Petroleum Outlet Can Be Opened Near College, Siting Criteria Only Bars Vicinity With Schools & Hospitals: Kerala High Court

The Kerala High Court has recently clarified that colleges do not fall within the ambit of sensitive locations for the purpose of siting criteria for petroleum outlets.

Justice S. Manu was considering a challenge to an order passed by the Deputy Chief Controller of Explosives (2nd respondent) rejecting the approval sought by the petitioner to give her property for starting a retail outlet of petroleum products.

The petitioner had offered her property for starting petroleum outlet following invitations for applications by the Indian Oil Corporation Ltd. The 1st respondent Joint Chief Controller of Explosives had granted initial approval and the District Collector had issued a No Objection Certificate.

Subsequently, the 2nd respondent denied approval to her application stating that there was no mention of whether the proposed site was not a designated residential area, and the distance between Newman college and the property was less than 30 metres. Thus, it was stated that the same was not compliant with the CPCB guidelines.

The petitioner contended that colleges are not included in the siting criteria and that the Secretary of the local authority had certified that the site is in a mixed zone. It was urged that as per the Central Pollution Control Board (CPCB) guidelines, there is no mention of minimum radial distance between petrol outlets and 'colleges'.

The DSGI (Deputy Solicitor General) representing the 1st respondent stated that the drawing submitted with application did not show the boundary wall of the college in it and thus, the approval was obtained by misrepresentation. It was also contended that the siting criteria specifies that a minimum distance of 30m must be there from 'educational institutions'.

After referring to the guidelines and the statement filed by the CPCB, the Court observed:

"It should be noted that only two distinct types of institutions, schools and hospitals (10 beds and above) have been specifically mentioned in the distance criteria apart from designated residential areas. There is no generic/general terms employed in the paragraph to bring any broad categories of institutions within its purview...Since the author of the guidelines, CPCB, has clarified before the NGT (PB) that it did not intend to include colleges within the siting criteria treating them as sensitive locations, it is not for any other authority to give an expansive interpretation to the criteria and include colleges within its scope. Hence, the reasoning of the 2nd respondent in Ext.P5 that a college is situated within the vicinity of the proposed site, distance between the boundary of the college and the retail outlet is less than 30 m. and hence the outlet cannot be permitted is untenable."

The Court further found that the certificate given by the Municipality clearly states that site is not a designated residential area and that there was no explanation given to contend that the application was non-compliant with CPCB guidelines.

Thus, rejecting the other two contentions raised by the 2nd respondent, the Court set aside the rejection order. There was a further direction to take a fresh decision on the petitioner's application within one month after providing an opportunity to the petitioner and 3rd respondent in case of any clarification.

Case No: W.P.(C).No.12226 of 2025

Case Title: Bindhu Kuniparambath v. The Joint Chief Controller of Explosives and Ors.

Citation: 2025 LiveLaw (Ker) 540

Counsel for the petitioner: R. Sunil Kumar, A. Salini Lal, Jinu P. Binu

Counsel for the respondents: O.M. Shalina - DSGI, Santharam P. - SC - Mananthavady Municipality, Noel Jacob, Raajesh S. Subrahmanian, M.S. Amal Dharsan, Dr. Thushara James, Tony Augustine - GP

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