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Item No. 3

(Pune Bench)

BEFORE THE NATIONAL GREEN TRIBUNAL

WESTERN ZONE BENCH, PUNE

(By Video Conferencing)

Appeal No. 14/2023 (WZ)

I.A. No. 91/2023 I.A. No. 92/2023

M/s Shri Balaji Anodizing

…..Appellant

Versus

MPCB

….Respondent

Date of hearing:

10.04.2023

CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER

HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

Appellant

:

Mr. Saurabh Kulkarni, Advocate

ORDER

1.

This appeal has been preferred on 25.03.2023 against the order

dated 18.01.2022 passed by the Respondent-MPCB directing the

Appellant to deposit a sum of Rs. 1,54,90,000/- by way of environmental

compensation within a period of 15 days.

2.

The learned Counsel for the Applicant has filed delay condonation

application, where-in it is stated that there is delay of just 20 days for

filing the present appeal, which may be condoned. He has drawn our

attention to the order of Hon’ble High Court of Bombay passed in Writ

Maharashtra & Ors.), where-in the said Writ Petition has been disposed of

as withdrawn because he wanted liberty to avail appropriate remedy

before this Tribunal. During argument, the learned Counsel for the

Appellant has candidly admitted that the said Writ Petition was preferred

by him on 21.01.2023 i.e. much after the expiry of limitation, as Section

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16 of the National Green Tribunal Act, 2010 provided for 30 days within

which to file the appeal and 60 days further at the discretion of this

Tribunal to condone the delay, subject to finding the ground to be

sufficient. Now the plea which has been taken by the learned Counsel for

the Appellant is that the limitation should run from the order dated

07.02.2023 when the Hon’ble High Court dismissed the Writ Petition but

we are not in agreement with the said argument because had he moved

the Hon’ble High Court within the period of limitation, we could have

granted him the exemption for the period the proceedings remained

pending before the Hon’ble High Court but in this case since the Hon’ble

High Court itself was moved after considerable delay, therefore, we do not

find any substance in the present appeal and find it to be time barred

because the order which has been assailed, is dated 18.01.2022 and the

30 days’ time would expire on 17.02.2022 and thereafter further 60 days

would expire on 17.04.2022.

3.

The learned Counsel for the Appellant has relied upon the

Judgment of Hon’ble Apex Court in the case of Sesh Nath Singh & Anr. vs.

313], where-in relevant para no. 55 Sub-Clause (2) is quoted here-in

below:-

4.

The said ruling would not be applicable in the facts of the present

case because in the said Judgment, which is being relied upon, wrong

forum was moved within time and thereafter, for whatever length of time,

the proceedings remained pending before the wrong forum, was excluded

but in the present case, such is not the case because wrong forum i.e.

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Hon’ble High Court itself was approached much after the limitation

period has expired.

5.

Therefore, the facts of the above case are distinguishable from the

facts in the present appeal. We do not find any force in the present

appeal, accordingly appeal stands dismissed as time barred along-with

the delay condonation application.

Dinesh Kumar Singh, JM

Dr. Vijay Kulkarni, EM

April 10, 2023

Appeal No. 14/2023 (WZ)

I.A. No. 91/2023 I.A. No. 92/2023

P.Kr