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Madras HC directs frequent inspection of petrol bunks to ensure strict adherence to guidelines
Pointing out that it cannot be denied that many Retail Petrol Bunks are functioning very close to the residential areas and schools, the Madras high court on Wednesday directed the authorities to ensure 'subjective satisfaction' before grant of NOCs and thereafter hold frequent inspection to monitor adherence to guidelines thereby protecting the health of persons residing nearby.
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Chennai
Justice S M Subramaniam before whom a plea seeking to close down the fire accident met petrol bunk at Perambur Barracks Road, Pattalam, which exist in violation of the rules, eschewed the mechanical approach adopted by authorities 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 are duty bound to ensure that they are 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.
It further held “If any schools, old age homes and hospitals are very close to the proposed site, then such NOC and License should not be granted in the interest of the public at large and to protect the fundamental right of every citizen for healthy life.”
Based on this, the court directed the authorities to conduct a revised inspection at 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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