National Green Tribunal
Dilip Pandurang Koli vs Union Of India Through The Ministry Of ... on 28 June, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Appeal No. 09/2021 (WZ)
(I.A. No. 18/2021)
Dilip Pandurang Koli & Ors. Appellant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 23.06.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Appellant: Ms. Meenaz Kakalia, Advocate
ORDER
1. This appeal has been preferred against Coastal Regulation Zone (CRZ) and Environmental Clearance (EC) granted to the Respondent No. 2, Jawaharlal Nehru Port Trust (JNPT), Maharashtra by the Ministry of Environment, Forest and Climate Change (MoEF&CC) for an additional container terminal in Uran Taluka in District Raigarh, Maharashtra vide order dated 09.10.2019.
2. Grievance of the Appellants is that the area is identified as ecologically sensitive area by the Maharashtra Coastal Zone Management Authority (MCZMA) and falls under the CRZ-1A in the concerned map. No construction is permitted in CRZ-1A. The authorities have erroneously considered the area to be CRZ IV, which is against record. While at the time grant of clearance for Container in 1 the year 2008 situation may have been different, by way of amendment in 2011, area with mudflats have been specifically declared to be part of CRZ 1A. Further, acknowledged violations of EC conditions mentioned in EC dated 29.07.2008 and traditional fishing activities have been overlooked. Public hearing has been wrongly dispensing with.
3. We have heard learned Counsel for the appellant and find that appeal under Section 16 of the National Green Tribunal, Act, 2010 (NGT Act, 2010) is barred by limitation. In the application for condonation of delay itself, it is mentioned that there is 95 days delay. Power of condonation under proviso to Section 16 of the NGT Act is limited to 60 days. Writ Petition No. 2094/2020, Permanand Jaywant Koli & Ors. v. Jawaharlal Nehru Port Trust was filed in the same matter before the Bombay High Court on 03.02.2020 which was disposed of on 16.02.2021 on the ground of alternative remedy before this Tribunal. Even exclusion of the said period does not bring the appeal within prescribed period of limitation.
4. Faced with the above, learned Counsel for the appellant prayed for converting this appeal to an original application under Sections 14 and 15 of the NGT Act. In the interest of environmental justice, we accept the prayer and treat the appeal as an original application. The office may accordingly assign OA number treating the appeal to have been disposed of.
5. In view of the contention that the area where expansion activities are to be undertaken is in CRZ-1A, where constructions are 2 prohibited and that violations of EC conditions have been found established during the site in investigation on 31.12.2013, as per Annexure-A13, there is a substantial question of environment relating to enforcement of CRZ Regulations. Response of the concerned statutory authorities and ascertainment of ground factual situation is required.
6. Accordingly, while issuing notice to the MoEF&CC, and JNPT, we constitute a four-member joint Committee comprising nominee of MoEF&CC, State PCB, MCZMA and District Magistrate, Raigarh to give an independent factual report in the matter within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. State PCB and MCZMA will be the nodal agency for coordination and compliance.
The applicant may serve a set of papers on MoEF&CC, State PCB, MCZMA and District Magistrate, Raigarh to facilitate compliance of the above order.
A copy of this order be forwarded to MoEF&CC, State PCB, MCZMA and District Magistrate, Raigarh by e-mail for compliance.
List for further consideration on 27.10.2021.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM 3 Brijesh Sethi, JM Dr. Nagin Nanda, EM June 23, 2021 Appeal No. 09/2021 (WZ) (I.A. No. 18/2021) DV 4