National Green Tribunal: Petrol Pump Siting Criteria

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 1, Cited by 0 ] ### National Green Tribunal

Hrida Ynath Yashw Ant Ta Wade vs Union Of India on 20 March, 2026

Item No.10 (Pune Bench)

             BEFORE THE NATIONAL GREEN TRIBUNAL
                 WESTERN ZONE BENCH, PUNE
          [THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

          ORIGINAL APPLICATION NO.181 OF 2023 (WZ)

Hridaynath Yashwant Tawade
.....Applicant

                                   Versus

Union of India & Ors.
....Respondents

Date of hearing: 20.03.2026

CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER

Applicant : Mr. Alankar Kirpekar, Advocate
Respondents : Mr. Pushkal Mishra, Advocate for R-1/MoEF&CC
Mr. Aniruddha Kulkarni, Advocate for R-2/ CPC B
Mr. Manoj Wad and Associates for R-3/CIDCO
Mr. Atul J. Pathak, Advocate for R-4/PESO
Mr. D.M. Gupte, Advocate for R-5 & 6
Mr. Aniruth Angaal, Advocate i/b.
Mr. S.V. Abhang, Advocate for R-7
Mr. Saurabh Kulkarni, Advocate along-with
Mr. Adwait Gokhale, Advocate for R-8

                                ORDER 1.    Learned counsel for Respondent No.7- Indian Oil Corporation Ltd.

prays for one week's time to be allowed to file objection against the Joint

Committee Report as well as the reply to the main application. We grant

him the said time for the same.

1. Learned counsel for Respondent No.8- Bharat Petroleum

Corporation Ltd. has filed reply affidavit dated 16.03.2026, wherein it is

submitted that as per the Guidelines dated 07.01.2020 of the CPC B for

setting up of new petrol pump, 50/30 metres distance from Schools, Page 1 of 7 Hospitals (10 beds and above) and Residential area (designated as per

local laws), is to be considered from the source of emissions (fill

point/dispensing units/vent pipe which is the nearest). In light of this

clarification, the Joint Committee has erred in arriving on a conclusion

that the plots are not satisfying the siting criteria as the distance has been

wrongly measured from the boundary of the allotted plot.

1. Further, it is mentioned in this affidavit by Respondent No.8 that the CPC B Guidelines dated 07.01.2020 explicitly provide that in case of

"constraints in providing 50 meters distance", the retail outlet shall

implement additional safety measures as prescribed by the PESO and that

Respondent No.8 remains committed to implement all such mandatory

safety measures to mitigate any risks. Further, it is mentioned that the

Joint Committee correctly noted that the plot was erroneously identified as

Plot No.49 in previous filings, whereas the actual allotted site is Plot

No.53.

1. Further, it is mentioned in this affidavit by Respondent No.8, with

respect to the observation of the Joint Committee that the construction

was underway without PESO's approvals, that all internal processes for

safety compliance are strictly followed. The Committee classifies nearby

areas as "surface water bodies". However, the Answering Respondent has

submitted that these are man-made holding ponds designed for storm

water drainage by the CIDCO and are not natural water bodies as per the

revenue records. Therefore, the Addendum dated 16.08.2021 to the CPC B

Guidelines of 50m buffer for natural water bodies should not apply.

Further, it is submitted that absolute adherence to a 50m buffer in high-

density urban zones would make it impossible to provide essential fuel

services to the public. Considering the importance of petrol pumps as

public utility services, the Govt. of Maharashtra vide G.O. dated Page 2 of 7 03.12.2009 directed all Municipal Corporations to incorporate in their

Development Control Rules that the change of user of lands, which are

earmarked for filling and service station of petrol, diesel, CNG or any other

motor vehicle fuel, should not be allowed.

1. Further, it is mentioned in this affidavit by Respondent No.8 that for

urban "designated residential areas," the focus should be more on

stringent safety protocols and technological interventions (like Vapour

Recovery Systems and secondary containments) which the Answering

Respondent is ready to install for the retail outlets in the allotted plots.

1. Further, it is mentioned in this affidavit by Respondent No.8 that

the Plot No.132+143+144, Sector 9, New Panvel (E), Navi Mumbai was

lawfully allotted to the Answering Respondent by the CIDCO on

12.11.2021, following a successful bid, and a formal agreement to the

lease was executed on 26.03.2024 for a term of 60 years. The Answering

Respondent took formal possession of the 1,421.00 sq. meter plot on the

same day. Further, it is submitted that the Answering Respondent

obtained prior approval from the Petroleum & Explosives Safety

Organisation (PESO) on 30.09.2024 for the proposed retail outlet. The

Office of the Commissioner of Police, Navi Mumbai issued 'No Objection

Certificate (NOC)' under Rule 144 of the Petroleum Rules, 2002 on

24.01.2025 after verifying public safety interests, including proximity to

schools and hospitals. A formal license was subsequently granted by the

PESO on 19.03.2025, which is valid till 31.12.2029, for a total storage

capacity of 130.00 KL. Subsequent thereto, the Answering Respondent

has erected retail outlet at the said plot and is currently operational.

1. Further, it is mentioned in this affidavit by Respondent No.8 that

the 30m/50m siting criteria should be measured from the fill point, Page 3 of 7 dispensing units, or vent pipe, whichever is the nearest to the sensitive

structure, and not from the plot boundary. The "water bodies", mentioned

in Committee's remarks, are man-made holding ponds, which are part of

the city's storm water drainage system and do not constitute natural water

bodies under the revenue records. Further, it is submitted that as per [the

CPC](https://indiankanoon.org/doc/161831507/) B Guidelines dated 07.01.2020, new retail outlets must maintain a

radial distance of 50 meters from schools, hospitals and residential areas.

However, in cases of constraints, a minimum distance of 30 meters is

permitted, provided additional safety measures are implemented. In

compliance with the minutes of meeting of the Secretary, DPIIT

(Department for Promotion of Industry and Internal Trade) on 25.07.2024,

the Answering Respondent has made additional safety measures for retail

outlets in the allotted plots to the effect (i) construction of a 230 mm thick

boundary wall; (ii) Placement of all underground tanks in concrete pits;

(iii) Installation of Vapour Recovery Systems (VRS) as per the CPC B

norms; and (iv) Strategic placement of tanker unloading platforms away

from the sensitive boundaries.

1. A perusal of the above affidavit of Respondent No.8 would indicate

that Respondent No.8 has already set up a petrol pump at Plot

No.132+143+144, Sector 9, New Panvel (E), Navi Mumbai, which is

lawfully allotted by the CIDCO in its favour on 12.11.2021 and therefore,

Respondent No.8 is claiming that the siting distance should be measured

from the fill point/ dispensing units or vent pipe, whichever is the nearest

to the sensitive structure, and not from the plot boundary.

1. According to the learned counsel for Respondent No.8, the siting

distance has been measured by the Joint Committee from the plot

boundary instead of vent. Therefore, we have to decide as to whether the

Joint Committee Report in this regard would be upheld or needs to be set Page 4 of 7 aside or the Joint Committee may be directed that they will measure the

siting distance from the vent.

1. Learned counsel for Respondent No.3- CIDCO has filed reply

affidavit dated 23.02.2026, wherein it is submitted that an advertisement

for the plots to be allotted was issued on 15.08.2021, while an Addendum

to the Guidelines dated 16.08.2021 was issued one day's thereafter. So,

whatever stipulation is made in the Addendum with respect to the

distance criteria from the water bodies for the petrol pump would not be

applicable in the case in hand.

1. Further, it is mentioned in this reply affidavit by Respondent No.3

that Annexure- A demonstrates that man-made water bodies are slightly

affected by the fuel stations. In this regard, we enquired from learned

counsel for Respondent No.3 as to which Annexure- A is being referred

here, he has drawn our attention to page no.280 of the paper book, in

which the distance is measured from the boundary of the plot. Therefore,

it is useless to consider this as the guidelines required for the distance to

be measured from the vent and not from the plot boundary.

1. Further, it is mentioned in this reply affidavit by Respondent No.3

that the water bodies were built by the CIDCO as Holding Pond, a water

channel for holding the storm water which later was connected to the

nearest creek. Such types of water bodies are needed in the Navi Mumbai

city to avoid flooding etc. These water bodies are man-made and not

natural water bodies as per the revenue record.

1. Further, it is mentioned in this reply affidavit by Respondent No.3

that the Joint Committee has not mentioned about the location of vent

point/dispensing units/vent pipe within fuel station plot and the distance

of affected plots are measured from the plot boundary and not as per the Page 5 of 7 Building line/ Marginal Open Spaces. Thereafter, after finalization of the

location of vent point/ dispensing units/vent pipe within the plot and

considering the building lines of the affected plots, the affected plots may

fall outside buffer.

1. In the above affidavit of Respondent No.3, in order to divert our

attention in different field, it is mentioned that the Regulation No.6.2.2,

Table No.6E, serial no.6 Fuel Station, column no.4 (Minimum Marginal

Distances) of Chapter 6 of sanctioned Unified Development Control &

Promotion Regulation 2020 (UDCPR 2020), pertains to fuel stations

requiring to have the minimum 4.5 M to be left from all sides of the plot as

Marginal Open Spaces. But we fail to understand as to why the above

provision is being cited here when there is specific case that CPC B

Guidelines are to be followed.

1. Further, it is mentioned in this reply affidavit by Respondent No.3

that referring the buffer criteria for setting up petrol pumps, it is observed

that in many urban areas/ layouts developed or in planned cities, petrol

pumps/ fuel station plots are in midst of the layout surrounded by

residential and other plots having different uses. Therefore, the citing

criteria of fuel station needs to be revised and should be based on safety

measures. Further, it is mentioned that in urban areas, for establishing

petrol pumps, it is difficult to adhere to the siting criteria of 30/50 m

buffer considering ongoing surrounding development.

1. It is quite evident from the above affidavit of Respondent No.3 that

they are of the view that the Guidelines of the CPC B need to be revised

and by that, it is presumed that it is likely that they want to communicate

that these Guidelines cannot be adhered to in the case in hand, although

learned counsel for Respondent No.3 has denied orally that they mean the Page 6 of 7 same by these submission. But we direct that a clear affidavit be filed by

Respondent No.3, stating therein as to whether the plots, which are

allotted to the other Respondents for setting up of petrol pump, are in

consonance with the Guidelines of the CPC B, particularly, with respect to

the distance criteria from the vent. Let the said affidavit be filed by

Respondent No.3 within two weeks and a copy of the same be also served

upon all the other parties in advance.

1. Put up this matter for further consideration on 19.06.2026
   
                                            Dinesh Kumar Singh, JM
   
                                       Dr. Sujit Kumar Bajpayee, EM
   

March 20, 2026
ORIGINAL APPLICATION NO.181 OF 2023 (WZ)
P.Kr.

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