Indian Oil Corporation Limited v. V. B. R. Menon and Others, 2023 SCC OnLine SC 257: Case Commentary

In the case of Indian Oil Corporation Limited v. V.B.R. Menon & others, 2023, the Supreme Court of India analyzed the scope, authority and power of the National green tribunals. In present case an appeal was directed to challenge the order of the NGT which directed petroleum retail outlets to obtain Consent to Establish (CTE) and Consent to Operate (CTO) from pollution control authorities. The NGT's intention was to ensure compliance with the vapour recovery system, but the Supreme Court found that imposing CTE/CTO on petroleum retail outlets was beyond the ambit of the NGT. It was further held that according to CPCB's own guidelines, petroleum outlets are treated on par with "green category" industries and are thus exempt from obtaining such consents. The Court upheld installation of VRS but struck down NGT directions on CTE/CTO thereby reaffirming the primary role of CPCB as far as the regulation is concerned. Thus, the judgment seeks an appropriate balance between environmental caution and procedural safeguards, which also speaks about reinforcing the supremacy of statutory mechanisms. The judgment further clarifies the extent to which the NGT can exercise its powers under the Environment (Protection) Act, 1986 and the NGT Act, 2010.