Judgment of the Supreme Court of India in the matter of M/S Indian Oil Corporation Limited Vs V B R Menon & Others dated 14/03/2023.

The appeal is filed by the oil marketing company - the Reliance BP Mobility Limited and is directed against the judgment and order dated December 23, 2021 passed by the NGT, Chennai in the Original Application No. 138 of 2020 (SZ) insofar as the impugned order 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 petroleum outlets.

V.B.R. Menon, a resident of Chennai, had filed the Original Application No. 138 of 2020 (SZ) before the NGT, Chennai raising the issue in regard to the non-installation of Vapour Recovery Systems (VRS) in the petroleum outlets by the oil marketing companies (OMCs).

The Supreme Court directed the Central Pollution Control Board (CPCB) to ensure that all the retail petroleum outlets located in different cities having population of more than 10 lakh and having turn over of more than 300 KL/Month should install the VRS mechanism within a fresh timeline.

The CPCB has been asked to instruct all the State Pollution Control Boards to ensure that the guidelines issued by it vide the Office Memorandum dated January 7, 2020 are strictly adhered to. If there is breach of any of the guidelines issued by the CPCB then the concerned State Pollution Control Board shall proceed against the erring outlet in accordance with law at the earliest.