Taking judicial notice of reports of health hazards caused by evaporation of petroleum in and around retail petrol and diesel outlets, the Madras High Court observed that the Centre as well as the State Government should consider framing regulations restricting the setting up of such outlets near all schools.
Chief Justice Indira Banerjee and Justice M. Sundar made the observation while directing the Indian Oil Corporation to maintain status quo with respect to proposed establishment of a petrol and diesel outlet next to Brindhavan Vidyalaya Public School at Nachipalayam Road in Madukkarai village in Coimbatore district.
The orders were passed on a public interest litigation petition filed by a local resident, B. Moorthi, who had claimed that the outlet was to be established within 25 metres from the school where about 700 students studied.
The petitioner’s counsel V. Menon contended that it would not be in the interest of the students to locate a fuel station next to the school.
In a detailed interim order in the case, the Bench led by the Chief Justice said, “We cannot but take judicial notice of the health hazards caused by evaporation of petroleum in and around retail petrol/diesel outlets. The harmful effects of contamination at petrol stations can be felt in buildings located within 100 metres from service stations.
‘Based on research’
“Published articles based on research indicate that some airborne organic compounds such as Benzene, which are said to increase the risk of cancer, have been recorded at fairly high levels in and around petrol stations. Considering the welfare of about 700 children, we deem it appropriate to direct that status quo be maintained in respect of the premises in question.”
However, sounding a word of caution that the observations made by them with regard to health hazards was only prima facie, the judges referred to a 2009 judgement of the Bombay High Court in St. Philomena Convent High School case wherein it was said, “The welfare of students cannot be sacrificed on the altar of developmental interest of adjoining land owner.
“An adjoining owner is free to develop his land in accordance with law. But when he chooses to house a hazardous establishment like a petrol filling station, the law steps in and tells him what distances must be maintained, if the safety of young children in schools is not to be compromised. Such a restriction is reasonable.”
Authoring the order, the Chief Justice pointed out that the Tamil Nadu Government had framed the Code of Regulations for Play Schools in 2015 following a court directive. The code prohibits establishment of petrol and diesel outlets within 100 metres from play schools situated across the State.“These regulations do not, of course, apply to schools other than play schools. We find no reason why there should not be similar regulations in relation to recognised schools other than play schools, which have long been in existence,We are of the prima facie view that in no circumstances can the interests of school going children, particularly their health, be compromised,” she added.
