Reliance Bp Mobility Limited vs. The Chairman Central Pollution Control Board

ITEM NO.12+42 Court 9 (Video Conferencing) SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s).1695/2022

M/S BHARAT PETROLEUM CORPORATION LIMITED Appellant(s)

VERSUS

V.B.R MENON & ORS. Respondent(s)

(IA No.30097/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.30098/2022-STAY APPLICATION and IA No.30099/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

WITH

CIVIL APPEAL…………………. Diary No(s).5855/2022 (IA No.32195/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.32194/2022-EX-PARTE STAY and IA No.32192/2022- PERMISSION TO FILE PETITION (SLP/TP/WP/..)

C.A. No. 1758/2022 (XVII) (IA No.32766/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.32765/2022-STAY APPLICATION and IA No.32763/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 11-03-2022 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ANIRUDDHA BOSE

For Appellant(s)	Mr T. Sundar Ramanathan, AOR
	Mr Vivek Pandey, Advocate
	Ms Harshapreetha, Advocate
	Mr Navneet Dogra, Advocate
	Mr. Pinaki Mishra, Sr., Adv
	Mr. K. R. Sasiprabhu AOR
	Mr. Vishnu Sharma Adv
	Mr. Tushar Bhardwaj, Adv
	Mr. Rahul Dwarkadas, Adv
	Ms. Prachi Dhanani, Adv
	Mr. Prateek Yadav, Adv.
	Mr. Balaji Srinivasan, AOR
	Ms. Aakriti Priya, Adv.
	Ms. Garima Jain, Adv.

Ms. Lakshmi Rao, Adv. Mr. Mohammed Shahrukh, adv. Ms. Pallavi Sengupta, Adv. For Respondent(s) Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Arjun Bhatia, Adv. Mr. Lalit Rajput, Adv.

UPON hearing the counsel the Court made the following O R D E R

Civil Appeal No.1695/2022

Issue notice, returnable in six weeks.

Tag with C.A. No.421/2022.

Meanwhile, the directions issued vide impugned order of the National Green Tribunal dated 23.12.2021 shall remain stayed provided the appellant complies with the directions issued by the Central Pollution Control Board (CPCB) dated 04.06.2021 prescribing fresh timeline for completion of installation of Vapor Recovery Devices (VRD).

Mr T. Sundar Ramanathan, learned counsel appearing for the appellant has stated that in terms of the said directions of the CPCB dated 04.06.2021, VRD have already been installed in 50% retail outlets by December, 2021 in the specified category and the remaining timeline shall also be complied with.

Civil Appeal No.…………………. Diary No(s).5855/2022

Permission to file appeal is granted.

Issue notice, returnable in six weeks.

Tag with C.A. No.421/2022.

In the present case it is submitted that the appellant was not a party before the National Green Tribunal and as such the directions issued by the NGT would not be applicable to the

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appellant. It is however submitted that the directions issued by the Central Pollution Control Board (CPCB) on 04.06.2021 regarding installation of Vapor Recovery Devices (VRD) have already been complied with by the appellant.

In view of the same, we direct that the other directions issued vide impugned order of the National Green Tribunal dated 23.12.2021 shall remain stayed in so far as the case of the appellant is concerned.

C.A. No.1758/2022

Issue notice, returnable in six weeks.

Tag with C.A. No.421/2022.

Meanwhile, the directions issued by the National Green Tribunal shall remain stayed provided the appellant complies with the directions issued by the Central Pollution Control Board (CPCB) dated 12.07.2021 with regard to installation of Vapor Recovery Devices (VRD).

(ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS

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