Shahin Akhtar
On 18th August, 2025, the Kerala High Court has made it clear that the presence of a college near a proposed fuel outlet cannot be used as a reason to deny approval. The judgment came from Justice S. Manu while considering a petition filed after permission for a petrol pump in Mananthavady was turned down.
The issue started when the Indian Oil Corporation selected the petitioner’s land for setting up a new outlet. The project received initial approval along with a no-objection certificate from the District Collector. However, the Deputy Chief Controller of Explosives later rejected the request, pointing to the presence of a college within 30 metres and raising doubts about whether the area was residential.
The Court examined the Central Pollution Control Board (CPCB) guidelines issued in January 2020, which specify minimum distance rules only for schools, hospitals with more than ten beds, and designated residential zones. It highlighted that colleges are not included in this list and cannot be treated as sensitive locations under the siting norms. The Court also noted that these guidelines were earlier reviewed by the National Green Tribunal, where it was clarified that colleges were outside the scope of the restrictions.
On the question of zoning, the Court observed that certificates from the local municipality did not classify the land as a residential area. It concluded that the rejection order had no valid basis.
Allowing the petition, the Court set aside the rejection and directed the Deputy Chief Controller of Explosives to reconsider the application and take a fresh decision within one month, in line with its findings.
Case Name: Bindhu Kuniparambath v. The Joint Chief Controller of Explosives, Petroleum and Explosives Safety Organisation & Ors.
Case No.: W.P. (C) No. 12226/2025
Bench: Justice S. Manu
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