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High Court directs frequent inspection of petrol bunks to ensure strict adherence to guidelines

The Madras High Court directed the authorities to ensure ‘subjective satisfaction’ before granting no-objection certificates (NOCs) to petrol bunks and also conduct frequent inspection to monitor adherence to guidelines to protect the health of nearby residents.

High Court directs frequent inspection of petrol bunks to ensure strict adherence to guidelines
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Chennai

When a plea seeking to close down the petrol bunk on Perambur Barracks Road in Pattalam that is existing in violation of the rules, Justice SM Subramaniam asked authorities to eschew the mechanical approach they adopt in granting permission for setting up petrol stations especially in urban areas.

“It is needless to state that the rules, regulations and the guidelines are not meant for mechanical implementation. The mitigating factors affecting the children, senior citizen and the health of the people in general are also to be taken into consideration,” the court said.

Also, holding that the oil corporations were duty bound to ensure that they were not violating the constitutional mandates involving the fundamental right of citizen, Justice Subramaniam said, “The authorities should bear in mind that if such retail petrol bunks are allowed to run very close to their own residences, then what would be their mindset and the consequences.

“Thus, the authorities are expected to put themselves in the place of the victim, who is making such complaints, and decide the issues to their subjective satisfaction and by applying the relevant rules and regulations,” the court stressed.

In the interest of the public at large and to protect the fundamental right of every citizen for healthy life, NOC and licence should not be granted if there are any schools, old age homes and hospitals situated very close to the proposed site, the judge added.

The court directed the authorities to conduct a revised inspection of the petrol bunk in Pattalam and consider the objections raised by the public as well as the petitioner and pass order within eight weeks.

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