ORDER

Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stand disposed of.

Sd/-

........................................J.M. (Justice K. Ramakrishnan)

Sd/-

....................................E.M.

(Shri. Saibal Dasgupta)

O.A. No.138/2020 (SZ)

23^rd December, 2021. Mn.

Item No.1:-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 138 of 2020 (SZ)

(Through Video Conference)

IN THE MATTER OF V.B.R. Menon, B.E. (Mech), MBA (IIMA), LLB, Advocate, Flat No.4B, Brook Dale Apartments, No.12, P.T. Rajan Salai, K.K. Nagar, Chennai – 600 078.

...Applicant(s)

Versus

1) The Chief Secretary to Government of Tamil Nadu, Fort St. George, Secretariat, Chennai – 600 009.

2) The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Fort St. George, Secretariat, Chennai – 600 009. 3) The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi – 110 032.

4) Joint Controller of Explosives, A and D Wing, Block 1 – 8, 2nd Floor, ShastriBhavan, No.26, Haddows Road, Nungambakkam, Chennai – 600 006.

(Deleted from the party array as per order dated 04.08.2020)

5) M/s. Indian Oil Corporation Limited, Rep. by the Executive Director (Retail), Indian Oil Bhawan, No.139, Nungambakkam High Road, Chennai – 600 034.

6) M/s. Bharat Petroleum Corporation Limited, Rep. by the State Head (Retail), Southern Regional Office, No.1, Ranganathan Gardens, Off. 11th Main Road, Anna Nagar, Chennai – 600 040.

7) M/s. Hindustan Petroleum Corporation Limited, Rep. by the Zonal Manager, GMO SZ – Retail, Thalamuthu Natarajan Building, 4th Floor, No.3045, Gandhi Irwin Road, Chennai – 600 008.

8) M/s. Shell India Markets Private Limited, Rep. by the Regional Manager, South Zone Office, Campus – 4A, RMZ Millenia Business Park, No.143, Dr. M.G.R. Road, Perungudi, Chennai – 600 096.

9) M/s. Nayara Energy Limited, Rep. by the Divisional Manager, Chennai Divisional Office, No.58, New Avadi Road, Thandavaraya, Kilpauk, Chennai – 600 010.

...Respondent(s)

For Applicant(s): Mr. V.B.R. Menon (Party in person For Respondent(s): Dr. D. Shanmuganathan for R1 and R2.

Mr. T.N.C. Kaushik for R3.

*Mr. Abdul Saleem, Mr. S. Saravanan and E. Karthikeyan for M/s. AAV Partners for R5, R6, R7 & R9.

M/s. King & Partridge for R8.

Judgment Reserved on: 03rd December, 2021.

Judgment Pronounced on: 23rd December, 2021.

CORAM HON’BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE Mr. SAIBAL DASGUPTA, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet – Yes/No Whether the Judgment is to be published in the All India NGT Reporter – Yes/No

JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member.

1. The grievance in this application is regarding non-installation of Vapour Recovery Systems (VRS) in the petroleum outlets by the oil marking companies as directed by the Principal Bench of National Green Tribunal.

2. It is also alleged in the application that it is a well known fact that the fumes coming out of petroleum outlets have impact on air quality in the area and affect the health of the people. It was recognised by the Hon’ble High Court of Madras in B. Moorthi vs. The District Revenue Officer and ors1 and also by the Principal Bench of National Green Tribunal in Aditya N. Prasad &Ors. Vs. Union of India and Ors.2. Considering these aspects the Principal Bench of National Green Tribunal in Aditya N. Prasad case directed the Central Pollution Control Board (CPCB) to prepare an action plan for the oil marketing companies to implement the installation of VRS in the retail outletsand accordingly, CPCB had evolved an action plan in

1W.P. No. 23546 of 2017

2O.A. No. 147 of 2016 coordination with the Ministry of Petroleum and Natural Gas and also MoEF&CC and issued directions that they will have to install VRS during fuelling of vehicles at all retail outlets in Delhi and all high selling outlets that is