Case Note & Summary
The dispute arose from the proposed establishment of a petrol pump by Indian Oil Corporation, which was challenged by the first respondent before the National Green Tribunal (NGT) alleging violations of Central Pollution Control Board (CPCB) guidelines issued in 2020. The guidelines required a minimum distance of 50 meters from schools, hospitals, and residential areas, with a relaxation to 30 meters possible with additional safety measures. The first respondent claimed the site was adjacent to a gas agency and play school, offending these criteria. The NGT, in its first order dated 25.09.2020, called for a report from a committee comprising CPCB, State Pollution Control Board, and State Environment Impact Assessment Authority, Uttarakhand. The committee reported that the petrol pump could be established as the area was commercial, but the NGT nonetheless directed the committee to take a final decision, keeping No Objection Certificates in abeyance. Later, the first respondent filed an execution petition under Section 25 of the NGT Act, and the NGT, by order dated 11.11.2022, disposed of it on the admission date without notice to respondents, directing the District Magistrate to ensure compliance. The appellants argued that all statutory compliances were met, the play school was non-operational, the only nearby residence belonged to the appellants' husbands, and there was no high-tension wire, while the first respondent's locus standi was questionable. The Supreme Court examined precedents including Sanghar Zuber Ismail v. Union of India, Kantha Vibhag Yuva Koli Samaj Parivartan Trust & Ors. v. State of Gujarat & Ors., and Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey, which emphasized that the NGT, as an adjudicatory authority under Sections 14 and 15 of the NGT Act, cannot delegate its functions to committees and must adhere to principles of natural justice under Section 19(1). The Court found that the NGT abdicated its jurisdiction by entrusting decision-making to a committee and violated natural justice by disposing of the execution petition without notice. It also noted the first respondent's lack of locus standi and the NGT's application of the precautionary principle without evidence. Consequently, the Court quashed the NGT orders, restoring the matter for proper adjudication, highlighting the need for the NGT to decide on merits without undue delegation.
Headnote
A) Environmental Law - National Green Tribunal Jurisdiction - Abdication of Adjudicatory Functions - National Green Tribunal Act, 2010, Sections 14, 15, 19(1) - NGT disposed of application by directing a committee to decide on compliance with CPCB guidelines for petrol pump siting, despite committee report favoring establishment. Held that NGT cannot delegate its adjudicatory functions to committees; it must adjudicate on merits as mandated by the Act. (Paras 3, 10-14) B) Environmental Law - National Green Tribunal Procedure - Violation of Natural Justice - National Green Tribunal Act, 2010, Section 19(1) - NGT disposed of execution petition on admission date without notice to respondents, directing compliance based on committee report. Held that NGT violated principles of natural justice, which are expressly mandated under the Act for fair adjudication. (Paras 5, 13-14) C) Environmental Law - Locus Standi - Personal Grievance Requirement - National Green Tribunal Act, 2010 - First respondent filed petition alleging violation of CPCB guidelines for petrol pump near school and residential area, but could not establish residence in vicinity or personal grievance. Held that locus standi requires a perceivable grievance; mere busybody interference without personal stake is insufficient. (Paras 1, 7, 9) D) Environmental Law - Precautionary Principle - Application Based on Evidence - Central Pollution Control Board Guidelines, 2020 - NGT applied precautionary principle to prevent environmental damage from petrol pump fumes without reference to studies, despite statutory clearances obtained. Held that precautionary principle must be applied based on evidence, not blanket assumptions, especially when guidelines provide for relaxations with safety measures. (Paras 2-3, 14)
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Issue of Consideration: Whether the National Green Tribunal abdicated its adjudicatory jurisdiction by delegating decision-making to a committee and violated principles of natural justice in its orders regarding the establishment of a petrol pump.
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Final Decision
Supreme Court quashed the NGT orders for abdication of jurisdiction and violation of natural justice, restoring the matter to NGT for proper adjudication on merits.
