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Supreme Court of India 2023-03-14 partly_allowed

M/s Indian Oil Corporation Limited vs V.B.R. Menon & Others

Bench: 2 — Sudhanshu Dhulia, J.B. Pardiwala

In Brief

The Supreme Court addressed whether the National Green Tribunal (NGT) could mandate that petroleum retail outlets obtain Consent to Establish (CTE) and Consent to Operate (CTO) from pollution control boards. While upholding the NGT's jurisdiction and power to direct environmental protective measures, the Court held that making CTE/CTO mandatory for all outlets was unreasonable and caused unwarranted hardship. The Court set aside those directions, finding that the Central Pollution Control Board's detailed 2020 guidelines on pollution prevention were sufficient if scrupulously followed. However, the Court upheld requirements for Vapour Recovery Systems at large outlets in major cities, with enforcement through existing legal provisions rather than additional consent requirements.

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Environmental Law Administrative Law Petroleum Regulation National Green Tribunal Jurisdiction Pollution Control Consent Requirements

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