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BEFORE THE NATIONAL GREEN TRIBUNAL Southern Zone, Chennai Original Application No.201 of 2014 In the matter of P. Chathukutty, Advocate, Wayanad. .. Applicant And 1.The District Collector, Waynad District. 2.The Revenue Divisional Officer, . 3.Indian Oil Corporation Limited, Rep. by its Divisional Manager,Kozhikode. 4.Bharat Petroleum Corporation Limited, Rep. by its Territory Manager, Kozhikode. 5.Hindustan Petroleum Corporation Ltd., Rep. by its Senior Regional Manager, Kozhikode. .. Respondents Counsel for the applicant Mr.Manoj Sreevalsan Counsel for the respondents Mrs.Switha.A.S. for R1 and R2 Mr.M. Vijayan for King & Patridge for R3 to R5 O R D E R Present Hon’ble Shri Justice Dr.P. Jyothimani, Judicial Member Hon’ble Prof.Dr.R. Nagendran, Expert Member ------9th July, 2015 ------We have heard the learned counsel appearing for the applicant as well as the respondents. The applicant, who is a practising lawyer in Kalpetta and other courts in and also stated to be a Philanthropist, Environmentalist, Human Right Activist and Social Worker, has filed the present application, praying for a declaration that the respondents 3, 4 and 5 viz., Indian Oil Corporation Ltd., Bharat Petroleum Corporation Ltd., and Hindustan Petroleum Corporation Ltd., are not entitled to start new petroleum outlets, as categorised in Annexure A – I numbering 13 and Annexure A – 7 numbering 28, which are as follows:

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Annexure (A1) Sl.No Proposed place Name of the village Name of the Oil company 1 Manandhavady Manandhavady IOCL 2 Vellamunda Manandhavady BPCL 3 Cherukattoor HPCL 4 Kadiyambatta Kadiyambatta BPCL 5 Ambalavayal IOCL 6 Vaduvanchal Thonattuchal IOCL 7 Vaduvanchal Thonattuchal BPCL 8 Manandhavady Manandhavady BPCL 9 Kavumannam Thariyod BPCL 10 Pulpally HPCL 11 Sulthan Bathery Kippady BPCL 12 Sulthan Bathery Moolankavu HPCL 13 Muttil Muttil HPCL

Annexure (A7)

1 Kalpetta BPCL 2 Vythiri BPCL 3 Vythiri BPCL 4 Sulthan Bathery Sulthan Bathery BPCL Muthanga 5 Sulthan Bathery Sulthan Bathery HPCL Muthanga 6 Mananthavadi on SH-59 Mananthavadi HPCL

7 Padinjarathara Vythiri HPCL 8 Mananthavadi Valiyoor Mananthavadi HPCL Kavu 9 Vaduvanchal Vythiri HPCL 10 Kalpetta Kavumannam Vythiri HPCL 11 Chulliyode Sulthan Bathery HPCL 12 Ambalavayal Sulthan Bathery HPCL 13 Sulthan Bathery Sulthan Bathery HPCL Nambikolli 14 Valad Mananthavadi HPCL 15 Kalpetta Town Vythiri IOCL 16 Lakkidi Vythiri IOCL 17 Sulthan Bathery Sulthan Bathery IOCL Muthanga 18 Kalpetta Byepass Vythiri IOCL

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19 Vythiri Vythiri IOCL 20 Muttil Vythiri IOCL 21 Vyuthiri IOCL 22 Mepadi Vythiri IOCL 23 Pachilakkadu Mananthavadi IOCL 24 Sulthan Bathery Sulthan Bathery IOCL 25 Cheeral Sulthan Bathery IOCL 26 IOCL 27 Vythiri Vythiri IOCL 28 Beenach Panmaram Sulthan Bathery IOCL Road The main grievance of the petitioner is that for the purpose of starting new petroleum out lets in Wayanad District, the said respondents are cutting the trees and cutting the hill areas, which are very fragile wet land, thereby creating environmental disaster, and he anticipates that by this conduct, there is a possibility of land slide. as it has been widely reported in the newspapers in . He has also stated that by virtue of a large number of new petroleum out lets, which are being opened in the Districts, the agricultural fields and also hilly areas are affected. The State Government represented by the Deputy Collector (G) & Additional District Magistrate, Wayanad – Additional District Magistrate, Wynad-Kalpetta has filed a Report in which it is clearly stated that in Kerala for the purpose of conservation of paddy and nature, including the trees, various enactments, including Kerala Land Reforms Act, 1963, Kerala Conservation of Paddy Land and Wetland Act, 2008 and other statutes have been enacted. The local self governments are expected to preserve the nature of Wayanad and the District Authorities have taken proactive steps. In fact, the District Collector, in his latest order dated 30.6.2015, has imposed a restriction on the construction of high rise buildings in Wayanad District, considering the geographical importance and he has also stated that as per the said order, permit to construct building will not be issued, if the height of the building is above 15 metres. In respect of the petroleum out lets, it is stated by the second respondent in categorical term that the Acts and Rules are being strictly followed and implemented without any excuses or lapses. There is no report received by the second respondent so far about the removal of hill or earth to construct new petrol bunk. The installations are being done in uniform manner, as per Petroleum Acts, and Rules, 1934. It is also stated in the said Report that the Wayanad District is experiencing more and more developmental activities and can have more petroleum out lets to meet the requirements of the general public. Also it can be regulated in areas near National Parks, reserved forests etc., so that the congestion may be moderate. It is stated by the second respondent that the District Authorities are taking all steps to be more eco friendly and keeping a vigil for the protection of the nature, environment and ecology. The second respondent has further stated that the Deputy Director, Department of Panchayath, noted that, the Local Self Governments are monitoring all the activities in the respective jurisdiction and no illegal removal of earth, destruction of

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hills or construction are seen to be reported so far and assured that they will initiate legal action , if they come across any such incident. The department is taking all efforts to preserve the hills and nature of Wayanad District. The Forest Department is also playing a key role in the preservation of nature. In view of the categorical stand taken by the second respondent, we are of the view that except by giving certain instructions, reiterating the stand of the second respondent itself, no further orders are necessary, in the interest of preserving the environment in the Wayanad District, especially while designing or starting the petroleum out let, as stated in annexure A1) and (A7) extracted above. The learned counsel appearing for the Government has fairly submitted that the Government will take all necessary steps in respect of all the said proposed out lets that no hill area will be allowed to be cut illegally and no such outlet will be permitted on the hill or agricultural area. The learned counsel appearing for the respondents 3 to 5 also would fairly submit that these respondents, while executing the proposal of starting new petroleum out lets, will strictly follow the provisions of law, including the preservation of hill as well as agricultural area. In the light of the above submission made by the learned counsel on both sides and taking note of the contents of the report filed by the second respondent, we dispose of the application with the following direction: 1.The respondents are permitted to approve the proposed new petroleum out lets in Wayanad District, as it is stated in Annexure A -1 and A – 7, however, subject to the condition that no one of the petroleum out let shall be permitted to act against the provisions of Law, governing the forest, mountain and agricultural areas in the State of Kerala, especially Wayanad District. 2.The respondents shall not grant NOC or any approval to any of these out lets, if it is satisfied that the out lets are going to be put up illegally by carving out the hill area or any agricultural field. 3.In cases where the respondents receive any complaint about any such illegal activities, the second respondent shall take immediate and appropriate legal action. With the above direction, the Original Application No.201 of 2014 stands disposed of. Since the original application is disposed of, nothing survives in Misc.Appln.158 of 2014 and Misc.Appln.16 of 2015 and they are closed.

Justice Dr.P. Jyothimani Judicial Member

Prof. Dr.R. Nagendran Expert Member