The Supreme Court has directed all retail petroleum outlets located in cities having a population of more than 10 lakh and having turn over of more than 300 KL/Month, to install the Vapour Recovery System (VRS) mechanism.
The Bench of Justice Sudhanshu Dhulia and Justice JB Pardiwala ordered the retail petroleum outlets to comply with its orders, while taking in consideration the fresh timeline prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.
Upholding the directions issued by the Chennai Branch of the National Green Tribunal regarding installation of VRS in retail petroleum outlets across the country, the Apex Court directed the CPCB to ensure that directions issued by the NGT as contained in para 69(i) and (ii) of the impugned order were fully complied with.
It further ordered the State Pollution Control Boards to ensure that the NGT order regarding the installation of VRS mechanism was complied with within the fresh timeline as prescribed by the CPCB.
However, the Apex Court set aside the NGT directions, which made the Consent to Establish (CTE) and the Consent to Operate (CTO) mandatory for new petroleum outlets.
It also set aside the NGT directions that existing petroleum outlets should obtain Consent to Establish within six months.
The top court of the country passed the order on a bunch of petitions filed by Oil Marketing Companies, challenging the NGT order of December, 2021.
Authored by Justice Pardiwala, the verdict further examined the scheme of the NGT Act 2010 to examine the question whether NGT had the jurisdiction to direct the CPCB that it should in exercise of its powers under Section 5 of the Environment Protection Act, 1986 make obtaining of the CTE and CTO mandatory for all petroleum retail outlets across the country.
The Apex Court noted that NGT was well within its powers and jurisdiction to issue the directions, however, the directions to make CTE and CTO mandatory for petroleum outlets were unnecessary in view of the existing guidelines of CPCB.
The Bench directed the CPCB to ensure that its guidelines referred to above were scrupulously followed and that there was no need to obtain the CTE and CTO for starting/operating an RO, once the guidelines were followed scrupulously.