HPCL in spot over fuel station between apartments in Mangaluru

Bengaluru: The Hindustan Petroleum Corporation Limited (HPCL) has come under scrutiny for its fuel station set up between two apartments in Mangaluru, violating environmental rules in a case highlighting the safety challenges posed by rapid urbanization.

In an interim order, the National Green Tribunal’s (NGT) southern zone bench has restrained HPCL from making retail sales of petroleum products, emphasizing the need to ensure safety.

HPCL had sought a no-objection certificate (NOC) from the Petroleum and Explosives Safety Organisation (PESO) in December 2018 to establish a fuel station in Mangaluru Thota village, Mangalore taluk.

In October 2019, an NOC was issued for compressed natural gas (CNG). By the time the corporation received a comprehensive NOC from the Mangaluru police commissioner in 2021, new siting rules had been enforced. In March 2023, a representation was made to cancel the NOC. PESO issued the final NOC to the outlet to dispense petroleum products in April 2023.

Meanwhile, before the commencement of operations at the outlet, the Central Pollution Control Board (CPCB) revised its guidelines in January 2020, mandating a 50-meter distance from residential units, hospitals, and schools. A 30-meter distance was allowed where constraints made a 50-meter space impossible.

A bench consisting of Justice Pushpa Sathyanarayana and Satyagopal Korlapati noted that the outlet in question was "sandwiched between two residential apartments," and authorities should have considered the new CPCB guidelines before issuing the final NOC.

The applicant argued that applying these CPCB guidelines should have prevented the outlet from receiving prior approval from PESO and other authorities.

HPCL produced receipts dated March 30, 2024, to argue that they had already commenced dispensing petrol and diesel and that the application was barred by limitation. However, the applicant provided photographs showing improper access for motorists to enter the fuel station.

The bench directed HPCL to stop retailing petroleum products. "If the petroleum dispensing has already commenced, as it is in violation of the siting criteria, the operations have to be stopped," it stated, noting that HPCL had not clarified on retailing CNG at the outlet.

At this point, upon learning that the outlet is company-owned, the expert member recused himself from the case, which will now be placed before the NGT chairperson.

The bench proceeded with its interim order, stressing that protecting the environment and enforcing the siting criteria approved by the Supreme Court is necessary. While barring the sale, the bench permitted the company to transfer the stored petroleum products to another outlet.