ORDER

I.A. No.227/2023(WZ)

1. The learned counsel Mr. OM D’Costa representing applicants/appellants has candidly admitted before us that he does not want to file any additional evidence on record to bring the fact that the EC, which is said to have been uploaded on PARIVESH Portal on 28.08.2023, was not there for 90 days continuously and would like to argue on the evidence on record already brought by the parties before this Tribunal.

2. This I.A. has been filed seeking condonation of delay of 59 days in filing the present appeal, whereby challenge is made to the impugned EC dated 28.08.2023 granted by the respondent No.1- SEIAA, Goa in favour of respondent No.2- Delta Corp. Ltd. for the project Deltin Town for Integrated Resort Complex Project in Plot bearing Survey Nos.243/1A, 263/1, 264/1, 265/1, 265/2, 265/25, 265/26, 266/1, 267/1, 267/1-A, 268/1, 268/2, 268/3, 268/4, 269/1, 280/1, 280/1-A & 280/1-B of Village Dhargalim, Taluka Pernem, District North Goa and its quashing on the grounds mentioned in the said appeal.

3. It is submitted in this I.A. that the impugned EC was not uploaded and was accessible to the applicants/appellants on the PARIVESH Portal. In fact, even after the grant of the said E.C., the PARIVESH Portal showed the status of the E.C. Application as “Under Examination”. The E.C. was neither available on the website of the Project Proponent nor was on the website of the Goa S.E.I.A.A, which are evident from the screenshots of the said websites, which are annexed as Annexure- 2 (Colly) at page nos.374-375 of the paper book.

4. Reliance is placed by the learned counsel for applicants/appellants on the Judgment of NGT delivered in the matter of Save Mon Region Federation v. Union of India [(2013) 1 All India NGT Reporter Page 1], wherein, in para no.19, following is mentioned:-

“19. The limitation as prescribed under Section 16 of the NGT Act, shall commence from the date the order is communicated. As already noticed, communication of the order has to be by putting it in the public domain for the benefit of the public at large. The day the MoEF shall put the complete order of Environmental Clearance on its website and when the same can be downloaded without any hindrance or impediments and also put the order on its public notice board, the limitation be reckoned from that date. The limitation may also trigger from the date when the Project Proponent uploads the Environmental Clearance order with its environmental conditions and safeguards upon its website as well as publishes the same in the newspapers as prescribed under Regulation 10 of the Environmental Clearance Regulations, 2006. It is made clear that such obligation of uploading the order on the website by the Project Proponent shall be complete only when it can simultaneously be downloaded without delay and impediments. The limitation could also commence when the Environmental Clearance order is displayed by the local bodies, Panchayats and Municipal Bodies along with the concerned departments of the State Government displaying the same in the manner afore-indicated. Out of the three points, from which the limitation could commence and be computed, the earliest in point of time shall be the relevant date and it will have to be determined with reference to the facts of each case. The applicant must be able to download or know from the public notice the factum of the order as well as its content in regard to environmental conditions and safeguards imposed in the order of Environmental Clearance. Mere knowledge or deemed knowledge of order cannot form the basis for reckoning the period of limitation.”

5. In view of above-mentioned facts, it is submitted by the learned counsel for applicants/appellants that the date of EC, being placed on the public domain without hindrance, is considered to be the date i.e. on 02.09.2023 when the same was published on the newspaper, which is annexed as Annexure- 3 at page nos.383 to 384 of the paper book. Therefore, the applican