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SANJAY KUMAR, K. VINOD CHANDRAN
Indian Oil Corporation Ltd. – Appellant
Versus
Deepak Sharma – Respondent
| Table of Content |
|---|
| 1. guidelines on petrol pump siting criteria (Para 1 , 2 , 3) |
| 2. ngt's procedural issues and reports (Para 4 , 5 , 15 , 16) |
| 3. arguments from appellants and respondents (Para 6 , 7 , 8 , 9) |
| 4. adjudicatory authority of ngt emphasized (Para 10 , 11 , 12 , 13) |
| 5. failure of ngt to follow principles of natural justice (Para 14 , 17 , 18 , 19) |
| 6. court's final ruling and directions (Para 20 , 21) |
JUDGMENT
K. VINOD CHANDRAN, J.
1. This is a classic case of how a busy body stalled the commencement of a petrol pump, thus frustrating the establishment of a commercial enterprise and the setting up of a public utility outlet for about six years. The 1st respondent filed an application before the National Green Tribunal (for short, the NGT), allegedly aggrieved with the illegal manner in which a petrol pump was being set up, adjacent to a gas agency and a play school. The specific allegation was that the proposed site offended the guidelines issued by the Central Pollution Control Board (for short, the CPCB), brought out at the instance of the NGT.
2. The violation was claimed to be of the siting criteria for retail outlets specified in the guidelines dated 07.01.2020 issued by the CPC
The court emphasized that the National Green Tribunal cannot abdicate its adjudicatory responsibilities to expert committees and must adhere to principles of natural justice in decision-making.
The court emphasized the necessity of bona fide actions in legal proceedings, ruling that compliance with environmental regulations must be demonstrated, rejecting claims that the NOC was improperly ....
(1) Observance of Principles of Natural Justice by NGT is mandatory.(2) Recommendations made by an Expert Committee are not binding on NGT – They are only by way of assistance to enable NGT to arrive....
The main legal point established is that while NGT has broad discretionary powers in environmental matters, it should ensure reasonableness in issuing directions such as making obtaining Consent to E....
Noise complaints actionable only if exceeds standards by 10 dB(A); pre-existing CNG stations exempt from new siting criteria.
The NGT cannot delegate its core adjudicatory functions to administrative expert committees and must adjudicate on environmental issues within its jurisdiction.
The National Green Tribunal must comply with principles of natural justice, ensuring parties have the opportunity to present their case before any adverse decisions are made.
Point of law : there are no definitions for air pollutant, emission and industrial plant either under the Environment Protection Act, 1986 or under the NGT Act, 2010. Accordingly, the said definition....
The NGT must adhere to principles of natural justice and cannot abdicate its adjudicatory role to committees; fair hearing is essential in decisions regarding environmental compensations.
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