NGT lacks jurisdiction under Ss.14/15 to challenge time-barred ECs appealable under S.16; no appellate power indirectly.

ORDER

1. Heard Mr. Vanshdeep, Counsel appearing for Applicant.

2. The present Original Application (hereinafter referred to as ‘OA’ under Sections 14 and 15 under National Green Tribunal Act, 2010 (hereinafter referred as ‘NGT Act 2010’) has been filed by Rajiv Kumar assailing Environmental Clearances (hereinafter referred to as ‘EC’) dated 18.12.2018 and 15.10.2020 issued by State Environment Impact Assessment Authority, State of Uttar Pradesh (hereinafter referred to as ‘SEIAA, UP’) i.e., respondent no. 4 in respect of two adjoining sand mining areas situated at Gata No. 1, Khand No 1 and 2, Village Unchgaon Khadar, Tehsil- Dibai, District Bulandshahar, Uttar Pradesh. Applicant prays for setting aside/termination of the said ECs. He has also said that subsequently, vide orders dated 22.11.2021 and 24.11.2022, ECs have been transferred and therefore a further prayer has been made for setting aside orders of transfers dated 22.11.2021 and 24.11.2022.

3. The relief prayed in OA are as under:

“In light of the above stated facts and circumstances, it is most respectfully prayed that this Hon’ble Tribunal may be pleased to pass the following orders:

i. Allow the present Application and pass an Order setting aside / quashing the two (2) Impugned Environmental Clearances dated 18.12.2018 & 15.10.2020 issued by the Respondent No. 4 SEIAA, UP with respect to the two (2) adjoining Sand Mining Areas situated at Gata No. 1, Khand 1 & 2, Village Uchagaon Khadar, Tehsil Dibai, District Bulandshahar, UP as illegal, non-est and void-ab initio being contrary to the Statutory procedure under Appendix XI of the EIA Notification, 2006 (as amended on 15.01.2016) and the Sustainable Sand Mining Guidelines, 2016; and ii. Pass an Order directing the Respondents No. 1-4 to terminate/set aside the consequent Transfer of the Impugned ECs vide Order dated 22.11.2021 & 24.11.2022; and iii. Pass an Order directing the Respondents No. 1-4, to not allow any mining until fresh Environmental Clearances are granted in accordance with the EIA, 2006 read with Appendix XI thereof; and iv. Pass an Order restraining the Respondent No. 6 and 8 to conduct mining in the submerged water areas situated at Gata No. 1, Khand 1 & 2, Village Uchagaon Khadar, Tehsil Dibai, District Bulandshahar, UP;

v. Pass an Order directing the Respondents No. 1-4, to determine and recover compensation for illegal mining from the Respondent No. 5-8 in accordance with law; and vi. Pass any other orders as the Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the instant case.”

4. Whenever an EC is granted under the provisions of Environment Impact Assessment Notification dated 14.09.2006 as amended from time to time (hereinafter referred to as ‘EIA 2006’), any person aggrieved from such EC has a remedy of appeal under Section 16(h) which reads as under:

“16. Tribunal to have appellate jurisdiction- Any person aggrieved by,--

...

(h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986);

...

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:”

5. Section 16 also provides that appeal shall be filed with a period of 30 days from date on which the order or dec