Case:- Bindhu Kuniparambath v. The Joint Chief Controller of Explosives and Ors.
Citation:- W.P.(C).No.12226 of 2025
Date:- 18.08.2025
Kerala High Court Bench:- Justice S. Manu
The Hon’ble Kerala High Court has recently clarified that colleges do not fall within the ambit of sensitive locations for the purpose of citing criteria for petroleum outlets.
Key Takeaways:-
- The Hon’ble Kerala High Court has clarified that colleges are not “sensitive locations” under Central Pollution Control Board (CPCB) guidelines for setting up petrol outlets.
- The petitioner had applied to start a petrol pump on her land. The Indian Oil Corporation accepted, and the District Collector gave a No Objection Certificate. However, the Deputy Chief Controller of Explosives rejected it, saying the outlet was within 30m of Newman College and hence violated CPCB rules.
- The petitioner argued that colleges are not mentioned in CPCB’s citing criteria, which only refers to schools, hospitals (10 beds+), and residential areas.
- The CPCB itself confirmed before the National Green Tribunal that it never intended to include colleges as sensitive locations.
- The Hon’ble High Court agreed, holding that no authority can widen the guidelines by adding institutions not mentioned. The Municipality also certified the land was a mixed-use zone, not a residential area, making the rejection unjustified.
- The Hon’ble Court set aside the rejection order and directed authorities to reconsider the application within one month after hearing all parties.
