J U D G M E N T

These batch of writ petitions are filed by petroleum dealers, prospective petroleum dealers and also federation of the dealers named the All Kerala Federation of Petroleum Traders, challenging insistence of consent of the Pollution Control Board (PCB) to establish or operate petroleum outlets.

2. In exercise of powers conferred by Section 64 of the Water (Prevention and Control of Pollution) Act, 1974 the Government of Kerala in consultation with the State Pollution Control Board promulgated Water (Prevention and Control of Pollution) Rules 1976. In the Rules, industries are categorised into Red, Orange and Green based on pollution potential. Among the list against Orange category, entry 26 is related to petroleum products/crude oil storage and transfer excluding cross-country pipeline. The Central Pollution Control Board issued guidelines for Management of Consent and Authorisation to be followed by all the PCBs in the States. As per clause 10(1) of the guidelines, consent of the PCB has to be obtained for industries categorised in red, orange and green categories.

3. The Board in its meeting held with the major petroleum products company decided to direct the petrole