APHC010343922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 17423/2024 Between: 1. CHALICHAMA RAMBABU, S/O. SANKARA RAO, AGED 52 YRS, HINDU, R/O.D.NO.8-74, MAIN ROAD, TELLABADU (V), H/O. DODDAVARAM PANCHAYATH, MADDIPADU MANDAL, PRAKASAM DISTRICT 2. MERIGA VENKATESWARULU, S/O. KOTESWARARAO, AGED 48 YRS, HINDU, R/O. SC COLONY, TELLABADU (V), H/O. DODDAVARAM PANCHAYATH, MADDIPADU MANDAL, PRAKASAM DISTRICT. 3. CHALICHAMA VENKATASUBBARAO, S/O. BHUJANGARAO, AGED 60 YRS, HINDU, R/O. D.NO.7-97, MAIN ROAD, TELLABADU (V), H/O. DODDAVARAM PANCHAYATH, MADDIPADU MANDAL, PRAKASAM DISTRICT. 4. VALLEPU ESWARAMMA, W/O.ANKAMMA RAO, AGED 37 YRS, HINDU,R/O.D.NO.3-44, MAIN ROAD, B C COLONY, DODDAVARAM(V), MADDIPADU MANDAL, PRAKASAM DISTRICT. 5. VALLEPU. POTULURAIAH, S/O.SREENU, AGED 30YRS, HINDU, R/O.D.NO.4-79 , MAIN ROAD, M.P.P.SCHOOL, DODDAVARAM (V), MADDIPADU MANDAL, PRAKASAM DISTRICT. 6. PUNURI KIRAN, S/O. CHINNAIAH, AGED 33YRS, HINDU, R/O. D.NO. 5-50A, DODDAVARAM, DODDAVARAM PANCHAYATH, MADDIPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF PETROLEUM AND NATURAL GAS, SASTHRY BHAVAN, JS,J W.P.No.17423 of 2024 2 NEW DELHI. 2. M/S INDIAN OIL CORPORATION LTD, GVR TOWERS, BHARATI NAGAR, 3RD LANE, MAIN BAZAR-52000, 0PP. TO NOVATEL, VIJAYAWADA. 3. RETAIL OUTLET OF M/S INDIAN OIL CORPORATION LTD, LOCATED IN SY.NO.321/1, DODDAVARAM VILLAGE, MADDIPADU MANDAL, PRAKASAM DISTRICT, REP. BY DEALER, KATRAGADDA JASWANTH. 4. PETROLEUM AND EXPLOSIVES SAFETY ORGANISATION, DEPARTMENT FOR THE PROMOTION OF INDUSTRY AND INTERNAL TRADE, MINISTRY OF COMMERCE ANDINDUSTRY, REP. BY ITS AUTHORIZED OFFICER,NAGPUR, MAHARASHTRA 5. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ONGOLE, PRAKASAM DISTRICT, 6. THE DISTRICT REVENUE OFFICER AND ADDITIONAL DISTRICT MAGISTRATE, ONGOLE, PRAKASAM DISTRICT, 7. DISTRICT DISASTER RESPONSE AND FIRE OFFICER, ONGOLE, PRAKASAM DISTRICT, 8. EXECUTIVE ENGINEER R AND B DIVISION, ONGOLE, PRAKASAM DISTRICT. 9. THE SUPERINTENDENT OF POLICE, ONGOLE, PRAKASAM DISTRICT. 10. DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, D.NO. 7- 20-13, KIRLAMPUDY LAYOUT, (NEAR ANDHRA UNI. INTERNATIONAL FOREIGN STUDENTS HOSTEL) VISAKHAPATNAM 11. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT, 12. THE TAHSILDAR, MADDIPADU MANDAL, PRAKASAM DISTRICT, 13. GRAM PANCHAYATH DODDAVARAM, REP. BY PANCHAYATH SECRETARY, MADDIPADU MANDAL, PRAKASAM DISTRICT, 14. KATRAGADDA JASWANTH, S/O. HANUMANTH RAO, AGED 32YEARS,DEALER OF M/S. INDIAN OIL CORPORATION LTD, RETAIL OUTLET LOCATED IN SY.NO.321/L,DODDAVARAM VILLAGE, R/O. FLAT NO.305, PHANI GRAND APARTMENT,MAIN ROAD SVN COLONY, NEAR ARCH GUNJJANGUNDIA, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction JS,J W.P.No.17423 of 2024 3 more particularly in the nature of writ of mandamus declaring the action of respondent No.6 in issuing NOC (no objection certificate) vide proceedings COMP.No. M5/363074/2023, Dt. 09-03-2024 under Rule. 144 (1) of the Petroleum rules, 2002 to the 2nd respondent for storage of Petroleum products in premises at Sy.No.321/1 measuring an extent of Ac.00.60 cents at Doddavaram Village of Maddipadu Mandal, Prakasam District A.P i.e., at the address of the 3rd respondent represented by dealer Katragadda Jaswanth/ 14th Respondent as arbitrary, illegal, without jurisdiction, contrary to the petroleum Rules and Regulations and provisions of Petroleum Act, 1934, violative of the safety measures prescribed by PESO/ Petroleum and Explosives Safety Organization and the guidelines issued by the Central Pollution Control Board and .he directions of Nation Green Tribunal, health Hazardous to the school children of P.N.Z.P. High School, Tellabadu, Doddvaram Panchayath and violative of Articles-14, 19 (1) (g) and 21 and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to order stay of all further proceedings pursuant to the NOC (no objection certificate) vide proceedings COMP.No. M5/363074/2023, Dt. 09-03-2024 under Rule. 09-03-2024 under Rule. 144 (1) of the Petroleum rules, 2002 issued by the 6th respondent to the 2nd respondent for storage of Petroleum products in premises at Sy.No.321/1 measuring an extent of Ac.00.60 cents at Doddavaram Village of Maddipadu Mandal, Prakasam District A.P to be managed by the 3rd respondent and 14th respondent pending disposal of the above writ petition and to pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 08.08.2024 in WP.No.17423 of 2024 and also dismiss the Writ Petition and pass IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt 08.08.2024 IA NO: 1 OF 2025 JS,J W.P.No.17423 of 2024 4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the documents i) Letter Dt.18- 10-2024 accompanied by the sketch, ii) Letter Dt.30-04- 2025 accompanied by the fire safety measures of tobacco barns iii) Report Dt.09-08-2024 and the certificate Dt.09-08-2024 issued by the then Panchayath Secretary, Doddavaram in the interests of justice and for a just decision of the case and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the writ petitioners to file the additional affidavit in the above writ petition in the interests of justice and pass Counsel for the Petitioner(S): 1. M CHALAPATI RAO Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR HOME 3. ASHOK RAM V 4. GP FOR REVENUE 5. P SHASHI VARDHAN 6. BACHINA HANUMANTHA RAO (CENTRAL GOVT COUNSEL) 7. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats This Court made the following: JS,J W.P.No.17423 of 2024 5 ORDER: The petitioners are residents of Doddavaram Village. The 2nd respondent – M/s. Indian Oil Corporation Limited (IOCL) made an application to the District Collector, Ongole, Prakasam District – 5th respondent, for the issuance of a No Objection Certificate (NOC) for the installation of a petroleum retail outlet in Sy.No.321/1, admeasuring Ac 0.60 cents of land in Doddavaram Village of Prakasam District, which is managed by the 14th respondent. 2. Pursuant to the enquiry conducted by the Tahsildar, Maddipadu Mandal – 12th respondent, on 21.01.2024, the 11th respondent submitted his report to the 5th respondent on 01.03.2024. Clauses 5 and 9 of the enquiry report read as follows: 5. Whether there are any educational institutions or hospitals near by the proposed site, if so, the distance from the proposed site? There is a Degree College exists at a distance of 500 meters from the proposed site, but no Hospitals exists near by the proposed site. 9. Whether there are any objections to the concerned Doddavaram Village for grant of No Objection Certificate in favour of the applicant. (Obtain resolution copy from the Gram Panchayat) No objections have been received from the Doddavaram Grama Panchayat Letter vide office No.Dt:10.01.2024 of the Panchayat Secretary, Grama Panchayat, Doddavaram is herewith enclosed. 3. The 11th respondent states that he personally inspected the land and asserts that, according to revenue records, the land is located next to the B.T. Road and that no high-tension wires crossing the land. 4. On 09.03.2024, the District Revenue Officer, Ongole - 6th respondent, issued an NOC by proceedings in COMP.No.M5/363074/2023 for the installation of a new petroleum retail outlet to the 2nd respondent. JS,J W.P.No.17423 of 2024 6 5. The petitioners have submitted an application under the Right to Information Act, 2005 (hereafter 'the RTI Act’) for a No Objection Certificate (NOC). On 27.07.2024, the RTI officials provided the inspection report to the petitioners. A reading of the inspection report of the 11th respondent reveals that there are no educational institutions or hospitals near the proposed site. 6. The NOC issued by the Panchayat Secretary, Doddavaram – 13th respondent, dated Nil, reads as follows: “The Grama panchayat Officials has been inspected and observed that no Residential Colony/Educational/Medical/ Religious Institutions exist and the villages, and respectable ryots have their consent that there are no objections for issue of NOC for installation of retail petroleum outlet.” 7. On 16.07.2024, the 2nd petitioner submitted a representation to measure the distance between P.N.Z.P. High School and the petrol filling station. 8. On 19.07.2024, the Village Surveyor submitted a survey report along with a sketch indicating that the distance from Pump-1 to the boundary wall of P.N.Z.P. High School is 47 metres. Besides that, there is a Tobacco Barren, Hosanna Mandir, and residential houses. All these locations are within a 30-metre radius and serve as sites of public assembly. 9. The RDO, in his re-enquiry report dated 25.07.2024, stated that the petrol bunk near PNZP High School is 47 metres away, which is below the CPCB guidelines, and the NOC was issued with the JS,J W.P.No.17423 of 2024 7 condition that the retail outlet shall be implemented with additional safety measures as prescribed by PESO. 10. As per the report submitted by the Panchayat Secretary – 13th respondent, dated 09.08.2024, the Gram Panchayat has not passed any resolution between 04.12.2023 and 09.03.2024 regarding the installation of a petroleum outlet. 11. Since opening a petroleum outlet poses hazards to children and residents, the new guidelines dated 16-08-2021 specify that retail outlets must not be situated within 50 metres of schools, residential areas, temples/Hosanna Mandir/mosques, and hospitals. It is also emphasized that the siting criteria must be adhered to for all new petrol pumps where construction begins after the release of these guidelines dated 07.01.2020. However, the respondents issued a No Objection Certificate (NOC) in violation of the policies of the Central Pollution Control Board and the National Green Tribunal. 12. The 6th respondent, District Revenue Officer, Ongole, states that the 3rd petitioner owns a petrol retail outlet and that the Writ Petition is solely based on rivalry between the petitioners and the 2nd respondent. The NOC was granted to the 2nd respondent following a thorough enquiry. Smt. Sravana Sandhya, the learned counsel for the respondent, also notes that the respondents considered the representations of Gurivindapalli Ruben and Meriga Venkateswarlu, who is petitioner No. 2, and determined that the distance between the high school and the petrol retail outlet is 47 metres. 13. As per the guidelines issued by CPCB, NOC can be recommended if the dealer undertakes additional safety measures. Since the 2nd respondent has completed all the formalities, NOC was JS,J W.P.No.17423 of 2024 8 issued to him. According to G.O.Ms.No.77, dated 22.01.1968, the District Revenue Officer – 6th respondent is the competent authority to grant NOC under Subject 29, i.e., Miscellaneous Acts and Subjects (5), which relates to the Petroleum Act, and prays for the dismissal of the writ petition. 14. The 2nd respondent filed a counter affidavit, among other things, stating that a retail outlet was established after obtaining the necessary clearance from PESO. The first respondent, in an office memorandum dated 7.8.2024, agreed that new petrol pumps or retail outlets can be established in residential areas, and schools can be located between 30 and 50 meters, subject to safety measures. 15. Since the 2nd respondent has been operating his sales as of the date of the writ petition, and by virtue of the status quo order, the 2nd respondent is continuing his sales. 16. Sri P. Sashi Vardhan, learned counsel appearing on behalf of the 14th respondent, filed a stay vacate application and submitted that the No Objection Certificate was issued in accordance with the siting criteria prescribed in the guidelines of CPCB dated 07.01.2020. Furthermore, there are no residential houses, schools, or hospitals within a radius of 30 metres. Additionally, the competent officer has issued a safety and test certificate under Rules 130 and 126 of the Petroleum Rules, 2002. The 2nd respondent has been operating the retail outlet since 2.08.2024, adhering to the safety measures prescribed by PESO, and has sought to vacate the stay. 17. The point for consideration before this Court is whether the respondents – the Government – can issue a NOC to a petroleum retail outlet located within a 50-meter radius of a school, tobacco barn, or a Hosanna Mandir. JS,J W.P.No.17423 of 2024 9 OR Can the Court permit the 2nd respondent to continue operating the retail petroleum outlet despite a shortfall of 2 meters radius, and if so, under what conditions? 18. It is not in dispute that the 6th respondent issued the NOC dated 9.03.2024 to the 2nd respondent. 19. There is no dispute that the petitioners have submitted an application under the RTI Act to obtain information regarding the issuance of an NOC to the 2nd respondent. 20. It is also undisputed that the petitioners submitted a representation to the authorities to measure the distance from the petroleum outlet to the school on 16.07.2024. 21. The 2nd respondent has not disputed the report of the Panchayat Secretary, namely the 13th respondent, dated 09.08.2024, which clarifies the existence of a Z.P. High School opposite the site. Alongside the school, there is a cement brick industry, a tobacco barren belonging to K. Venkata Ratnam, and a Hosanna Mandir. Additionally, an NSP canal exists; however, there is no degree college in Doddavaram Gram Panchayat, Maddipadu Mandal, Prakasam District, as noted in the previous report. 22. Furthermore, the 2nd respondent has not denied the representation made by M. Venkateswarlu, the 2nd petitioner, along with four others, in which the Tahsildar of Maddipadu, the 12th respondent, submitted a report to the 11th respondent/RDO under RC.A/30/2024, dated 19.07.2024, accompanied by a field sketch JS,J W.P.No.17423 of 2024 10 showing that the distance between the high school and the petroleum retail outlet is 47 metres. 23. The 6th respondent/District Revenue Officer, who is the competent authority for issuing NOC, has not denied that the distance between the P.N.Z.P. High School, Doddavaram corner wall, and the 1st filling point of IOCL is 47 meters. 24. Furthermore, the respondent has not disputed the NOC, which was not found in the Agenda Register of Doddavaram Gram Panchayat, and the Teermanam Register is currently with the Audit Department and unavailable to the Gram Panchayat. 25. Furthermore, the Panchayat Secretary states that from 04.12.2023 to 09.03.2024, the Gram Panchayat has not passed any resolution regarding the installation of a petroleum outlet. 26. Since petroleum is highly inflammable, NOC must be issued only to selected candidates after submitting the necessary No Objection Certificates (NOC) from the relevant Fire Department, Pollution Control Board, and District Collector. It appears that the respondents are in collusion with the 2nd respondent; therefore, the reports submitted by the RDO, Tahsildar, and Panchayat Secretary of Doddavaram conflict with their earlier reports. 27. The official respondens are misinterpreting the new guidelines issued by the CPCB on 07.01.2024, have granted the NOC on the basis that the retail outlet is more than 30 meters from the installation of the new petrol bunk. However, the new guidelines also require JS,J W.P.No.17423 of 2024 11 additional safety measures if the petrol bunk is located closer than 30 meters. 28. Additionally, the guidelines issued by the Central Pollution Control Board, dated 07.01.2020, are as follows. “In case of siting criteria for petrol pumps, new retail outlets shall not be located within a radial distance of 50 meters (from fill point/dispensing units/vent pipe whichever is nearest) from Schools, hospitals (10 beds and above) and residential areas designated as per local laws. In case of constraints in providing 50 meters distance, the retail outlets shall implement additional safety measures as prescribed by PESO. In no case the distance between new retail outlets from schools, hospitals (10 beds and above) and residential areas designated as per local laws shall be less than 30 meters. No high tension line shall pass over the retail outlet.” 29. Therefore, it can be inferred that the minimum distance for new petrol pumps from schools is 50 metres, in accordance with the Central Pollution Control Board guidelines, but this distance can be reduced to 30 metres if additional safety measures are put in place. These measures include constructing a solid boundary wall on the side facing the school. The Office Memorandum dated 07.08.2024, issued by the 1st respondent, also recommends additional safety measures for establishing a new petrol station facing a school, residential area, and hospital with ten beds and above. 30. The 30-meter relaxation allowed by CPCB guidelines is an exception to the usual 50-meter rule, and such exemptions should be JS,J W.P.No.17423 of 2024 12 used sparingly. This exception should not undermine the intent of the siting criteria. When opting for the shorter 30-meter distance, a justification must be provided, explaining why this choice is made instead of following the standard 50-meter requirement. 31. The learned counsel for the petitioners relied on a judgment of this Court in M. Himachalam Babu v. Union of India. However, the said judgment is not applicable to the present case, as the dispute in that case related to water bodies. 32. The right to life as a fundamental right and the health of children must be protected in all circumstances, and any hazards related to the installation of Petroleum Retail Outlets near schools, residential areas, old age homes, and hospitals should be taken very seriously. 33. While granting the NOC and licence to operate the Petroleum Retail Outlet, the authorities must ensure that, subject to satisfaction, the person managing the Retail Petroleum Outlet does not deliberately breach the instructions and regulations issued by the CPCB. However, the competent authority, when granting the NOC/licence and after the commencement of operations, must carry out regular inspections to ensure that the guidelines are followed and the health of nearby residents is protected. 34. Since the 2nd and 14th respondents have not challenged the reports submitted by the 6th respondent on 25.07.2024, the survey and field report submitted by the 12th respondent on 17.07.2024, and the report of the 13th respondent dated 09.08.2024, and there is no indication from either the 2nd or the 14th respondent regarding the safety measures undertaken by them, it is noted that the retail outlet JS,J W.P.No.17423 of 2024 13 commenced its operation prior to the filing of the writ petition and continues to operate under the order of status quo. Given that there is a shortfall of only 3 meters in compliance with the guidelines issued by CPCB and PESO, this Court is of the opinion that the present petition may be disposed of with the directions as aforesaid. 35. In the result, the Writ Petition is disposed of by setting aside the proceedings in COMP.No.M5/363074/2023 dated 09.03.2024 issued by the 6th respondent. The official respondents are directed to issue a show-cause notice to the 2nd and 14th respondents regarding the safety measures taken by them within two weeks from the date of receipt of a copy of this order. The 2nd and 14th respondents shall submit their explanation within a period of ten days thereafter. Upon receipt of such explanations, the official respondents, after providing a reasonable opportunity of hearing to the 2nd and 14th respondents, shall pass appropriate orders within a period of four weeks. Since the 2nd respondent is continuing the retail outlet by virtue of the status quo orders passed by this Court, the 2nd respondent shall be allowed to operate the retail outlet until a decision is taken by the official respondents. There shall be no order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM 27th October, 2025 cbs JS,J W.P.No.17423 of 2024 14 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM Writ Petition No.17423 of 2024 27th October, 2025 cbs JS,J W.P.No.17423 of 2024 15