The National Green Tribunal (NGT) has agreed to hear the case on challenging the environmental clearance for Kaleshwaram project. This was communicated by the NGT on Monday.
Md. Hayatuddin of Vemulaghat village in Toguta mandal filed a case challenging the clearance for the Kaleshwaram project on February 13, 2018. However, the NGT refused to hear the case stating that it was mandatory to file any objection within 30 days. Environment clearance was accorded on December 22, 2017 and there was a delay of 22 days in filing the objections.
Prior to grant of environment clearance (EC), an original application was also filed by the present appellant, which was subsequently decided on August 21, 2018.
In view of the subsequent development, he had preferred an appeal against the EC granted on December 22, 2017.
Statutory period
“There is no dispute about the fact that instant appeal was filed on February 13, 2018. The Environment clearance was granted on December 22, 2017, and the same was uploaded by the Ministry on December 28, 2017. The appeal has been filed on 13 February, 2018, that is after 46 days of grant of EC. The statutory period for filing of appeal is 30 days. Consequently, the appeal has been filed after a delay of 16 days.”
“We have carefully perused the arguments made by the parties in the application for condoning the delay as well as the respective replies filed by them. After considering the overall facts and circumstances of the case, the amount of delay caused and the fact that environment clearance was uploaded by the Ministry, not simultaneously, but after a period of one week, we are of the considered opinion that in the interest of justice, the delay in the instant case be condoned and the appeal be heard on its merits. Accordingly, MA No. 175/2018 stand allowed. List the main appeal for hearing on August 26, 2019,” read the order issued by National Green Tribunal judicial member Justice Raghavendra S. Rathore, and expert member Dr. Satyawan Singh Garbyal.
