Facts
The petitioner-in-person filed a Public Interest Litigation (PIL) challenging a tender floated by Indian Oil Corporation (IOC) for a new petrol pump at Badharghat Markfed Site, Agartala
Source reference: p. 2, para. 2The petitioner alleged the site violates the radial distance requirements established by Petroleum and Explosives Safety Organisation (PESO) guidelines for residential areas
Source reference: p. 3, para. 4Respondents 1, 2, and 7 (State authorities) contended that the No Objection Certificate (NOC) process, involving field-level inquiries and fire safety assessments, was still underway and no construction had commenced
Source reference: p. 3, paras. 5-6Issues
1. Whether the proposed establishment of the petrol pump violates safety guidelines regarding radial distance from residential areas, schools, and hospitals
Source reference: p. 3, para. 3-42. Whether the PIL is maintainable at the tender stage while statutory enquiries for NOCs are pending
Source reference: p. 6, para. 14Law Applied
The Petitioner relied on Petroleum and Explosives Safety Organisation (PESO) Circular No. C.VIII(3)125/Circular/Petroleum dated 09.09.2024, which adopted the CPCB guidelines of 07.01.2020; these rules mandate a 50-meter radial distance from sensitive zones but permit a minimum of 30 meters provided "additional safety measures" (e.g., 2-meter RCC boundary walls, concrete pits for tanks) are implemented
Source reference: p. 4-5, para. 10Rule 144 of the Petroleum Rules, 2002, regarding the District Magistrate's authority to grant NOCs following field inquiries
Source reference: p. 3, para. 5Reasoning
The Court observed that while the petitioner cited a violation of the 50-meter norm, the PESO circular specifically allows for a reduced distance of 30 meters if specific additional safeguards are met
Source reference: p. 6, para. 12The Court found that the responsibility to enforce these safeguards lies with the District Magistrate and the Fire and Emergency Services Department during the NOC and construction phases
Source reference: p. 6, para. 12Since the field survey and NOC assessments were currently in progress and no construction had started, the Court determined there was no evidence of non-compliance at this juncture
Source reference: p. 6, para. 14It further noted that the petitioner did not live in the immediate vicinity and no local residents had raised objections
Source reference: p. 7, para. 15Holding
The High Court dismissed the PIL, holding that the petition was premature as it was filed at the tender stage before the statutory authorities had concluded their safety evaluations
The Court expressed confidence that the District Magistrate and Fire Services would ensure all additional safety measures mandated by the PESO circular are implemented before the outlet becomes operational. All pending applications were disposed of accordingly
Source reference: p. 6, para. 13-14; p. 7, para. 16Original Court PDF
Sri Rishiraj NathvsThe State of Tripura and Ors.
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