V.B.R. Menon v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.B.R.Menon .. Petitioner-in person Vs 1.The Secretary, Ministry of Petroleum & Natural Gas, A-Wing, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi-110 022.
3.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Secretariat, Chennai - 600 009.
4.The Principal Secretary to Government, Highways & Minor Ports Department, Fort St. George, Secretariat, Chennai-600 009.
5.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Near Light House, Mylapore, Chennai-600 004 6.The Chairman, Tamilnadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.
7.The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi-110 032.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration to declare that the Siting and Access Criteria prescribed for Petroleum Retail Outlets under (i) Indian Road Congress Circular No. IRC-12-2016, (ii) Ministry of Road Transport and Highways Circular No.RW-NH-33032/01/2017S&R (R) dated 26.06.2020 and (iii) Central Pollution Control Board Office Memorandum No.B-13011/1/2019-20/AQM/10802-10847 dated 07.01.2020 shall be mandatory for compliance as an integral part of the right to life guaranteed under Article 21 of the Constitution of India and consequently direct the respondents to issue necessary Government Orders to the District Authorities and commissioners of Police to ensure strict compliance of the same through physical site inspections and obtaining prior concurrences from the respective Revenue, Highways, Water resources and Town and Country Planning departments, Pollution Control Board and Local bodies before issuing No Objection Certificates under Rule 144
of the Petroleum Rules, 2002 to the Petroleum Retail Outlets situated within the State of Tamilnadu.
For the Petitioner : Mr.V.B.R.Menon Petitioner-in-person For the Respondents : Mr.T.V.Krishnamachari SPCGC for respondent Nos.1 and 2 : Mrs.R.Anitha Spl. Government Pleader for respondent Nos.3, 4 & 5 : Mrs.Shanmugavalli Standing Counsel for respondent No.6 : Mr.Gokulakrishnan Standing Counsel for respondent No.7
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.V.B.R.Menon, the petitioner-in-person; Mr.T.V.Krishnamachari, learned counsel for respondents 1 and 2; Mrs.R.Anitha, learned Special Government Pleader for respondents 3 to 5; Mrs.Shanmugavalli, learned Standing Counsel for the sixth
respondent and, Mr.Gokulakrishnan, learned Standing Counsel for the seventh respondent.
2. The present writ petition is filed for a declaration that the Siting and Access Criteria prescribed for petroleum retail outlets under various Circulars shall be held to be mandatory.
3. The petitioner, appearing in person, submits that subsequent to the filing of the writ petition the State Government had issued G.O.(Ms) No.25, Highways and Minor Ports (HN.2) Department, dated 24.02.2022, thereby making applicable the IRC guidelines and it was further stated that the same shall be applicable and followed.
4. The norms are now complied with by the Ministry of Road Transport and Highways. The petitioner-in-person submits that the authorities are required to abide by the Government Order dated 24.02.2022.
5. Since the Government Order is already issued, the authorities are bound to follow the same in its true letter and spirit.
6. With the above observation, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 12.07.2023 Index :
Yes/No :
Yes/No bbr To 1.The Secretary, Ministry of Petroleum & Natural Gas, A-Wing, Shastri Bhawan, Dr.Rajendra Prasad Road, New Delhi-110 001.
2.The Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi-110 022.
3.The Additional Chief Secretary to Government, Revenue and Disaster Management Department, Fort St. George, Secretariat, Chennai - 600 009.
4.The Principal Secretary to Government, Highways & Minor Ports Department, Fort St. George, Secretariat, Chennai-600 009.
5.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Near Light House, Mylapore, Chennai-600 004 6.The Chairman, Tamilnadu Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-600 032.
7.The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi-110 032.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
bbr 12.07.2023