MADHU KAMBOJ Vs. DISTRICT MAGISTRATE, DEHRADUN

JUDGEMENT

(1.) Indian Oil Corporation Limited appointed petitioner as its dealer for running a retail outlet (petrol pump). Petitioner established petrol pump at Mothrowala (Dehradun) in 2021. Mussoorie Dehradun Development Authority sanctioned the map on 20/6/2022. Petitioner is challenging order dtd. 7/5/2024 passed by District Magistrate, Dehradun. By the said order, 'no objection' issued for setting up petrol pump has been cancelled on the ground that it was granted in ignorance of the guidelines for new petrol pumps issued by Central Pollution Control Board (for short 'CPCB'). The reliefs claimed in the writ petition are as follows:-

(2.) It is not in dispute that no 'objection' was granted by the District Magistrate, vide order dtd. 20/3/2021. CPCB issued guidelines on 7/1/2020. Clause-H of the said guidelines provides 'SITING CRITERIA OF RETAIL OUTLETS', which reads as under:-

(3.) It is not in dispute that there is a school, namely Sierra International School, near petitioner's petrol pump. The no objection issued earlier has been cancelled on the ground that the distance of dispensing unit of petitioner's petrol pump is less than 30 meters from wall of the school building. The impugned order refers to the joint inspection made by Regional Officer, Uttarakhand Pollution Control Board and Additional District Magistrate, Dehradun. According to the joint inspection report, distance between the dispensing unit of petitioner and the school building is less than 10 meters, which do not meet the norms fixed by CPCB.