Supreme Court Allows Appeal Against NGT Order on Bhogapuram Airport Environmental Clearance
The Supreme Court of India recently delivered a significant judgment in the case of Sridevi Datla v. Union of India & Ors., dealing with the issue of environmental clearance for the construction of the Greenfield International Airport in Bhogapuram, Visakhapatnam. The case revolved around the delay in filing an appeal against environmental clearance granted to the airport project and the National Green Tribunal’s (NGT) refusal to condone the delay.
Background of the Case
The appellant, Sridevi Datla, challenged the environmental clearance granted by the Ministry of Environment, Forests, and Climate Change (MoEF) to the Bhogapuram International Airport project. The MoEF granted approval on 14.08.2017, and the clearance was published in an English daily on 13.09.2017. As per the National Green Tribunal Act, 2010, appeals against environmental clearances must be filed within 30 days, extendable to a maximum of 90 days if sufficient cause is shown.
The appellant filed an appeal before the National Green Tribunal (NGT) on 13.11.2017, along with an application for condonation of delay. She argued that the delay was due to the voluminous nature of the documents and the need for expert consultation. However, the NGT dismissed her appeal, citing that it was filed beyond the prescribed limitation period.
Arguments by the Petitioner (Sridevi Datla)
The petitioner, represented by senior counsel, raised the following key arguments:
- The environmental clearance was not communicated properly to affected individuals, and mere publication on the MoEF website did not constitute valid notice.
- The project applicant was required to inform the local community and Panchayats, which was not done.
- The appeal was filed on 13.11.2017, and since 12.11.2017 was a Sunday, the appeal should be considered within time under Section 10 of the General Clauses Act.
- The NGT erred in not considering the technical complexities involved, which required expert consultation before filing the appeal.
Arguments by the Respondents (Union of India and Bhogapuram International Airport Corporation Ltd.)
The respondents countered:
- The environmental clearance was uploaded on the MoEF website on 14.08.2017, and under Section 19 of the NGT Act, the limitation period started from that date.
- The clearance was published in an English daily on 13.09.2017, satisfying the requirement of public notice.
- The appeal was filed beyond the 90-day maximum limit, making it time-barred.
- The NGT correctly rejected the condonation of delay application.
Supreme Court’s Observations
The Supreme Court, led by Justices L. Nageswara Rao and S. Ravindra Bhat, examined the issue of limitation and the grounds for condonation of delay.
1. Communication of Environmental Clearance
“The requirement of communicating an order means more than merely uploading it on a government website.”
The Court held that merely publishing an approval on a website does not satisfy the requirement of proper communication to affected parties.
2. Applicability of General Clauses Act
“If the last date for filing an appeal falls on a Sunday, the next working day should be considered as the deadline.”
The Court ruled that the appeal was not time-barred, as it was filed on the next working day.
3. Need for Expert Consultation
“Environmental disputes require technical expertise and legal consultation, which justifies reasonable delay in filing appeals.”
The Court acknowledged that complex environmental matters necessitate expert advice, supporting the appellant’s plea for condonation of delay.
Supreme Court’s Verdict
The Supreme Court ruled:
- The NGT’s rejection of the appeal on grounds of delay was incorrect.
- The delay in filing the appeal was condoned.
- The matter was remanded to the NGT for fresh consideration on merits.
Impact of the Judgment
The ruling has important implications:
- Ensures fair access to justice in environmental cases.
- Clarifies the communication requirements for environmental clearances.
- Reaffirms that procedural technicalities should not defeat substantial justice.
Conclusion
The Supreme Court’s decision in this case upholds the principle that procedural delays should not prevent genuine environmental concerns from being heard. The judgment provides clarity on the limitation period for appeals and reinforces the need for proper communication of environmental clearances.
Petitioner Name: Sridevi Datla.Respondent Name: Union of India & Ors..Judgment By: Justice L. Nageswara Rao, Justice S. Ravindra Bhat.Place Of Incident: Bhogapuram, Visakhapatnam.Judgment Date: 02-03-2021.
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