Tripura HC dismissed a PIL challenging an IOCL petrol pump in Agartala, calling the plea premature amid ongoing safety checks.

News Citation : 2026 LH (HC) 362 | 2026:THC:714-DB

May 25, 2026 : The Tripura High Court has dismissed a public interest litigation challenging the proposed establishment of an Indian Oil Corporation petrol pump at the Badharghat Markfed Site in Agartala, holding that the plea was premature as the statutory authorities were still conducting safety assessments and field-level inquiries. The Division Bench observed that there was no reason to presume that the authorities would ignore mandatory safety norms prescribed under petroleum and fire safety regulations.

The PIL was filed by petitioner-in-person Rishiraj Nath, who questioned a tender floated by Indian Oil Corporation Limited (IOCL) for setting up a new retail fuel outlet in a residential area of West Tripura. The petitioner relied on a newspaper report published in December 2025 and argued that the proposed petrol pump violated safety norms issued by the Petroleum and Explosives Safety Organisation (PESO), particularly guidelines relating to the minimum distance required between petrol pumps and nearby residential areas, schools, and hospitals.

A bench comprising Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit examined the challenge in WP(C)(PIL) No. 02 of 2026 and ultimately refused to interfere at the tender stage. The judgment was delivered on May 25, 2026.

According to the petitioner, a PESO circular dated September 9, 2024 mandated that new petrol pumps should ordinarily not be located within a radial distance of 50 metres from schools, hospitals with 10 beds or more, and residential areas identified under local laws. He contended that where maintaining a 50-metre distance was not feasible, additional safety measures were required, but even then the distance could not be less than 30 metres from the nearest fill point, dispensing unit, or vent pipe. The petitioner alleged that the proposed Agartala site fell within the restricted radius and posed a safety risk to residents living nearby.

The State authorities, however, informed the High Court that the process for granting statutory approvals had not yet been completed. The State government pointed out that under Rule 144 of the Petroleum Rules, 2002, the District Magistrate is required to conduct a field inquiry before issuing a no-objection certificate (NOC) for establishment of a petrol pump. The authorities stated that the inquiry was ongoing and all relevant safety concerns would be examined before any final decision was taken.

The Fire and Emergency Services Department also filed a counter affidavit clarifying that an online application seeking NOC for the proposed petrol pump had been received on February 6, 2026 and that preliminary verification was underway. The department informed the Court that no construction activity had started at the site and emphasized that its role was to ensure compliance with prescribed fire safety standards before operational approval could be granted.

During the hearing, the Court directed the petitioner to place on record details of other petrol pumps allegedly functioning in residential areas in violation of the same norms. The petitioner subsequently furnished a list of ten petrol pumps in Tripura which, according to him, were situated within prohibited radial distances.

Significantly, the High Court noted that the PESO circular itself allowed petrol pumps to be established within a 30 to 50 metre radius from schools, hospitals, and residential areas if specified additional safeguards were implemented. The Court reproduced portions of the circular, which prescribed measures such as construction of a two-metre-high RCC or brick masonry boundary wall, installation of underground tanks within concrete pits, relocation of tanker unloading platforms away from sensitive zones, and prohibition on refueller parking arrangements inside the proposed outlet.

The bench also referred to an Office Memorandum dated August 7, 2024 issued by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, which formed the basis of the subsequent PESO circular.

Explaining the practical realities involved in urban planning and fuel infrastructure, the Court observed that “there is a need for petroleum service station in residential areas where people reside and sometimes it may not be possible to adhere to the strict norms indicated in the CPCB guidelines.” The judges clarified that the regulatory framework itself recognized such practical constraints and therefore permitted petrol pumps within the 30-50 metre zone subject to enhanced safety safeguards.

The High Court further held that responsibility for enforcing these safeguards rested with the District Magistrate and the Fire and Emergency Services Department. The bench stated that it had “no reason to believe” that the authorities would fail to protect public safety or neglect their statutory obligations while considering the proposed retail outlet.

Dismissing the PIL as premature, the Court emphasized that the matter was still at the tender and inquiry stage, while statutory inspections and safety assessments were yet to be completed. The judges also took note of the fact that the petitioner was not residing in the immediate vicinity of the proposed site and that no local resident had approached the Court objecting to the location of the proposed petrol pump.

The ruling is significant because it reiterates the limited scope of judicial interference in infrastructure and licensing matters at a preliminary stage, particularly where statutory authorities are actively examining compliance with safety regulations. The judgment also clarifies that PESO guidelines do not impose an absolute prohibition on petrol pumps near residential areas but instead contemplate conditional approvals subject to stringent safety measures.

For urban residents and commercial operators, the decision highlights the balance courts seek to maintain between public safety concerns and the practical need for fuel infrastructure in expanding cities. It also reinforces the role of district administrations, PESO authorities, and fire safety departments in ensuring that petrol pump projects comply with technical and environmental safeguards before becoming operational.

Case Reference: Sri Rishiraj Nath v. State of Tripura & Ors., WP(C)(PIL) No. 02 of 2026

Appearances: Petitioner appeared in person; Mr. Dipankar Sarma, Additional Government Advocate for respondent Nos. 1, 2 and 7; Mr. Arijit Bhaumik for Agartala Municipal Corporation; and Mr. Rajib Saha for Indian Oil Corporation Limited.