National Green Tribunal Directs Central Pollution Control Board To Prepare SOP For Establishment Of Petrol Depots

The Eastern Zone bench of National Green Tribunal (NGT) has directed the Central Pollution Control Board to prepare a Standard Operating Procedure (SOP) for establishment of petrol depots, on finding that there is no SOP with regard to the establishment of petrol depots apart from petrol pumps or retail outlets.

The Tribunal was hearing the application filed by the resident of Sikkim Yodh Bdr. Thapa, alleging that Bharat Petroleum Corporation Limited (BPCL) is setting-up a petrol depot adjacent to the plot of the applicant.

The bench of Justice B.Amit Sthalekar, Dr.Afroz Ahmed (Expert Member) said that, “It appears that the District Administration while issuing the NOC has not taken into consideration the fact that the Depot is situated in a mountainous urban area where the residential establishments are situated not only to the right, left and in front of the Depot but also above the Depot on the hill side…the District Administration has not applied its mind to the horrendous scene that would unfold, if an accident were to occur at this Petrol Depot. There would be untold loss of human lives other than a precipitous environmental disaster.”

The applicant contended that the said Petrol Depot is being set-up in violation of the Siting Criteria laid down by the Central Pollution Control Board (CPCB) in 2020.

The counsel for applicant highlighted that as per the Siting Criteria laid down by the CPCB in 2020 Notification, petrol pumps/new retail outlets shall not be located within a radial distance of 50 meters from the dispensing units or vent pipe( whichever is nearest) from schools, hospitals and residential areas.

However, it was admitted that BPCL is not setting up a petrol retail outlet but a petrol depot having a capacity of 1065 KL equivalent to 10,65,000 liters of petrol. Therefore, the CPCB guidelines of 2020 have no application in the present case.

Thereafter, the applicant submitted that no Standard Operating Procedure has been prepared by the Sikkim State Pollution Control Board or even by the State Administration regarding siting criteria for installation of Petrol Depots, other than petrol pumps or retail outlets to ensure safety of residential or commercial areas in the State of Sikkim.

The respondent Petroleum and Explosives Safety Organization (‘PESO’) submitted that licence to import & store petroleum at an installation was granted to BPCL, by PESO on the strength of NOC issued by the District Collector, East Sikkim in 2000.

Also the licence for Service Station or Petroleum Retail Outlet was granted to them in 2014 on the strength of the NOC issued by the District Magistrate, East Sikkim.

After hearing the parties the Tribunal found that there is no Standard Operating Procedure with regard to establishment of Petrol Depots as distinguished from petrol pumps or retail outlets.

NGT opined that the District Administration while issuing the NOC has not taken into consideration the fact that the Depot is situated in a mountainous urban area where the residential establishments are situated not only to the right, left and in front of the Depot but also above the Depot on the hill side.

Furthermore the Tribunal observed that, it appears that the District Administration has not applied its mind to the horrendous scene that would unfold, if an accident were to occur at this Petrol Depot. There would be untold loss of human lives other than a precipitous environmental disaster.

The Tribunal found that on the Spot Verification Report of the SDM, Rangpo stated that the Petrol Depot site in question is situated 15 ft. from the boundary wall of the Applicant, 24 ft. away from its office and 64 ft. away from its dispensing Unit.

In this view of the matter, even if assuming that the 2020 CPCB were applicable, the siting of the retail depot in question is in violation of the siting criteria given therein, Tribunal opined.

In light of the above NGT has directed the Central Pollution Control Board to examine this issue and prepare Standard Operating Procedure for Petrol Depots within three months.

Till such Standard Operating Procedure is evolved and put in place NGT has restrained BPCL from carrying out any construction activity.

Case Title: Yodh Bdr. Thapa v. BPCL & ors.

Counsel for Applicant: Mr. Akshar Bhatt,Mr. Sajal Sharma.

Counsel for Respondents: Mr. Vikram Wadehra, Mr. Mayukh Roy, Ms. Vani V. Chhetri, Mr. Surendra Kumar, Mr. Apurba Ghosh.

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