In a sharp rebuke to procedural lapses, the Supreme Court set aside orders of the National Green Tribunal (NGT) that had stalled the establishment of a petrol pump in Uttarakhand for nearly six years. The Court observed that the matter reflected how “a busybody” can delay a public utility project without proper grounds.
Background of the Case
The dispute arose when a private individual challenged the setting up of a petrol pump, alleging violation of environmental guidelines issued by the Central Pollution Control Board (CPCB). The objections centered on proximity to a gas agency, a play school, and residential areas.
The NGT took cognizance of the complaint and, instead of deciding the issue itself, directed a joint committee to examine compliance. It also kept the No Objection Certificates (NOCs) in abeyance, effectively halting the project.
Later, in an execution petition, the NGT passed further directions without issuing notice to the concerned parties, asking authorities to enforce compliance with its earlier order.
The Supreme Court strongly criticised the approach adopted by the NGT, noting that it had failed to exercise its adjudicatory powers.
“The adjudicatory authority cannot hand over its core function to a committee,” the bench observed, stressing that expert bodies can assist but cannot decide disputes.
The Court also found a clear violation of natural justice. It pointed out that the NGT passed directions in the execution proceedings without hearing the affected parties.
“The principles of natural justice were given a complete go-by,” the bench remarked, calling such practice unacceptable in judicial functioning.
On examining the factual reports, the Court noted that the proposed petrol pump site was located in a commercial area and did not violate CPCB distance norms. The alleged play school was found non-operational, and there was no evidence of the site being within a designated residential zone under local laws.
The Court further questioned the standing of the complainant, observing that there was no clear indication of how he was personally affected.
The bench reviewed multiple inspection reports and concluded that:
- The site complied with CPCB guidelines regarding distance from sensitive areas
- Necessary NOCs had been obtained from relevant authorities
- The location was identified as a commercial zone under the Master Plan
- No substantial environmental violation was established
It also noted inconsistencies in the committee reports and criticised the NGT for accepting conclusions without proper scrutiny.
Setting aside both NGT orders dated 01.02.2021 and 11.11.2022, the Supreme Court allowed the appeals.
“The appeals stand allowed… the establishment of the petrol pump shall be permitted, if in compliance with extant laws,” the Court directed.
The Court instructed the District Magistrate, Haridwar, to reconsider the matter afresh and ensure compliance with applicable legal requirements before permitting the project.
Case Details
Case Title: Indian Oil Corporation Ltd. v. Deepak Sharma & Ors.
Case Number: Civil Appeal No. 3042 of 2023 (with connected appeals)
Judge: Justice K. Vinod Chandran and Justice Sanjay Kumar
Decision Date: March 23, 2026
