines for setting up of new Petrol Pumps including siting criteria and pollution O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -39- prevention and control measures). The guidelines were placed in public domain and comments/suggestions/objections were invited from public and concerned stakeholders which were reviewed and guidelines were finalized and circulated by CPCB vide its Office Memorandum bearing No. 13011/1/2019-20/AQM dated 07.01.2020 for implementation by concerned stakeholders.
41. The CPCB Guidelines were clarified by OM No. B- 13011/1/2020- 21/AQM dated 29.01.2021 to state that the CPCB Guidelines would apply to all petrol pumps where construction had not commenced before 07.01.2020.
42. Clause H of the Guidelines issued by the CPCB, which lays down Siting criteria for Retail Outlets, is reproduced hereunder:-
"H. Siting criteria of Retail Outlets:-
In case of siting criteria for petrol pumps new Retail outlets shall not be located within a radial distance of 50 meters (from all points/dispensing units/ vent pipe whichever is nearest) from school, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in proving 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail outlet from schools, hospitals (10 beds and above) and residential area designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet. These guidelines are supplementary to all existing relevant rules, guidelines orders etc."
(Emphasis added)
43. As per the above-quoted guidelines any new petrol pump/retail outlet has to satisfy the following conditions to meet the Siting Criteria:-
(i) New petrol pump/Retail Outlet has to be located beyond a radial distance of 50 m (from fill point/ dispensing unit/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per the local laws;
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -40- or In case of constraints in complying with 50 m distance criteria, (a) the petrol pump/ Retail Outlet has to implement additional safety measures as prescribed by PESO and (b) the distance between new Retail outlet from schools, hospital (10 beds and above) and residential area designated as per local laws shall not be less than 30 meters;
and
(ii) No high tension line shall pass over the retail outlet.
44. This Tribunal vide its orders dated 23.07.2020 and 09.10.2020, in O.A. No. 61 of 2019 (CZ) Suresh Madaloi vs. State of M.P. & Ors., directed the MoEF & CC and the CPCB to submit a report with regard to the minimum distance of petrol pumps from water bodies.
45. Subsequently, the CBCB Guidelines dated 07.01.2020 were revised by OM No. B-13011/1/2019-20/AQM dated 16.08.2021 to include the following:-
". All the surface water bodies irrespective of utility shall be protected from any possible contamination. These include lakes, ponds, streams, rivers, wetlands, canals and creeks, as per revenue records. Retail Outlets shall not be located within a distance of 50 meters from the nearest point of water bodies. In case of streams and rivers, the distance shall be considered from floodway. In case floodway is not defined, the distance shall be considered from firm banks / edge of river The siting criterion is to be implemented for all new petrol pumps where construction by OMCs start post the issuance of these guidelines."
46. It follows that generally new petrol pumps/ Retail Outlets can be located beyond a radial distance of 50 m (from fill point/ dispensing unit/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per the local laws and only exceptionally in case of constraints in complying with 50 m distance criteria, new petrol pumps/ Retail Outlets can be located at the distance of not less than 30 O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -41- meters from schools, hospital (10 beds and above) and residential area designated as per local laws on implementation of additional safety measures as prescribed by the PESO.
47. It follows that for permitting location of new petrol pumps/Retail Outlets at the distance of 30 meters from schools, hospital (10 beds and above) and residential area designated as per local laws the constraints in complying with 50m criteria and the additional safety measures implemented by the new petrol pumps/Retail Outlets have to be specifically mentioned.
48. It may be observed here that the abovesaid siting criteria prescribed by Clause H of the Guidelines dated 07.01.2020 issued by the CPCB do not apply to new petrol pumps/Retail Outlets which are not located near schools, hospitals (10 beds and above) and residential area designated as per local laws.
49. There seems to be no ambiguity or dispute regarding the expressions "hospitals (10 beds and above)" and "residential area designated as per local laws".
50. However, it may be observed here that the use of expression "residential area designated as per local laws" will apply to both urban and rural areas and is not confined to urban areas only and will also extend to individual residences in designated residential area.
51. However, in the present case dispute has been raised regarding interpretation/scope of the expression "schools" and the question which arises in the present case is as to whether the expression "schools" includes/extends to "colleges".
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -42-
52. The applicant has submitted that in the present case, the Hindu Girls College and School Management and respondent no. 4-Pushpesh Passi have not complied with the orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020. The distance between petrol pump and college is only 5-10 meters as the land (where petrol pump is proposed to be set up) is situated in the premises of college and beside the land for petrol pump there is auditorium of college which can hold 1500 students at a time. The hostel of the college is also situated adjacent to the land in question. If the petrol pump is set up in the land in question the life of the students will not be safe.
53. Learned Counsels for respondents no. 4 and 7 have argued that there are material differences in schools and colleges which have mutually exclusive definitions in statutory enactments governing them and in view thereof the expression "Schools" does not and cannot be interpreted to include "Colleges". In support of their submissions learned Counsels for respondents no. 4 and 7 have referred to definition of "School" in Section 2(r) of the Haryana School Education Act, 1995 and definition of "College" in section 12A(1)(b) of the University Grant Commission Act, 1956 which are reproduced below:-
Section 2(r) of the Haryana School Education Act, 1995 "Section 2(r):- "School" includes a primary, middle, high or senior secondary school and also includes any other institution which imparts education or training below degree level, but does not include an institution, which imparts technical education:"
Section 12A(1)(b) of the University Grant Commission Act, 1956 "Section 12A(1)(b):- "College" means any institution whether known as such or by any other name, which provides for a course of study for obtaining any qualification from a University and which, in accordance with rules and regulations of such university, is recognized as competent to provide for such course of study and present students under going such course of study for the examination for the award of such qualification:".
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -43-
54. Learned Counsels for respondents no. 4 and 7 have further argued that CPCB Guidelines dated 07.01.2020 bar setting up of new petrol pumps/retail outlets within 30-50 meters of radius of school, hospitals (10 beds & above) and residential area but CPCB Guidelines dated 07.01.2020 do not apply to new petrol pumps/retail outlets being established in the vicinity of college. As such the proposed site in the instant case is meeting the norms and NOC granted by District Magistrate, Yamuna Nagar is not violative of orders passed by this Tribunal and CPCB Guidelines dated 07.01.2020. Therefore, the original application may be dismissed with costs.
55. Learned Counsel for CPCB has argued that the CPCB Guidelines dated 07.01.2020 identify "Schools" and not "Colleges" as sensitive locations and CPCB has clarified in its reply that the term "Schools" does not include "Colleges" and colleges are not included in para H thereof.
56. However, learned Counsel for CPCB and has submitted that CPCB will abide by the directions of this Tribunal.
57. Learned Counsel for respondents no. 1, 2 and 5 has reiterated the submission made by learned Counsels for respondents no. 4, 6 and 7 while adding that above respondents will abide by the orders as may be passed by this Tribunal.
58. Learned Counsel for respondent no. 8 has submitted that respondent no. 8 not being a party has not violated directions issued by this Tribunal as mentioned in its reply.
59. In order to appreciate and adjudicate upon the environmental issue as to applicability of CPCB Guidelines dated 07.01.2020 raised in the present case, this Tribunal, vide order dated 10.12.2024 directed CPCB to file copies of the Minutes of Meeting of the Expert Committee and also copies of relevant O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -44- documents/discussion, as the case may be, regarding inclusion of Schools and exclusion of Colleges in the siting criteria adopted at the time of finalization of the CPCB Guidelines dated 07.01.2020.
60. In compliance thereof copies of the minutes of meetings held on 05.04.2019 and 01.10.2019 regarding finalization of CPCB Guidelines dated 07.01.2020 prescribing the siting criteria for setting up of new petrol pumps/retail outlets have been filed by CPCB. The relevant parts of the minutes of meetings held on 05.04.2019 and 01.10.2019 are reproduced below:-
(i) Minutes of Meeting dated 05.04.2019 "Minutes of the meeting held on 05.04.2019 at CPCB, in compliance of the Hon'ble NGT order dated 18.1.2019 in OA No. 86/2019: Gyanprakhash @ Pappu Singh vs UoI & Ors, Sh. V.K. Shukla, Scientist `E', AQM Division, CPCB welcomed the Member Secretary, CPCB and the Committee members and briefed about the orders passed by the Hon'ble NGT on 18.01.2019 for preparation of siting and other necessary guidelines in reference to the OA No. 86 of 2019 filed on the issue of setting up of 80,000 petrol pumps in the country. The list of participants is annexed.
Sh. V.K. Shukla further informed that first meeting in the matter was convened between CPCB and MoPNG on 08.02.2019 wherein MoPNG was requested to share detailed information about the proposed petrol pumps and guidelines followed for setting up of petrol pumps including siting criteria and information on clearances obtained from different departments. However, the information is still not received. During the said meeting, it was also decided that a Committee comprising of officials from MoPNG and CPCB, and, experts from NEERI, IIT, Indian Institute of Petroleum, Dehradun and TERI may be constituted for suggesting necessary guidelines and accordingly the present committee has been constituted. The minutes of the said meeting were circulated to the committee members. Member Secretary, CPCB expressed that the main objective of convening this meeting is to finalize the various environment related issues that needs to be addressed under the proposed guidelines to be finalized by the said Committee. Committee members discussed the various issues related to environment protection and suggested following aspects should be considered while framing the draft guidelines:
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -45- A. Siting of petrol pumps
1. Siting criteria for petrol pumps to be setup in urban, rural areas and on highways considering population and land use pattern.
2. Siting distance from sensitive locations such as schools, hospitals, play grounds and electric substations etc. should be prescribed.
B. Measures for air and ground water protection
1. Containment and treatment of spillages from fuel filling operations at petrol pumps.
2. Check on leakages (Leakage Detection System) from underground storage tanks so as to prevent groundwater contamination. Treatment and disposal of sludge removed from underground tanks during cleaning.
3. Protocol for proper operation and maintenance of Vapor Recovery System, and, to monitor performance and check efficiency of Vapor Recovery System.
4. Requirement of additional pollution control systems (air purification systems) needed to be installed for control of VOCs at petrol pumps located in areas having high population density in order to minimize exposure, if any.
5. Monitoring mechanism (procedure, parameters and frequency) to check air and ground water quality in and around petrol pump depending upon location of petrol pump (Urban, Rural and Highways).
C. Measures for protection of worker's health Member Secretary, CPCB expressed that MoPNG being the concerned parent ministry may come out with draft guidelines in association with oil marketing companies. International practices being followed in this regard may be referred. The draft guidelines so prepared may be subsequently discussed, reviewed and finalized by this committee. It was agreed that draft guidelines to be prepared in two weeks and these be discussed by the Committee in the next meeting scheduled on April 22, 2019.
Meeting ended with thanks to chair."
(ii) Minutes of Meeting dated 01.10.2019 "Minutes of Expert Committee meeting dated 1.10.2019 on siting guidelines for petrol pumps Comments received from stakeholders on the guidelines were discussed with the Committee and following decisions were taken:
1. Groundwater level data available on CGWA website may be limited to a specified area around the monitoring station and that there may be variation in water table within different areas around the monitoring station, hence, requirement of checking online data may be removed. Expert Committee agreed with the suggestion received and decided that it shall be the responsibility of OMC to properly O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -46- get measured groundwater level at the site of proposed petrol pump and ensure implementation of adequate protection measures as per guidelines for the sites with groundwater levels less than 04 meters. In case, any deviation is observed in the data reported by OMC, action as per law may be initiated against the OMC.
2. Ancillary components of storage tanks made of HDPE which is corrosion free may also be permitted in addition to the materials confirming to IS with corrosion protection coatings. Expert Committee decided that materials approved by PESO shall be considered and that this shall be applicable for underground as well as above ground storage tanks.
3. In case of leakage/ spillage of lube oil/ fuel in quantity more than 01 barrel, operation of concerned underground storage tank may be stopped instead of the entire petrol pump. Expert Committee decided that since the release from specific source i.e. tank is required to be controlled;
operation of that tank and ancillary components shall be stopped and be not resumed till corrective measures are implemented to the satisfaction of PESO and SPCB. All such incidences be reported to SPCB, PESO, DM within 24 hours of occurrence under intimation to CPCB. Further, EC decided that experience requirement of consultants/ expert agency to be appointed by OMCs for damage assessment due to leakage and its remediation may be reduced to 05 years from 07 years proposed earlier, considering that there may be a limited number of consultants available with an experience of 07 years in this field.
4. Single plane swivel with breakaway couplings installation at dispensing units may also be permitted as alternative to two plane swivel. Expert Committee agreed with the suggestion and decided that Single/ double plane swivel with breakaway coupling shall he installed for all the dispensing units for better positioning of nozzle while refuelling so that it does not fall off accidently.
5. Automation system approved by EPA shall be allowed to be used for leak detection. Expert Committee discussed that since PESO is the regulatory authority, automation system to be installed for providing alert on tank leak shall have PESO approved auto gauging system.
6. Increase the frequency of testing of tank and pipeline leaks from 05 years to 10 years or testing to be done only in cases where the compromise in integrity of the internal monitoring system is observed. Expert Committee decided that leak tests are needed as preventive measure for protection of environment; however the frequency of testing may be revised to 07 years instead of 05 years considering high design life of these components and very few cases reported in the past with such faults.
7. VRS installation at petrol pumps to be done within 03 months of achievement of monthly average sale of 100 KL or 300 KL instead of installation by the time petrol pump touches the MS sale of 100 KL or 300 KL. MoPNG expressed that it is very difficult to procure and install VRS for petrol pumps touching MS sale of 100 since this quantum of sale can be easily achieved by petrol pumps and therefore limited time is available for procurement and installation of VRS. Expert O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -47- Committee deliberated the issue and decided that time period of 03 months can be given for installation of VRS in case of petrol pumps with sale potential of 100 KL however in case of petrol pumps with sale potential of 300 KL MS per month, VRS shall he made functional by the time of sale of MS touch 300 KL. In case of failure of installation of VRS, Environment Compensation will be levied equivalent to the cost of VRS and this will further increase proportionate to the period of non-compliance.
8. Stage II VRS nozzle shall be provided with flexible cover flap or other alternate system for proper covering, of filling tank and therefore proper recovery of vapors.
9. Whether, TWA or STEL standards to be considered for Work zone monitoring for Total VOCs. Expert Committee discussed the matter and decided that TWA standards be applicable being more stringent than STEL standards.
10. Standards for parameters to be analysed during groundwater monitoring be prescribed.
11. In case of siting criteria for petrol pumps new Retail Outlets shall not be located within a radial distance of 50 meters (from fill point/ dispensing units/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlet shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail outlet from schools and hospitals (10 beds and above) and residential area shall be less than 30 meters designated as per local laws. No high tension line shall pass over the retail outlet."
61. We have gone through the minutes of the meeting of the Expert Committee and we do not find any reference regarding non-inclusion /exclusion of colleges and any reasons for the same. It is evident from a bare perusal of the above-quoted Minutes of Meeting that the Expert Committee did not discuss the matter of inclusion of "schools" only in the Guidelines and exclusion of "colleges" from the same with or without assignment of any reasons for such exclusion and did not use the expression "schools" with any qualifying word or with reference to any particular enactment. Consequently, definition of "school" in Section 2 (r) of the Haryana School Education Act, 1995 and definition of "college" in Section 12A(1)(b) of the University Grant Commission Act, 1956 are not applicable and conclusive thereof. Therefore, the expression "schools" has to be read/interpreted in accordance with the principles governing interpretation of statutes/contracts/ documents.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -48-
62. As per literal rule of interpretation the expression "schools" has to be given the ordinary meaning assigned to the same. In Chambers 21st Century Dictionary (2000 Reprint) meaning of "School" is mentioned at page no. 1256 as "1 A place or institution where education is received especially primary and secondary education. 2... A place or institution offering instruction in a particular field or subject, often part of a university". In Webster Comprehensive Dictionary International Edition Volume Two meaning of "School" is mentioned at page 1126 as "1 An educational institution ... 5 A subdivision of a university devoted to a special branch of higher education: A school of education, medicine etc...". In Oxford Dictionary of English Third Edition meaning of "School" is mentioned at page 1592 as "1 An institution for educating children... 2 Any institution at which instruction is given in a particular discipline: a dancing school".
63. It is evident therefrom that the expression "School" is not exclusively confined to educational institutions for primary, secondary and senior secondary education and is more often than not used for educational institution giving higher education under university. Reference in this regard may be made to some educational institutions which are imparting higher education under university but are named as Schools i.e., (i) Delhi School of Economics, (ii) OP Jindal Global School of Law, (iii) National School of Drama,
(iv) School of Open Learning, Delhi University (v) University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University and we do not want to multiply reference to such institutions any further.
64. Keeping in mind the background and object of framing of the CPCB Guidelines dated 07.01.2020 the expression "School" cannot be read within confines of its narrow meaning and has to be given wider interpretation of being an educational institution so as to include "college". O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -49-
65. The reason/justification assigned by respondent no. 4 for exclusion of colleges from applicability of CPCB Guidelines dated 07.01.2020 on the ground of age of students being above 18 years of age and their ability to save themselves due to being adults does not appear to us to be sound. The object of prescription of 50mx50m or 30mx30m siting criteria is to locate new Petrol Pump/Retail Outlet at safe distance from schools, which are considered to be sensitive location in view of presence of large number of students, teachers, non-teaching staff members, so that any accidental fire/explosion taking place there does not endanger the safety/lives of students, teachers, non- teaching staff members. The reason/justification for considering schools to be sensitive locations will be equally applicable to colleges also in view of presence of large number of students, teachers, non-teaching staff members any danger to whose safety/lives has to be weighed with the same scale and different scale cannot be applied to them on the ground of being above 18 years of age and their ability to save themselves due to being adults as highlighted by respondent no.4-Pushpesh Passi. As sensitivity of the location is considered not with respect to age of occupants and their related ability to save themselves but with respect to sensitivity of the place due to potential danger to safety/lives of large number of persons minor or major, exclusion of colleges on the ground of age of occupants and their related ability to save themselves will be absurd. In order to suppress/redress the intended mischief and to achieve the patent object of the CPCB Guidelines 07.01.2020, wider meaning of the expression "schools" has to be preferred to the narrow meaning thereof so as to include "colleges".
66. It may be observed here that in Government of Uttarakhand Housing Section-2 notification No.V-2/21/11 (L.U.C.)/2003 T.C. Dehradun dated 05.10.2021 College has also been included with School and said notification mandates minimum distance of 50 m from residential area/building, O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -50- school/college, hospital which could be 30 m if the safety standards prescribed by PESO are complied with. Government of Uttarakhand has equated colleges with schools for compliance with the siting criteria for new petrol pumps/retail outlets.
67. We accordingly hold that the expression "schools" in para H of CPCB Guidelines dated 07.01.2020 includes "colleges".
68. Hon'ble Supreme Court vide order dated 14.03.2023 passed in Civil Appeal No. 421 of 2022 Indian Oil Corporation Limited V/s V.B.R Menon & Ors [2023 SCC On Line SC 257] emphasized that CPCB Guidelines dated 07.01.2020 are to be strictly adhered to.
69. In compliance to the order of the Hon'ble Supreme Court, CPCB has also issued Office Memorandum dated 16.06.2023 directing all the SPCBs in the States and PCCs in the Union Territories to ensure that CPCB Guidelines dated 07.01.2020 are strictly adhered to.
70. Respondent no.7 had issued Policy Circular No. 143-01/2009 dated 21.01.2009 which was amended by Policy Circular No. 176-09/2010 dated 17.09.2010 whereby minimum plot size for establishment of new petrol pump was fixed as 20 m x 20 m.
71. MoRTH issued guidelines/ norms for grant of permission for construction of access to fuel stations, wayside amenities, connecting roads, other properties, rest area complexes and such other facilities vide notification No. RW/NH--33023/19/99-DO-III dated 24.07.2013. MoRTH issued another notification no. RW/NH-33032/01/2017-S&R(R) dated 26.06.2020 mentioning the plot size for petrol pumps in respect to Rural areas, Urban Areas and Hilly and Mountain terrain as 35mX35m, 30mX30m and 20mX20m respectively. Notification no. RW/NH-33032/01/2017-S&R(R) O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -51- dated 26.06.2020 was amended by MoRTH on 28.01.2021 to relax minimum plot size to be 20mx20m as clarified by respondent no. 8 in its reply.
72. Question arises is as to whether notification issued by MoRTH and policy circular issued by IOCL prescribing minimum plot size of 20mx20m for location of new Petrol Pump/Retail Outlet is violative of order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and CPCB Guidelines dated 07.01.2020.
73. It may be observed here that CPCB Guidelines dated 07.01.2020 apply to new Petrol Pump/Retail Outlet construction of which was started after 07.01.2020 and after 07.01.2020 new petrol pump/retail outlet in the vicinity of Schools, Hospitals (10 beds and above) and residential areas designated by local laws have to satisfy the land requirement of 50mX50m or 30mX30m in case of constraints in arranging plot measuring 50mX50m and implementation of additional safety measures. CPCB Guidelines dated 07.01.2020 do not make any distinction in Rural and Urban areas and Hilly and Mountain terrain and apply with equal force to the same. The notification issued by MoRTH and policy circulars issued by IOCL have to comply with the same and therefore notification issued by MoRTH and policy circular issued by IOCL have to be amended with respect to their applicability with effect from 07.01.2020.
74. Notification issued by MoRTH and circular issued by IOCL after 07.01.2020 have to clearly mention that generally new petrol pumps/Retail Outlets can be located beyond a radial distance of 50 m (from fill point/ dispensing unit/ vent pipe whichever is nearest) from schools, hospitals (10 beds and above) and residential areas designated as per the local laws and only exceptionally in case of constraints in complying with 50 m distance criteria, new petrol pumps/ Retail Outlets can be located at the distance of O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -52- not less than 30 meters from schools, hospital (10 beds and above) and residential area designated as per local laws on implementation of additional safety measures as prescribed by the PESO and notification issued by MoRTH and circular issued by IOCL after 07.01.2020 without such specific stipulation will be violative of order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 and CPCB Guidelines dated 07.01.2020.
75. It follows that plot size of 20 m x 20 m for establishment of new petrol pump fixed by notification issued by MoRTH and policy circular issued by IOCL being violative of order dated 18.01.2019 passed by this Tribunal in O.A. No. 86/2019 Gyanprakash@Pappu Singh Vs. UoI & Ors. and also Guideline "H. Siting Criteria of Retail Outlets" of CPCB Guidelines dated 07.01.2020 issued by CPCB which by necessary implication require minimum plot size of 30 m x 30 m with effect from 07.01.2020 need to be reviewed/modified by MoRTH and IOCL accordingly.
76. The questions which next arise are whether siting criteria for new Petrol Pump/retail outlet laid down in Point H of CPCB Guidelines dated 07.01.2020 is applicable to the proposed Petrol Pump and whether respondent no. 7 is entitled to grant of NoC for setting up of the same as proposed in the land in question.
77. In the present case new petrol pump/retail out let is proposed to be set up on plot property ID no.131C4U3 measuring 66ftx66ft situated between Jagadhri bus stand to Agrasen Chowk at KM0.243(LHS) RD+1.400 (RHS) on Jagadhri Ponta Sahib Section of NH 73A in village and Tehsil Jagadhri, District Yamuna Nagar belonging to respondent no.3 Hindu Girls College/School, Jagadhri.
78. Respondent no.4- Pushpesh Passi took the land in question on lease from respondent no.3 Hindu Girls College/School, Jagadhri for 30 years on O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -53- rent of Rs.90,000/- per month. The Managing Committee of the society Hindu Girls High School and Hindu Girls College, Jagadhri in its meeting dated 24.03.2021 passed Resolution for leasing of the land for the purpose of setting up of petrol pump. Lease Deed no. 1655 dated 02.06.2021 was executed in favour of Respondent no.4- Pushpesh Passi by respondent no.3-Hindu Girls College/School, Jagadhri through Executive Member Mr. Jagbir Singh authorized by the Managing Committee vide resolution dated 24.03.2021. Clause no. 3 in the lease deed permitted Respondent no.4- Pushpesh Passi to use the land in question for establishment of petrol pump.
79. The Applicant has submitted that the distance between petrol pump and college is only 5-10 meters as the land (where petrol pump is being set up) is situated in the premises of college and beside the land for petrol pump there is auditorium of college which can hold 1500 students at a time. The hostel of the college is also situated adjacent to the land in question.
80. Learned Counsels for respondents no. 4 and 7 have argued that respondent no. 3 was not subject to any restriction from any authority barring it from leasing out and permitting lessee to sub-lease the land in question for setting up of petrol pump and there is no legal restriction on/bar to use by respondent no.4 of the land in question for setting up of petrol pump.
81. Vide order dated 17.08.2023 this Tribunal directed the District Magistrate, Yamuna Nagar to look into as to whether as per terms and conditions of the allotment/lease in favour of the college/school for propagation of education to the girls, the installation of petrol pump within the campus of school/college is permissible or not and whether installation of petrol pump in the campus violates the basic principles of installation of Educational Institution.
O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -54-
82. The District Magistrate, Yamuna Nagar vide letter no.462/PLA dated 22.09.2023 constituted a Joint Committee comprising (i) Additional Deputy Commissioner, Yamuna Nagar, (ii) Sub Divisional Magistrate, Jagadhri, (iii) Regional Officer, HSPCB, Yamuna Nagar and District Higher Education Officer, Yamuna Nagar which submitted report vide letter no.1255 dated 10.10.2023. In the report the joint committee mentioned that the Principal Hindu Girls College, Jagadhri submitted sale purchase documents vide letter dated 05.10.2023 and as per the conditions of sale deed there is no objection in setting up of petrol pump on the said land.
83. However, it may be observed here that the Joint Committee constituted by this Tribunal vide order dated 31.05.2023 submitted report dated 28.06.2023 that the distance of the auditorium situated in the college premises was measured on the spot by the revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was found approx 11.3 meter which is not fulfilling the criteria laid down by CPCB Guidelines dated 07.01.2020.
84. The joint committee constituted by the District Magistrate, Yamuna Nagar vide letter no.462/PLA dated 22.09.2023 also mentioned in its report submitted vide letter no.1255 dated 10.10.2023 that the distance of the auditorium situated in the college premises was measured on the spot by the revenue department from the proposed vent pipe location shown in the drawing of the retail outlet and same was again found approx 11.3 meter which is not fulfilling the criteria laid down by CPCB memorandum dated 07.01.2020 and the petrol pump cannot be established on the land in question as it violates point No. H of CPCB Guidelines dated 07.01.2020.
85. It may be observed here that the Joint Committee constituted by this Tribunal has mentioned in its report dated 28.06.2023 that in the original O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -55- layout plan submitted by IOCL with application for grant of NOC the presence of an auditorium within 11.3 meters of the proposed retail outlet was not shown.
86. Since said report raised the question as to concealment of material facts by respondents no. 3, 4 and 7, this Tribunal, vide order dated 20.08.2024, directed the production of the original records related to the grant of NOC and also impleaded the Deputy General Manager (Retail Sales), Panipat, as Respondent No. 7.
87. The District Magistrate, Yamuna Nagar produced the original record which was returned while retaining photo stat copy of the same on record.
88. Respondent no. 7 filed reply dated 23.09.2024 denying any concealment of facts pleading as to relevant information not being available with it as referred to hereinabove.
89. Learned Counsel for respondent no. 7 has argued that the initial drawing/layout submitted to the District Magistrate, Yamuna Nagar, for the grant of the NOC clearly indicated the presence of "Hindu Girls College Land"
around the Retail Outlet site. At the time of submission of application for NOC, Respondent no.7 had no access to, nor knowledge of, the internal facilities of the college or their specific uses. As such, further detailed indications regarding the internal layout of the college were not included in the submission, as this information was neither available nor accessible to Respondent no. 7 and the purpose of the buildings in the college premises was not known to Respondent no. 7. Consequently, further detailed indications were not provided in the layout. Additionally, the drawing/layout, which was duly approved by the District Magistrate, Yamuna Nagar, was prepared by an NHAI-approved consultant and is fully compliant with NHAI norms. This approved layout clearly identifies the presence of Hindu College, O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -56- with the access point to the college marked as "Hindu College Gate." There has been no suppression or misrepresentation of material facts by Respondent no.7 in the drawings/layout submitted for the purpose of obtaining the NOC.
90. This submission is devoid of any merit as the distance of the auditorium building would have been visible to even the naked eye. Photographs filed with the report dated 28.06.2023 of the Joint Committee constituted by this Tribunal vide order dated 31.05.2023 conclusively establish this fact. In the facts and circumstances of the case, we are of the considered view that there was deliberate concealment of facts regarding the auditorium building by respondent no.7 in the original layout plan which disentitles respondent no.7 to grant of NOC for setting up of new Petrol Pump/Retail outlet on this ground.
91. Respondent no. 3 has also deliberately misrepresented the facts before this Tribunal by submitting that respondent no.4 Pushpesh Passi Jagadhri has taken the farthest, vacant, non-useable land of the college on lease for installation of petrol pump; the area is far from the college playground and mess; the building called auditorium and the girl's hostel is vacant; no student is residing in the hostel building for the last 08 years. The applicant has disputed correctness thereof and submitted that recently convocation was held in the auditorium. Respondent no. 3 has also deliberately absented from the proceedings to avoid any liability for the same. Respondent no.3 has tried to justify lease of land in question as revenue generating measure for sole utilization for the welfare of girl students of the college but the facts pleaded by respondent no.3 regarding vacant, non- useable land of the college, the building called auditorium and the girl's hostel being vacant and no student residing in the hostel building for the last 08 years raise serious doubts regarding the bonafides, competence, efficiency of O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -57- the Members of the Managing Committee and disclose lack of proper management in Hindu Girls College and School, Jagadhri. Haryana Government is directed to look into these aspects and consider the desirability of taking appropriate action for proper management of the Hindu Girls College and School, Jagadhri in accordance with law.
92. It may also be observed here that even in the report submitted vide letter no. 73/MC dated 19.04.2023 the concerned Revenue Officers and Officials had deliberately given factually wrong report as to Hindu Girls College being situated at the distance of 100 meters and no school, hospital or residential house being situated within 100 meters whereas auditorium and hostel buildings were situated within distance of 100 meters. Haryana Government is directed to take appropriate disciplinary action against the erring Revenue Officers and Officials in accordance with law.
93. Action taken report may be filed by concerned Head of Department in Haryana Government in this regard before learned Registrar General of this Tribunal within six months.
94. Since we have held that the expression "Schools" in Point no. H of CPCB memorandum dated 07.01.2020 includes "colleges", CPCB memorandum dated 07.01.2020 will be applicable in the present case and proposed new Petrol Pump cannot be permitted to be set up in the land in question measuring 20mX20m as the same does not meet even 30mx30m siting criteria prescribed by CPCB Memorandum dated 07.01.2020.
95. Even if the expression "schools" be interpreted not to include "colleges", even then it may be observed that proposed new Petrol Pump is to be set up not in land abutting college/school but in land owned and possessed by college/school within the campus thereof. In lease deed no. 1655 dated 02.06.2021 reference is made as to Hindu Girls College and School, Jagadhri O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -58- being joint owners in possession of the land in question which is also mentioned first party therein and executed the sale deed through Executive Member Mr. Jagbir Singh. Consequently, location of new Petrol Pump in the land in question jointly owned and possessed by Hindu Girls High School will not be permissible.
96. Even Otherwise, it may be observed that in report submitted vide letter no. 73/MC dated 19.04.2023 it was mentioned that as per revenue record the land in question is part of abadi deh. Consequently, the land in question is covered by the expression "residential area designated by local laws" and the siting criteria laid down by Point H of CPCB Guideline dated 07.01.2020 will be applicable to the case and in view thereof, proposed new Petrol Pump cannot be permitted to be set up in the land in question as the same does not meet even 30mx30m siting criteria prescribed by CPCB Guidelines dated 07.01.2020.
97. In view of the above, the original application deserves to be allowed and is allowed accordingly and application submitted by respondent no.7 for grant of NOC is held to be liable to be declined and NOC dated 15.05.2023 issued by the District Magistrate, Yamuna Nagar is liable to be set aside and it is so ordered accordingly.
98. The District Magistrate, Yamuna Nagar is directed to dispose of the proceedings, if any pending before him, in accordance with the observations made by this Tribunal.
99. However, in view of the facts and circumstances of the present case and similar cases coming up before this Tribunal, we are also of the considered view that the expressions "schools, hospital (10 beds and above) and residential area designated as per local laws" used in CPCB Guidelines dated 07.01.2020 purport to be exhaustive whereas the same ought to be O. A. No. 408/2023 Harvinder Singh Vs. & State of Haryana & Ors -59- illustrative conferring some discretion to take into consideration, instead of ignoring, similar sensitive installations/locations and the CPCB Guidelines dated 07.01.2020 need to be reviewed to include other similarly sensitive installations/locations.
100. Accordingly, Ministry of Petroleum and Natural Gas (MoP&NG) and CPCB are directed to review CPCB Guidelines dated 07.01.2020 by constituting Expert Committee and circulate the same to all concerned authorities within six months for strict compliance.
101. A copy of this order may be sent to the Secretary, MoEF&CC, Secretary, MoRTH and Secretary, MoP&NG, Government of India, Chief Secretary, Government of Haryana, Member Secretary, CPCB, Chairman, IOCL and District Magistrate, Yamuna Nagar by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 21st, 2025 AG