Indian Oil Corporation Limited vs V. B. R. Menon

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 224

SUDHANSHU DHULIA, J. B. PARDIWALA
Indian Oil Corporation Limited – Appellant
Versus
V. B. R. Menon – Respondent

Advocates appeared:
For the parties(s) : Mr. Jay Savla, Sr. Adv. Mr. Prabhat Chaurasia, Adv. Mr. Jasdeep Singh Dhillon, Adv. Mr. Rahul Gupta, AOR Mr. Pinaki Mishra, Sr. Adv. Mr. K. R. Sasiprabhu, AOR Mr. Vishnu Sharma A S, Adv. Mr. Tushar Bhardwaj, Adv. Mr. Prakhar Agarwal, Adv. Mr. T. Sundar Ramanathan, AOR Mr. Vivek Pandey, Adv. Ms. Sukanya Viswanathan, Adv. Ms. Aastha Sardana, Adv. Mr. Sanjay Kapur, AOR Mr. Tushar Mehta, Solicitor General Mr. Balaji Srinivasan, AOR Mr. Shiva Krishnamurti, Adv. Ms. Gauri Pasricha, Adv. Ms. Gauri Paricha, Adv. Mr. Devamshu Behl, Adv. Mr. Rohan Dewan, Adv. Mrs. Lakshmi Rao, Adv. Mr. A Sirajudeen, Sr. Adv. Mr. Vbr Menon, Adv. Ms. Manjeet Chawla, AOR Mr. Keethik Vasan, Adv. Mrs. Usha Pant Kukreti, Adv. Mr. Amit Anand Tiwari, A.A.G. Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv. Ms. Devyani Gupta, Adv. Ms. Tanvi Anand, Adv. Mr. Saurabh Mishra, AOR Ms. Bhumi Agrawal, Adv. Mr. Rakesh Chander, Adv. Ms. Priya Kaushik, Adv. Mr. Amrish Kumar, AOR Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Surya Prakash, Adv. Mr. Arjun Bhatia, Adv. Mr. Rahul Gupta, AOR

JUDGMENT :

J.B. PARDIWALA, J.

Since the issues raised in all the captioned appeals are the same and the challenge is also to the self same order passed by the National Green Tribunal, Southern Zone, Chennai, (for short, “NGT, Chennai”), those were taken up for hearing analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Civil Appeal No. 2039 of 2022 is treated as the lead matter.

3. This appeal is filed by an oil marketing company viz. the Reliance BP Mobility Limited incorporated under the Companies Act, 2013 and is directed against the judgment and order dated 23.12.2021 passed by the NGT, Chennai in the Original Application No. 138 of 2020 (SZ) insofar as the impugned order directs 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.

FACTUAL MATRIX:

4. It appears from the materials on record that

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2023 Supreme(SC) 224

SUDHANSHU DHULIA, J. B. PARDIWALAIndian Oil Corporation Limited – AppellantVersusV. B. R. Menon – Respondent

SUDHANSHU DHULIA, J. B. PARDIWALA
Indian Oil Corporation Limited – Appellant
Versus
V. B. R. Menon – Respondent