LAWS(DLH)-2009-10-151

JAN CHETNA Vs. UNION OF INDIA

Decided On October 14, 2009
JAN CHETNA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE challenge in this writ petition is to an order dated 15th May 2009 passed by the National Environment Appellate Authority ('neaa')dismissing the Appeal No. 8 of 2009 (Jan Chetna v. Ministry of environment and Forests) on the ground of limitation.

(2.) THE Petitioner Nos. 1 and 2 filed the aforementioned appeal against the environmental clearance granted by the Ministry of Environment and forests ('moef'), New Delhi on 5th November 2008 to M/s. Scania Steel and power Limited (Respondent No. 3 herein) for expansion of its integrated steel plant and captive power plant at Chattisgarh.

(3.) UNDER Section 11 of the National Environment Appellate Authority act 1997 ('act'), the appeal against the order granting environmental clearance is to be filed within 30 days of the order. The delay thereafter up to 90 days can be condoned by the NEAA upon the Appellant showing "sufficient cause. " Section 11 (1) of the Act reads as under: