The dismissal of writ petitions on the ground of an alternate remedy does not preclude the petitioner from approaching the National Green Tribunal, and the court has the discretion to grant an extension of time for filing appeal(s) before the Tribunal.

ORDER

R Banumathi, J. - By an order dated 24th August, 2018, the Goa Coastal Zone Management Authority (GCZMA) passed an order of demolition of structures under Section 5 of the Environment (Protection) Act, 1986 which was challenged by the petitioner in W.P. No.915/2018 before the High Court which was dismissed by the High Court on 29th November, 2018 on the ground of alternative remedy and by observing that the petitioner is to approach the National Green Tribunal challenging the orders passed against him. The petitioner has also filed Misc. Civil Application No.28 of 2019 in W.P. NO.915 of 2018 for extending the time for preferring the appeal before National Green Tribunal by six weeks. M.C.A. NO.28 of 2019 was disposed of on 28th January, 2019 holding that such liberty or extension of time cannot be granted. However, the High Court extended the interim relief for a limited period of three weeks. Being aggrieved, the petitioner has preferred these special leave petitions.

2. Section 16 of the National Green Tribunal Act 2010 deals with the appellate jurisdiction of the Tribunal. In terms of Section 16(j) of the said Act any person aggrieved by an order may "within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal". As per proviso to Section 16(j) of the Act, the Tribunal on being satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.

3. Mr. Huzefa Ahmadi, learned senior counsel appearing for the petitioner, has submitted that the time stipulated under Section 16(j) of the said Act is ninety days (30 days + 60 days). It was submitted that since the High Court had entertained the writ petitions and subsequently disposed of the same with direction to approach the Tribunal, the petitioner cannot be rendered remediless on the point of limitation. It was submitted that the High Court ought to have extended time to approach the National Green Tribunal challenging the orders of the authorities in this regard. In support of his contention Mr. Huzefa Ahmadi has drawn our attention to an order passed by this Court on 15th January, 2018 in Civil Appeal NO.389 of 2018, Aman Sethi v. State of Rajasthan and Ors.

4. We find substance in the submission of Mr. Huzefa Ahmadi, learned senior counsel appearing for the petitioner. Inasmuch as the High Court has not gone into the merits of the matter, in our view the petitioner ought to be given an opportunity to approach the Tribunal challenging the orders.

5. Having regard to the submission made at the Bar, we deem it appropriate to grant four weeks' time from today to the petitioner for filing appeal(s) before the National Green Tribunal. Ordered accordingly. At this stage, Mr. Huzefa Ahmadi, learned senior counsel appearing for the petitioner, has submitted that the petitioner has already filed the appeal(s) before the National Green Tribunal. If that is so, the same shall be processed as per the rules and procedure of the National Green Tribunal.

6. The High Court while dismissing the writ petitions on the ground of an alternate remedy, has extended the interim order operating in favour of the petitioner for a limited period , as such we order to continue such orders for a further period of four weeks or till the appeal(s) is taken up by the National Green Tribunal, whichever is earlier.

7. The special leave petitions are accordingly disposed of.

8. We make it clear that we have not expressed any opinion either on the contentions raised by the petitioner or the merits of the appeal(s).

9. Pending applications, if any, shall also stand disposed of.