Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Green Tribunal Act 2010 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Green Tribunal Act, 2010 – ss.14, 16 and 38 – In April 2007, the seventh respondent, Steel Authority of India (SAIL) and Jayprakash Associates entered into a Memorandum of Association to establish a cement grinding unit of 2.2 MTPA capacity at Bhilai, Chhattisgarh – Pursuant thereto, they set up the tenth respondent, Bhilai Jaypee Cement Limited – A parcel of land admeasuring 34.59 acres belonging to SAIL, falling in the villages of Hingna and Maroda at Bhilai in District Durg, was leased out to the tenth respondent for thirty years, based on a long-term lease – The land use of this land was designated as “green belt” in the 1991 Development Plan of Bhilai – On the tenth respondent’s application, an Environmental Clearance was granted to their project of the cement grinding unit on 1 May 2008 by the second respondent, the then Ministry of Environment and Forests – On 18 February 2011, State notified modification of the use of land to “industrial purpose” from “green belt” – Appellant-writ petitioner instituted PIL under Art.226 of the Constitution of India before High Court for quashing the EC and notification of the State and sought restoration of land as “green belt” – High Court transferred the petition to NGT, wherein it was dismissed on the ground of limitation and lack of jurisdiction in NGT for entertaining notification of State – Hence instant appeal by original writ petitioner – Held: NGT came into force on 18 October 2010 – s.38(5) makes a provision for transfer of all cases pending before its enactment to the NGT – EC was issued prior to enforcement of NGT Act and no steps were taken by writ petitioner under the old Act – Hence, there was no question of transfer of proceeding under s.38(5) of NGT Act – Challenge before High Court was raised three years after the date of notifying EC – Therefore, Challenge to EC was barred by limitation – State notified on 18 February 2011 modification of the use of land to “industrial purpose” from “green belt” whereas petition was instituted on 8 September 2011 – s.14(3) of NGT Act provides six months limitation period to apply for a dispute before NGT and power to condone a delay for a further period not exceeding sixty days – Proceedings remitted to NGT to determine whether the delay can be condoned for sufficient cause within extended period by applying proviso to s.14(3) – NGT left with the liberty to take a decision on all the issues. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 265 |
Petitioner | Raza Ahmad |
Respondent | State Of Chhattisgarh & Ors. |
SCR | [2022] 2 S.C.R. 850 |
Judgement Date | 2022-03-07 |
Case Number | 2804 |
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