SUPREME COURT OF INDIA

Before:- M.M. Punchhi, C.J., S.C. Agrawal and S. Saghir Ahmad, JJ.

RP 294 of 1998. D/d. 4.5.1998.

M.C. Mehta - Appellant

Versus

Union of India (Uoi) and ors. (Regd. Pusa Service Station) - Respondent

Environment (Protection) Act, 1986, Sections 3(1) and 2(v) - Shifting of petrol pump - Legality thereof - Site of petrol pump was not part of the ridge area but adjacent thereto and was an adjunct to the road passing nearby from which filling station had access - Held - Such a petrol-filling station need not be shifted from its existing location in absence of being shown that the site concerned was subservient to the purpose of the Ridge - However alternative site given to petrol filling station could not be retained by it at another place any longer.

[Paras 3 and 4]

Case Referred :-

M.C. Mehta v. Union of India, dated 7.4.1998.

ORDER

M.M. Punchhi, C.J. - This is a petition by M/s. Pusa Service Station seeking review of that portion of the order of this Court, dated 8-10-1996 in IA No. 18 of 1995 in Writ Petition (C) No. 4677 of 1985, which pertains to the applicant-review petitioner. The applicant has been ordered to be shifted from a certain locale in Karol Bagh, New Delhi and it is believed that it has been allotted a site in Janak Puri for shifting. It transpires that the applicant has started functioning at the new site at Janak Puri but at the same time, under the interim orders of this Court, has stuck on to the old site at Karol Bagh and is still functioning there.

2. The case of the applicant is squarely covered by the decision dated 7-4-1998 made by this Court in M.C. Mehta v. Union of India, (Reg. M/s. Link Road Filling Station) for it is the admitted position that the site of the applicant at Karol Bagh is not a part of the Ridge Area but is adjacent thereto and is an adjunct to the road passing nearby from which the applicant filling station has access. There is no case made out for the site of the filling station at Karol Bagh being subservient to the purpose of the Ridge.

3. Thus, on the facts and circumstances, we direct that the applicant --M/s. Pusa Service Station -- need not be shifted from its present location at Karol Bagh and that the site given to it in the alternative at Janak Puri cannot be permitted to be retained by it any longer.

4. We, therefore, on allowing this review petition in the above terms direct the applicant to hand over the Janak Puri Filling Station site to M/s. Hindustan Petroleum Ltd. within a week. We also direct M/s. Hindustan Petroleum Ltd. and other officials concerned to pass appropriate consequential orders so that the applicant Filling Station gets legitimised at the site where it is working at Karol Bagh.

5. The review petition is accordingly allowed.

Review petition allowed.