The Tribunal dismissed the plea of an NGO and said that even as it was "inclined to take a liberal view and condone the delay", the National Green Tribunal (NGT) Act, 2010 bars it from hearing appeals filed after 90 days from the day of grant of clearance was communicated.
"The legislature in its wisdom having explicitly provided the period of limitation and a bar not to entertain any appeal after 90 days, this Tribunal, constituted under the said Act, cannot expand the period of limitation any further," said a bench of Tribunal's Acting Chairperson Justice A S Naidu and G K Pandey.
Before dismissing the appeal, the bench said "we were initially satisfied and inclined to take a liberal view and condone the delay, but then provisions of the NGT Act, 2010 has circumvented the power of this Tribunal from entertaining an appeal filed after thirty plus sixty i.E. Ninety days there by creating an embargo in condoning the delay."
An NGO, Consumer Federation Tamil Nadu, had challenged the May 18, 2011 environment clearance granted to SRM Energy Ltd for its 3x660 MW super critical imported coal based thermal power plant, in Cuddalore District of Tamil Nadu.
The bench said the Act explicitly stipulates that the limitation period for filing an appeal would be 30 days from the date of communication of the order and the Act empowers the Tribunal to further entertain appeal filed within sixty days thereafter. (More) PTI UPT RKS