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 Item No.6:-                                                    Court No.1

               BEFORE THE NATIONAL GREEN TRIBUNAL
                    SOUTHERN ZONE, CHENNAI

                           (Through Video Conference)

                   Original Application No.167 of 2020 (SZ)


IN THE MATTER OF


      A. Vijayan
      S/o. Ayyakutty,
      Carol & Bharat Villai,
      Vijayapuram,
      Kirathoor Post,
      Kanyakumari District.
                                                              ...Applicant(s)
                                        Versus

   1. The District Collector
      Kanyakumari District,
      Nagercoil.

   2. The District Revenue Officer
      Collectorate Office,
      Kanyakumari District,
      Nagercoil.

   3. The Revenue Divisional Officer
      Vilavancode Taluk,
      Thuckalay,
      Kanyakumari District.

   4. The Deputy General Manager
      Indian Oil Corporation Limited,
      Southern Region,
      Indian Oil Bhavan,
      No. 139, Mahatma Gandhi Road,
      Nungambakkam High Road,
      Chennai - 600 034.

   5. The Divisional Manager
      Indian Oil Corporation,
      Kappallur, Madurai.

   6. The District Environment Engineer
      Tamil Nadu Pollution Control Board,
      Water Tank Road,
      Nagercoil, Kanyakumari District.





    7. Antony Vijayan
      S/o. Singarajan,
      Kalingarajapuram,
      Vallavilai,
      Kollemcode Post,
      Kanyakumari District.
                                                                   ....Respondent(s)


For Applicant(s):               None.

For Respondent(s):              Dr. D. Shanmuganathan for R1 to R3.
                                Mr. S. Sai Sathya Jith for R6
                                Mr. Abdul Saleem and
                                Mr. S. Saravanan for R4 & R5.
                                Mr. C. Godwin and
                                Mr. A. Maheshnath for R7.



Judgment Reserved on: 28th March, 2022.

Judgment Pronounced on: 01st July, 2022.


CORAM:

7. The 7th Respondent filed reply statement contending that the 5th respondent, Indian Oil Corporation had called for applications under Rural Development Scheme for the category of other backward classes for establishment of a Petroleum outlet in Kollencode Village Vilavankode Taluk on 25.11.2018. The 7th Respondent submitted his application along with others and he was selected as a successful bidder and award letter dated 05.04.2019 was issued in favour of the 7th Respondent for establishing the petroleum outlet in Kollencode village. The 5th respondent forwarded the award letter to the 2nd respondent/ District Revenue officer, Kanyakumari District to ascertain the feasibility of the site and for No Objection Certificate for establishing Petroleum Outlet in Survey Nos. 675/7 and 8A of Kollenkode B Village, Killiyoor Taluk. The 2nd respondent called for reports from the Superintendent of Police - Nagercoil, the Sub Collector - Padmanabhapuram, Tahsildar - Killiyoor Taluk, and the Divisional Fire officer - Nagercoil and received reports from them and also from the Tamil Nadu Pollution Control Board and issued a „No Objection Certificate' dated 15.06.2020 to the 5th respondent for establishing the petroleum outlet in Survey Nos. 675/7 and 8A of Kollenkode B Village, Killiyoor Taluk. The Petroleum and Explosives Safety Organization, Government of India had issued license for establishment of Petroleum Outlet to the 7th respondent on 31.08.2020. The 7th respondent had spent about Rs.70 lakhs including Rs.50 lakhs loan obtained from Federal Bank and established the Petroleum outlet and the same had commenced business on 01.10.2020. He denied the allegation that the petroleum outlet is situated within 8 meters from the residential house of the applicant and no consent was obtained from the nearby residents and other departments including the Local Authority. The house of the applicant is more than 30 meters away from the outlet. The Survey No.675 Kollenkode B Village is having an area of 5 acres and 80 cents. There are 4 houses including the house of the applicant in the entire 5 Acres and 80 cents and three house owners have given consent affidavit for establishing the petroleum outlet. The house of the applicant is located 8 meters from the compound wall of the petroleum outlet. Apart from this 10 feet lane is passing through between the compound wall of the applicant and the compound wall of the 7th respondent property. The area in which the Petroleum outlet is established is neither classified as residential area nor commercial area by the Local Authority. He denied the allegation that within the distance of 50 meters radius of the petroleum outlet, many residential houses and Matriculation School is situated. There was no school, hospital and residential complex situated within the radius of 50 meters from the petroleum outlet. They installed VRS, even though the same is not required since the sale of petroleum products from this outlet is less than 5 loads per month. A mass representation dated 15.03.2020 by the locals were made to the authorities welcoming the establishment of petroleum outlet in Kollenkode B village. The local body has issued a certificate that the area in which the petroleum outlet is established is not classified as residential area or commercial area which was produced along with the counter. As per CPCB guidelines, new petrol pumps cannot be established within 50 meters radius of a school, hospital or residential area and there was no school, hospital and residential complex situated within 50 meters radius from the Petroleum outlet. The applicant has filed this application because of his business rivalry at the instance of the nearby petrol pump owner and as such, there is no bonafide on the part of the applicant in filing the application and as such, the application is not maintainable. So, he prayed for accepting their contentions and dismissal of the application.

12. The Joint Committee has filed the report after conducting inspection of the area on 23.10.2020 pursuant to the order issued by this Tribunal and made the following observations and recommendations:-

"Joint Committee Report submitted to Hon'ble National Green Tribunal (SZ) with respect to its order dated 07/09/2020 in O.A. No. 167 of 2020 (SZ) filed by Thiru. A. Vijayan, Slo Avyakutty, Carol & Bharat Villai, Vijayapuram, Kirathoor Post, Kanyakumari District xxx xxx xxx Accordingly, the joint committee comprising of the Sub Collector, Padmanabhapuram, Kanniyakumari District as nominated by the District Collector, Kanniyakumari District and the District Environmental Engineer, Tamilnadu Pollution Control Board, Nagercoil had inspected the petrol pump site at Survey No. 675/7 & 675/8A, Kollencode 'B' Village, Killiyoor Taluk, Kanyakumari District on 23/10/2020 in the presence of Thiru. K. Chandar, Senior Manager (Retail Sales), Indian Oil Corporation Limited, Madurai Division, Thiru. A. Vijayan (Applicant), Slo Ayyakutty, Carol & Bharat Villai, Vijayapuram, Kirathoor Post, Kanyakumari District and Thiru. Antony Vijayan (Respondent unit), S/O Singarajan, Kalingarajapuram, Vallavilai, Kollencode Post, Kanyakumari District and the following observations were made.