JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The above appeal has been filed by the Kerala State Pollution Control Board against the order passed by the 1st respondent/Appellate Authority in Appeal No.07 of 2021 dated 21.05.2021, setting aside the so called order passed by the appellant shown as annexure R5 in the impugned order which was produced by the appellant as Annexure-H, Letter dated 28.09.2020 under Section 16 of the National Green Tribunal Act, 2010.

2. It is alleged in the appeal memorandum that the Central Pollution Control Board (CPCB) had issued guidelines for management of consent and authorization to be followed by all State Pollution Control Boards in the Country and Pollution Control Committees in the Union Territory. As per Clause 10 (1) of the guidelines, categorization of industries for the management of consent has to be made into Red, Orange and Green as per details given in Schedule V of the said Guidelines. According to the schedule (Item No.26) “petroleum products/crude oil storage and transfer excluding cross country pipeline” come under the Orange category and the consent purview of the Board evidenced by Annexure – A, Guideline.

3. Bas