NGT asks Pollution Control Board to issue clarification on setting up fuel pumps

The southern Bench told the CPCB to take into consideration environmental impact where local zoning regulations do not classify specific areas into residential or non-planning areas.

The National Green Tribunal asked the Central Pollution Control Board (CPCB) to clarify the rules, within local laws, regarding distance to set up fuel stations in areas that are not classified as residential areas, or where there are non-planning areas.

The Southern Bench of the NGT, headed by Justice K Ramakrishnan, passed this order after hearing three petitions on setting up fuel pumps in residential areas in Chennai and other areas in Tamil Nadu.

“There is no clarity in the guidelines given in such cases or what should be the distance criteria to be adopted for the purpose of establishing a new fuel retail outlet, and this is likely being exploited by the oil marketing companies (OMLs). This will affect the very purpose of providing siting criteria for the establishment of fuel outlets,” the bench said.

“In some cases, residential areas have not been classified by the zoning regulations and certain areas are kept as non-planning areas. There is no clarity in the guidelines given in such cases and what should be the distance criteria to be adopted for the purpose of establishing new Petroleum Retail Outlet and this is being likely used in their favour by the Oil Marketing Companies and that will affect the very purpose of the providing siting criteria for establishment of such Petroleum Retail Outlet,” the order said.

The NGT order stated that it was necessary that the CPCB looked at this issue again, and notified fresh clarifications. This official notification would be in addition to the existing circular issued on January 7, 2020. The order said that the subsequent circular issued in this regard must be based on the various directions issued by the NGT (both Principal Bench and Central Zone Bench) about what should be the distance to establish a new petrol retail outlet, where the local laws have not classified any residential area, or has marked non-planning areas.

The Bench further stated that a minimum distance criterion must be provided by the CPCB after considering the environmental impact of establishing such petroleum units in areas classified as commercial zone/mixed zone, as well. “So, we direct the CPCB to revisit the existing criteria and come with a proper notification/office memorandum,” the Bench said.