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PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR
Talli Gram Panchayat – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. The date on which environment clearance (EC) granted to the project proponent is “communicated” to “any person aggrieved” is relevant for calculating the period of limitation for filing an appeal under Section 16(h) of the Green Tribunal Act, 2010.1[Hereinafter referred to as the ‘Act’.] Considering the fact that such communication is the obligation of plurality of duty bearers and to “any person”, we have interpreted Section 16(h) of the Act to hold that limitation will commence from the earliest of the date on which the communication is carried out by any of the duty bearers. Having considered the legal and factual submissions of the appellant, we have come to the conclusion that the appeal filed by the appellant is beyond the mandatory period of limitation. We have thus affirmed the judgment of the Tribunal and dismissed the appeal.
Facts :
2. The respondent being the project proponent, applied and obtained an EC for limestone mining covering an extent of 193.3269 hectares at Talli and Bambor villages in Gujarat from the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 05.01.2017. The appellant, the Gram Panchayat of village Talli, sought to challenge
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