M/s. Tamil Nadu Petroleum Dealers Association (Regd. No.142/1980) rep. by its Secretary M.Kannan v. The Chairperson Tamil Nadu Pollution Control Board & Ors.
Case at a glance
- Decided
- 03 Dec 2009
- Bench
- S MUKHOPADHAYA
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 99. In this background, we are of the view that without application of mind, the Pollution Control Board has issued the impugned notice dated 11.3.2002. Further, this Court is of the opinion that before deciding the question whether it is mandatory to have consent from…
Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03.12.2009CORAMTHE HON'BLE MR.JUSTICE S.J.MUKHOPADHAYAANDTHE HON'BLE MR.JUSTICE M.DURAISWAMYWrit Petition No.11480 of 2002M/s. Tamil Nadu Petroleum Dealers Association(Regd. No.142/1980)rep. by its Secretary M.KannanNo.8, Rajaji SalaiChennai 600 001...PetitionerVs.
The Chairperson Tamil Nadu Pollution Control Board No.76, Mount Road Guindy, Chennai 32.
M/s. Indian Oil Corporation Ltd. rep. by its General Manager Indian Oil Bhavan Nungambakkam High Road Chennai 600 034.
M/s. Hindustan Petroleum Corpn. Ltd. rep. by its General Manager Thalamuthu Natarajan Building IV Floor, Chennai 600 008.
M/s. Bharath Petroleum Corpn. Ltd. rep. by its General Manager Anna Nagar Chennai 600 040.
M/s. I.B.P. Co. Ltd. rep. by its General Manager Spur Tank Road Chetpet Chennai 600 031...RespondentsPetition under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus quashing the Notices dated11.3.2002 in Proc. No.TNPCB/DEE/CHN/PB/Z111 issued by the 1st https://hcservices.ecourts.gov.in/hcservices/ Respondent to the members/Dealers of petitioner, threatening to cutoff the Electricity supply to their Petrol Bunks and direct the 1stRespondent to Spell out clearly the remedial measures, to be taken by the Respondents 2 to 5, to the satisfaction of the 1st Respondent and giving them sufficient time to carry out such measures For Petitioner : No appearanceFor Respondent-1 : Mr.R.RamanlalFor Respondent-2 : Mr.P.N.RadhakrishnanFor Respondents 3&4 : Mr.O.R.Santhana KrishnanFor Respondent-5 : Mr.R.RaviO R D E R(Made by S.J.MUKHOPADHAYA,J.)The writ petition has been preferred by the petitionerAssociation against the proceedings No.TNPCB/DEE/CHN/PB/Z-111 dated11.3.2002 issued by the Tamil Nadu Pollution Control Board under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981.2.
The grievance of the Association is that the PollutionControl Board is interfering with the matter of petroleum outlets, by issuing such notice to its members.3. According to the learned counsel appearing on behalf of M/s.Indian Oil Corporation Ltd., the consent of the Pollution ControlBoard is not required for opening a petrol bunk, as, it no manner pollutes either water or air. It is stated that only in cases where servicing centre is located within the petrol bunk, it is advised to obtain consent from the Pollution Control Board, as effluent may be discharged on cleaning and washing of car and motor bikes.4. Similar stand has been taken by the learned counsel appearing on behalf of the third respondent and fourth respondent, viz. M/s. Hindustan Petroleum Corporation and M/s. Bharath PetroleumCorporation Ltd. respectively. According to him, no consent is required from the Pollution Control Board for running the petrol bunk and the Pollution Control Board has no jurisdiction to issue such notice.
5. The learned counsel for the Pollution Control Board requested to dismiss the writ petition on the ground that it has been filed by https://hcservices.ecourts.gov.in/hcservices/ the Association of petroleum dealers and not by the individuals who have been served with the notice. But, there being public interest involved in the matter, we are not inclined to dismiss the writ petition on such ground.
It is submitted on behalf of the Pollution Control Board that while dispensing the stored petroleum products to the consumers vehicle, there is every possibility of spillage of petroleum products. This results in ground water pollution, either by way of washing away by rain water or direct percolation into the ground, thereby polluting the precious ground water sources available. Apartfrom this, if there is any leakage from underground petroleum product storage tanks, it will also lead to pollution of ground water.
The above submission cannot be accepted, as the notice does not relates to pollution of ground water nor any such allegation has been made in the impugned notice dated 11.3.2002 and such notice has been given only under the Air (Prevention & Control of Pollution)Act, 1981. The non application of mind of the Pollution ControlBoard will be evident from the notice dated 11.3.2002, which isquoted hereunder: "The Air (Prevention & Control of Pollution) Act,1981 as amended in 1987 is enforced in Tamilnadu. TheTamilnadu Pollution Control Board enforces the aboveAct. Entire State of Tamilnadu has been declared as AirPollution Control Area as required under the Act. As per the existing Acts and rules all the units whose activities result in emission of air pollutants in the air pollution control area should obtain prior consent of the Board. Section 21 of the Air (Prevention & Control of Pollution) Act, 1981 as amended in 1987 (hereinafterreferred to as the Act) prohibits any person from operating any plant for the purpose of any industry inan Air Pollution Control Area without the consent of the Board.
Contravention of Section 21 is an offence punishable under Section 37 of the Act with imprisonment for a term which shall not be less than one year and six months but which may extent to six years and with fine and in case the failure continues, with an additional fine which may exceed to five thousand rupees from everyday during which such failure continues after the conviction for the first such failure. https://hcservices.ecourts.gov.in/hcservices/ During inspection of your petrol bunk of M/s.BHAVANI AGENCY1 FRASER BRIDGE ROADM U C CORNERCHENNAI 600 003it was noticed that the spillage of petroleum products and lubricants leads to hydrocarbon emissions which pollutes the air. Hydrocarbon emission has also been noted through the vent attached to the underground storage tanks and also the fuelling nozzle of the pump. The dispensing of petrol with addition of 'loose' oil to two stroke, two and three wheelers leads to the emission of unburnt fuel as well as high concentration of CO and hydrocarbon.
Further the high concentration of benezenein petrol leads to atmospheric air pollution. The unit is also operating without the consent of the Board as required under Section 21 of the said Act, since the occupier of the said petrol bunk premises has not obtained prior consent of the Tamilnadu PollutionControl Board and thereby violating the provisions of the said Act. Hence, you are directed to show cause within 15days from the date of receipt of this notice as, to why penal action for an offence punishable under section 37of the Act should not be initiated against you for operating the unit in the air pollution control area without air pollution control measures and without obtaining the consent of the Board and for violation of Section 21 of the said Act and also issue directions under 31A of the Act for closure of the unit, stoppage of power supply etc., to it. It is informed that non-receipt of any reply within the prescribed period will be construed as you are having no satisfactory explanation to offer for the above contravention and action will be taken against you on merits in accordance with law. "
From the said notice, it will be evident that the PollutionControl Board has not stated anything as to the date on which inspection was made, whether it was made in the presence of the petitioner and who has submitted a report that spillage of petroleum products and lubricants leads to hydrocarbon emission which pollutes the air. In the common life, every day, persons are visiting petroleum outlets for filling up petrol or petroleum gas for their vehicles. If spillage of petroleum products and lubricants leads to hydrocarbon emission, in that case, it may be stated that there will be hydrocarbon emission even in the matter of filling up the https://hcservices.ecourts.gov.in/hcservices/ petroleum products in the vehicle. But, that is not generally found, nor reported anywhere in India.
In this background, we are of the view that without application of mind, the Pollution Control Board has issued the impugned notice dated 11.3.2002. Further, this Court is of the opinion that before deciding the question whether it is mandatory to have consent from the concerned State Pollution Control Board for opening a petroleum bunk, it is desirable that the Pollution ControlBoard should discuss the matter with petroleum companies, who arewell versed with the ill effect of spillage of petroleum products and lubricants. The petroleum companies and other companies like Oil and Natural Gas Company etc. are the expert bodies. Their opinion should be taken by the Pollution Control Board before taking any such decision. For the reasons stated above, we set aside the impugned notice dated 11.3.2002 and allow the writ petition. However, there shall beno order to costs. Consequently, WPMP No.15500 of 2002 is closed.kpl Sd/- Asst. Registrar/True Copy/ Sub. Asst. RegistrarToThe ChairpersonTamil Nadu Pollution Control BoardNo.76, Mount RoadGuindy, Chennai 32.+ 1 cc to Mr. B.N. Radha krishnan, Advocate SR.66065+ 1 cc to Mr. R. Ramanlal, Advocate SR.65892+ 2 cc t0 Mr. O.R.Santhana Krishnan, SR.65951W.P.No.11480 of 2002. VS(CO)EU 14.12.2009.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Madras High Court, on 03 Dec 2009. The bench was S MUKHOPADHAYA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.