In the matter of M/s Indian Oil Corporation Ltd vs VBR Menon and others. the Division bench of the Apex Court comprising Justices Sudhanshu Dhulia and JB Pardiwala directed Retail Petroleum Outlets of the Urban Cties to install Vapour Recovery System. The court further directed that this should be done within the fresh timeline prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.

"The CPCB shall ensure that the directions issued by the NGT as contained in para 69(i) and (ii) of the impugned order are fully complied with. It shall be the legal obligation of all the State Pollution Control Boards to ensure that the directions issued by the NGT in regard to the installation of the VRS mechanism are complied with within the fresh timeline as prescribed by the CPCB", the bench observed.

The bench however dismissed the NGT directions to make Consent to Establish(CTE) and Consent to Operate(CTO) mandatory for new petroleum outlets. Oil Marketing Companies filed a plea in Court against NGT's order passed in December 2021.

After a Complete Examination, the bench held that the directions to make CTE and CTO mandatory for petroleum outlets were unnecessary in view of the existing guidelines of the CPCB. The bench impressed upon the CPCB to ensure that its guidelines referred to above are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a RO is warranted.

''We set aside the directions issued by the NGT in the impugned order as contained in para 69(iii) and (iv). Instead, we direct the CPCB to instruct all the State Pollution Control Boards to ensure that the guidelines issued by it vide the Office Memorandum dated 07.01.2020 are strictly adhered to. If there is breach of any of the guidelines issued by the CPCB vide Office Memorandum dated 07.01.2020, then the concerned State Pollution Control Board shall proceed against the erring outlet in accordance with law at the earliest"