JUDGMENT

1. This application has been moved by the applicants/appellants seeking condonation of delay in filing Appeal No.36 of 2017 preferred under Section 16 read with Section 18 of the National Green Tribunal Act, 2010 (for short, “NGT Act”) against the Environmental Clearance (EC) dated 05.01.2017 issued by respondent No.1 – Ministry of Environment, Forest and Climate Change (MoEF&CC) in favour of respondent No.4/Project Proponent – UltraTech Cement Ltd., as the quashing of the same has been prayed.

2. The case of the applicants/appellants is that the impugned order was passed on 05.01.2017 which came to their knowledge on 14.02.2017. The applicants had filed an application under the Right to Information Act to respondent No.1 enquiring about grant of EC to Respondent No.4, reply of which was received by them on 14.02.2017. The cause of action arises on the date on which the order is `communicated‟ to him, therefore, the limitation in the present case would commence from the date when the EC was communicated to the applicants i.e. 14.02.2017. Thus the present appeal has been filed within 90 days from 14.02.2017 as per the provisions under Section 16 of the NGT Act. The applicants have made a reference of the judgment of Principal Bench of this Tribunal dated 14.03.2012 passed in M.A. No.347/2012, arising out of Appeal No.76/2012 (Nikunj Developers &

Anr. Vs. State of Maharashtra Environment Department and Ors.), wherein it is held as follows:-

“Every appeal has to be filed within 30 days from the date of communication of the order. That is what an applicant is required to ensure before the appeal is heard on merits. However, the Tribunal has been vested with the jurisdiction to entertain the appeal which is filed after 30 days from the date of communication of an order.”

3. The applicants tried to enquire about the EC and also checked about the same on the website of MoEF, however, due to some technical reasons they were unable to have access to it. There was no other publication of the EC for the concerned villagers either by MoEF or by the Project Proponent. Therefore, being left in dark, the applicants filed application under the Right to Information Act. The applicants after having received knowledge of the impugned order had to pass few resolutions. There had to be coordination with various panchayats. Thus the appeal could not be filed within 30 days. The applicants sought legal advice on how to proceed further. In gathering information, passing relevant resolutions and consulting the villagers and eventually consultation with lawyers resulted in delay beyond 30 days. It should not be taken an intentional delay. According to the applicants, though they had taken all possible steps to have the appeal filed in time, but inadvertently the delay of 34 days has occurred in filing of the same due to bonafide reasons, which is required to be condoned. The limestone mining by the Project Proponent under the project for which EC is granted would lead to severe salinity ingress which will have serious impact on ecology of the region and will also prove to have direct and disastrous effect on the fertility of the land in question. Therefore, if the delay is not condoned, the applicants would suffer irreparable loss while on the other hand, the respondents would not suffer any harm or prejudice. Hence, the present application may be allowed.

4. The stand of respondent No.1 – MoEF&CC is that the EC was uploaded on the website of the Ministry as per the information given to them by National Informatics Centre (NIC). The copy of the EC had been uploaded on the website on the date of its issuance i.e. 05.01.2017. Respondent No.1 had also sent an email on 10.11.2022 wherewith the following information had been given with respect to uploading of EC on its website, which is reproduced hereunder:-

“NIC informed that as per the information available, Proposal no.IA/GJ/MIN/34113/2015 is visible in track option and same is also available in publi