Are CPCB Guidelines On Petrol Pump Establishment Mandatory? Supreme Court Refers To Larger Bench

The Supreme Court recently referred to a larger Bench the issue of whether the siting criteria prescribed by the Central Pollution Control Board for setting up petrol pumps are mandatory, in view of a conflict with local zoning regulations.

A bench of Justice Sanjay Kumar and Justice K Vinod Chandran was dealing with appeals concerning guidelines issued by the Central Pollution Control Board in its Office Memorandum dated January 7, 2020 for establishment of new petrol pumps.

The guidelines were framed pursuant to directions of the National Green Tribunal to regulate the environmental impact of petrol pumps.

The guidelines prescribe several environmental safeguards. They require new petrol pumps to be set up at a minimum radial distance of 50 metres from residential areas, schools and hospitals, with an absolute minimum of 30 metres even in constrained situations.

They also mandate pollution control measures such as underground storage tanks with leak detection systems, spill containment mechanisms, and monitoring of soil and groundwater contamination.

The guidelines further provide for installation of vapour recovery systems in high-volume outlets to control emissions, along with safety measures such as auto cut-off nozzles, emergency shut-off systems and regular audits of equipment.

The dispute arose from petrol pumps permitted in residential areas in Dehradun. The NGT held that the CPCB guidelines would apply even if steps to set up the outlet had been taken before their issuance, and rejected the contention that prior approvals would exempt compliance.

The Tribunal found that the sites in question did not meet the siting criteria, as residential areas were located within the prohibited distance, and directed authorities to take action. This order was challenged before the Supreme Court.

The Supreme Court in Indian Oil Corporation Limited v. V.B.R. Menon, had directed strict adherence to the CPCB guidelines and required State Pollution Control Boards to act against violations.

However, in the present case, the Court noted that State zoning regulations permit petrol pumps even in residential areas subject to approvals. It observed that this aspect was not placed before the CPCB when the guidelines were framed, leading to a conflict between the guidelines and local regulations.

The Court said that this conflict makes it difficult to give effect to the siting criteria in residential zones. It also observed that since the guidelines do not provide for exceptions, it is difficult to treat them as mandatory rather than advisory.

Noting that its earlier judgment indicates otherwise, the Court directed that the matter be placed before the Chief Justice of India for constitution of a larger Bench.

“In the light of the dictum in the CPCB guidelines as opposed to the extant zoning regulations governing local bodies, it would be difficult to give effect to the 'siting criteria' as per the CPCB guidelines within residential zones. No exception being permitted in the guidelines, it would be difficult to hold that the same are mandatory in nature and not merely advisory. As the judgment in Indian Oil Corporation Limited (supra), indicates to the contrary, we are of the opinion that it would be appropriate that a larger Bench considers the issue comprehensively and conclusively”, the Court stated.

Case no. – Civil Appeal No. 6933/2022

Case Title – Shakuntala Devi v. Roshan Joshi & Ors.