Limitation for filing appeals against EC orders of the National Green Tribunal begins from the earliest communication

Supreme Court Upholds Limitation Period for Environmental Appeals. Talli Gram Panchayat's appeal dismissed by Supreme Court due to expiration of limitation period under National Green Tribunal Act, 2010.

In a landmark judgment delivered by the Supreme Court of India, the appeal filed by Talli Gram Panchayat challenging the environmental clearance (EC) granted for limestone mining in Gujarat was dismissed due to being filed beyond the permissible limitation period. The judgment, delivered by Justices Pamidighantam Sri Narasimha and Atul S. Chandurkar, clarifies the commencement of the limitation period under Section 16(h) of the National Green Tribunal Act, 2010, emphasizing the principle of "first accrual."

The case arose when Talli Gram Panchayat sought to challenge the EC issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) for limestone mining in Talli and Bambor villages. The appeal was dismissed by the National Green Tribunal (NGT) as it was filed after the maximum condonable period of 90 days had expired.

According to the Supreme Court's interpretation, the limitation period for filing an appeal begins from the earliest communication of the EC by any duty bearer, which includes MoEF&CC, the project proponent, and Pollution Control Boards. The judgment stressed the importance of effective communication by duty bearers to ensure accessibility and public notification of environmental clearances.

The Supreme Court upheld the NGT's finding that the EC was uploaded on the MoEF&CC website on January 5, 2017, and deemed this as the starting point for the limitation period. The appellant's argument that they became aware of the EC only through a Right to Information (RTI) reply dated February 14, 2017, was rejected, as the court confirmed that the limitation period commenced from the date of first public communication.

The court also addressed the appellant's contention regarding the project's proponent's failure to publish the entirety of the EC in newspapers. It ruled that publishing the factum of EC and the substance of conditions and safeguards is sufficient compliance and does not necessitate the inclusion of the entire EC in advertisements.

This judgment reinforces the adherence to limitation periods in environmental litigation, ensuring that appeals are timely and do not obstruct the progress of projects that have been granted environmental clearances. The decision reaffirms the necessity for proper public notification and access to environmental information, thereby safeguarding environmental governance and legal procedures.

Bottom Line:

Limitation period for filing appeals under Section 16(h) of the National Green Tribunal Act, 2010, begins from the earliest communication of the Environmental Clearance (EC) carried out by any duty bearer, emphasizing the principle of first accrual. Complete compliance by duty bearers ensures effective communication and triggers the limitation period.

Statutory provision(s): National Green Tribunal Act, 2010 Section 16(h), Environmental Impact Assessment Notification, 2006 Clause 10

Talli Gram Panchayat v. Union of India, (SC) : Law Finder Doc Id # 2810700