VIDHAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal was registered under the provisions of Section 16 of the National Green Tribunal Act, 2010 after the Original Writ Petition No. 17/2012 filed by the Appellant before the Hon'ble High Court of Judicature at Bilaspur, Chhattisgarh was transferred in terms of the directions of the Hon'ble Supreme Court in the case of Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India & Others : (2012) 8 SCC 326. Initially, the Writ Petition was transferred to the Principal Bench of the National Green Tribunal (NGT) at New Delhi and subsequently on constitution of Central Zone Bench of National Green Tribunal at Bhopal the case was transferred to Central Zone Bench and has since been heard here.

(2.) THE Respondent No. 8 filed Misc. Application No. 42/2013 on 02.09.2013 raising the objection that the appeal was barred by limitation. After hearing the parties, vide order dated 28.11.2013, this Tribunal heard the matter on the aforesaid primary objection and came to the conclusion that so far as the appeal against the grant of Environmental Clearance (for short, 'EC') dated 09.05.2011, filed under Section 16 of the National Green Tribunal Act, 2010 is concerned, it was barred by limitation.

(3.) NOTICES were issued to the Respondent No. 7 Chhattisgarh Environment Conservation Board (for short, 'CECB') through its Member Secretary as well as Respondent No. 8 the Project Proponent to submit their response with regard to the compliance of the conditions contained in the EC (Annexure P-4).