ORDER

1. Heard Mr. Deepesh Shukla, Advocate for applicant and Dr. Sapna Aggarwal and Harman Guliani, Advocates for MoEF&CC, Mr. Shivraj Singh, Advocate for respondents 4,5,6 and Ms. Parul Bhadoria, Advocate for CECB.

2. A primary objection has been raised on behalf of respondents that the Appeal is apparently barred by limitation.

3. This appeal under Section 16 read with Section 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’ has been preferred against Environmental Clearance (hereinafter referred to ‘EC’) dated 15.09.2022 issued by Ministry of Environment Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) granting clearance to M/s Phil Steel and Power Pvt. Ltd. i.e., respondent 4 for establishment of DRI Kilns (Sponge Iron-2,31,000 TPA), Induction Furnaces with LRF and CCM (MS Billets/Ingots-99,000 TPA), Ferro Alloy Units (FeSi-14,000 TPA/FeMn-50,400 TPA/SiMn-28,800 TPA/FeCr- 30,000 TPAI, WHRB based power plant-16 MW (2X8 MW), AFBC based Power Plant-12 MW, Briquetting plant-200 Kg/Hr & Brick manufacturing unit (30,000 Bricks/Day) at the plant located Ghutku and Nirtu Villages, Takhatpur Tehsil, District Bilaspur, State of Chhattisgarh.

4. It is not in dispute that above EC was placed on online portal by MoEF&CC on same day i.e., 15.09.2022. Appeal however has been filed before Tribunal on 08.01.2023. In memo of appeal, appellant under the head ‘limitation’ has said that there is no delay in preferring the appeal since he came to know about the EC, late, and thereafter approached Regional Office, Chhattisgarh Environment Conservation Board Bilaspur, Chhattisgarh who informed him that copy of EC is available on online portal and thereafter, appellant procured copy of EC and filed appeal.

5. Appellant is a third party who is not to be communicated a copy of EC separately, by MoEF&CC. When copy of EC was placed on online portal by MoEF&CC, the communication to general public is deemed in law. Section 16 provides period of limitation of 30 days from the date on which order or decision or direction or determination is communicated. In present case, since communication to public at large is deemed on 15.09.2022, 30 days limitation expired on 15.10.2022. In the absence of any application or request seeking condonation of delay, by explaining reason of delay the appeal is apparently barred by limitation.

6. Even if we intend to exercise our power of condonation of delay as provided in Proviso to Section 16, the maximum period which can be condoned is only 60 days, which in the present case, would expire on

14.12.2022 while Appeal has been filed in the office of this Tribunal only on 08.01.2023.

7. It has been repeatedly held by Supreme Court that power of condonation of delay condoning any length of time cannot be exercised if maximum period of condonation is provided in the statute making specific provision with regard to limitation and condonation of dely.

8. In view thereof, Appeal being barred by limitation, is hereby dismissed on the ground of limitation.

Sudhir Agarwal, JM Dr. Afroz Ahmad, EM July 26, 2023 Appeal No.01/2023(CZ)

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