Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 30(1)(b) National Green Tribunal Act 25 36 15 26 27 28 29 2010 – ss. 14 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Environment (protection) Act, 1986 (29 of 1986) National Green Tribunal Act, 2010 (19 of 2010) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | National Green Tribunal Act, 2010 – ss. 14, 15, 25, 26, 27, 28, 29, 30(1)(b), 36 – Environment (Protection) Act, 1986 – s. 2(a), 3(3), 5, 5A – National Green Tribunal (Practices and Procedures) Rules, 2011 – Rule 24 – Water (Prevention and Control of Pollution) Act, 1974 – s.25 – Air (Prevention and Control of Pollution) Act, 1981 – s. 21 – The Principle Bench of the NGT in the O.A.No.147 of 2016 issued directions to install Stage-I and Stage-II vapour recovery devices (VRD) at all fuel stations, distribution centers, terminals, railway loading/unloading facilities and airports in the National Capital Territory of Delhi – Thereafter, respondent no.2-a resident of Chennai, filed O.A.No.138 of 2020(SZ) raising issue in regard to the non-installation of Vapour Recovery Systems (VRS) in the petroleum outlets by the oil marketing companies (OMCs) – The NGT, Chennai, inter-alia, directed the Central Pollution Control Board (CPCB) as well as the State Pollution Control Boards to issue directions to make it mandatory to obtain Consent to Establish (CTE) and the Consent to Operate(CTO) for new retail petroleum outlets as well as the existing retail outlets – Issue before the Supreme Court; whether the NGT has the jurisdiction to direct the CPCB that it should in exercise of its powers u/s. 5 of the Act 1986 make obtaining of the CTE and CTO reply mandatory for all the petroleum retail outlets across the country – Held: All the appellants have installed VRS and VRD at their sites and retail outlets – Respondent no.2 had not prayed before the NGT, Chennai to make CTE and CTO mandatory – The fact that CPCB in consultation with Ministry of Petroleum and Natural Gas has issued circulars/guidelines from time to time for installation of VRS – Directions issued by the NGT, Chennai in regard to installation of the VRS in the impugned judgment are not inclined to be disturbed – CPCB directed to ensure that these directions are scrupulously followed – NGT in its impugned order had noted that the oil industry is characterized as “green category” and the CTE and CTO was not required – Apprehension on the part of the NGT that the installation of VRS may not be strictly monitored by the State Pollution Control Boards, led the NGT to issue directions making obtaining the CTE and CTO mandatory – However, it is not necessary to make obtaining of CTE and CTO mandatory, accordingly directions in this regard are set aside – Instead, CPCB directed to instruct all the State Pollution Control Boards to ensure that the guidelines issued by the office memorandum dated 07.01.2020 are strictly adhered to – NGT has the power to direct the CPCB that it should exercise its power u/s. 5 of the Act 1986 for the purpose of protecting environment and it was well within its jurisdiction. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2023 INSC 231 |
Petitioner | M/s Indian Oil Corporation Limited |
Respondent | V. B. R. Menon & Others |
SCR | [2023] 5 S.C.R. 215 |
Judgement Date | 2023-03-14 |
Case Number | 421 |
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