The National Green Tribunal today rejected Adani Pench Power Ltd's objection that the challenge to the clearance granted to its thermal power project in Chhindwara District of Madhya Pradesh was time barred for consideration.
A bench headed by NGT Chairperson Justice Swatanter Kumar agreed to hear on merits the petition filed by activist Medha Patkar, saying it has been filed within the stipulated period of 90 days.
"We are of the considered view that the present appeal has been filed within the period of limitation and the objection raised by the respondent is without any merits. The preliminary objection raised by the respondent is hereby rejected and we direct the appeal to be listed on merits," the bench said.
Adani had objected to Patkar's plea saying the environmental clearance was granted and communicated on October 16-17, 2012 while the petition was filed on January 30, 2013 and as such there is a delay of 16 days beyond the period of the stipulated 90 days.
The MoEF had also taken a similar argument that the plea had been filed beyond the period of limitation.
In her petition, Patkar has challenged the legality and correctness of the environmental clearance granted on October 16, 2012 by the Ministry of Environment and Forests (MoEF) to Adani's 2x660 MW imported coal based thermal power plant at villages Dhanora, Chausara, Dogawani Pipariya, Hiwarkhedi and Thawriteka in Chaura and Chhindwara taluka in district Chhindwara of Madhya Pradesh.
She has contended in her petition that the environmental clearance (EC) has been granted to the Adani "in violation of the Environmental Impact Assessment notification of 2006 in an arbitrary manner and it being contrary to law, is otherwise illegal".
