National Green Tribunal
Vemala Srinivas vs Ministry Of Environment Forest And ... on 22 September, 2023
Author: K. Satyagopal
Bench: K. Satyagopal
Item No.04:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Friday, the 22nd day of September2023.
(Through Video Conference)
Interlocutory Application No. 99 of 2023(SZ)
In
Appeal No.22 of 2023(SZ)
IN THE MATTER OF:
1. Vemala Srinivas
S/o Narsaiah
Aged 47 years, R/o Akkampet village,
Atmakur Mandal, Hanmakonda District, Telangana.
2. Radam Bharat Kumar
S/o Veeraswany,
Aged 43 years, R/o Rampur village
Geesukonda Mandal, Warangal District, Telangana.
3. Nerella Kamalakar
S/o Omgili,
Aged 44 years, R/o Nagayapalli village,
Atmakur Mandal, Hanmakonda District, Telangana.
4. Pedli Malla Reddy
S/o Ilaiah,
Aged 63 years, R/o Gangadevipalli Village,
Geesukonda Mandal, Warangal District, Telangana.
5. Sindhe Rajeswar Rao
S/o S. Ramaiah,
Aged 62 years, R/o Ookal Haveli village,
Geesukonda Mandal, Warangal District, Telangana.
6. Mekala Saraiah
S/o Ilaiah,
Aged 68 years, R/o Krishna Nagar village, Sangem Mandal,
Warangal District, Telangana.
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7. Chintala Ravi
S/o Ch. Narsaiah,
Aged 36 years, R/o Chintalapally village,
Sangem Mandal, Warangal District, Telangana.
8. Noora Sampath
S/o Lingaiah,
Aged 46 years, R/o Sangem village and Mandal,
Warangal District, Telangana.
9. Velpula Cheralu
S/o Mallaiah,
Aged 42 years, R/o Thimmapuram Village,
Sangem Mandal, Warangal District, Telangana.
10. Nallapu Vijay Kumar
S/o Devendar,
Aged 24 years, R/o Sangem Enugallu village and Mandal,
Warangal District, Telangana.
11. Pasunooti Sudheer
S/o P. Rajamouli,
Aged 35 years, R/o Pathipaka village,
Nekkonda Mandal,
Warangal District, Telangana.
12. Kakkerla Venkaiah
S/o Ilaiah,
Aged 55 years, R/o Thopanpally village,
Nekkonda Mandal, Warangal District, Telangana.
13. Kongari Venkaiah
S/o Veeraiah,
Aged 67 years, R/o Thopanpally village,
Nekkonda Mandal,
Warangal District, Telangana.
14. Killaru Srinivasa Rao
S/o Lakshmaiah,
Aged 52 years, R/o Mangalagudem village,
Khammam Rural Mandal,
Khammam District, Telangana-507003.
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15. Dharavathi Ram Murthy
S/o Sakru Dharavathi,
Aged 41 years, R/o H.No:2-33, Thirthala village,
Khammam Mandal, Khammam District, Telangana-507003.
16. Pratapaneni Venkateswarlu
S/o P. Satyanarayana,
Aged 58 years, R/o H.No: 11-10-689/12,
Burhanpuram, Near RR High School,
Khammam (U), Khammam - 507001, Telangana.
17. Nagandla Sridhar
S/o Venkateswarlu,
Aged 48 years, R/o H.No.1-31, Regulachalaka,
Raghunadhapalem Mandal,
Khammam District, Telangana.
18. Thakkellapati Prasada Rao
S/o Laxmaiah,
Aged 60 years, R/o H.No: 15-18-1019-305,
Sri Nagar Colony, Near Err Resorts, Mamatha Hospital Road,
Khammam, Telangana.
19. Gurram Durgamba
W/o Venkata Narasaiah,
Aged 50 years, R/o Flat No: 403, GSL Residency,
Bhuranpuram Opp. DRDA office, Khammam Urban Mandal,
Khammam District, Telangana.
20. Kutumbaka Aruna Kumari
S/o Satyanarayana,
Aged 51 years, R/o Flat No. 402, A-block,
Bommarillu Apartments, Indira nagar, Khammam, Telangana.
21. Yadala Narasaiah
S/o Mittaiah,
Aged 72 years, R/o H.No:1-125,
Ballepalli (V) Khammam District, Telangana.
22. Thakkellapati Pichamma
S/o Bhadraiah,
Aged 71 years, R/o H.No: 10-6-39/7/4,
Burhanpuram, Near Ramalayam Khammam Town & District,
Telangana.
23. Papineni Venkateswarlu
S/o Papineni Seethaiah,
Aged 63 years, R/o H.No: 8-2-183/1, Balaji Nagar,
Khanapuram (H), Khammam Town & District, Telangana.
...Appellant(s)
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Versus
1. Union of India
Rep. by its Secretary
Union Ministry of Environment, Forest & CC
Indira Paryavaran Bhavan Jorbagh,
New Delhi-110003.
2. National Highway Authority of India
Rep. by its Chairman
G 5 & 6, Sector - 10, Dwarka,
New Delhi - 110 075.
3. State of Telangana
Rep. by its Chief Secretary
Telangana Secretariat
3rd Floor, Telangana Secretariat,
Hyderabad, Telangana - 500022.
4. District Collector
Warangal District
Warangal Collector office NH163,
Balasamudram, Hanamkonda,
Telangana-506001.
5. District Collector
Khammam District, Office of District Collector,
zp center, Wyra Rd, Yedulapuram,
Khammam, Telangana 507002.
6. District Collector
Hanumakonda District
Hanumakonda Collectorate Office.
7. Telangana State Pollution Control Board
Rep. by its Member Secretary
Sanatnagar, Hyderabad-500018.
...Respondent(s)
For Appellant(s): Mr. Sravan Kumar.
For Respondent(s): None.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
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ORDER
1. This application is filed for condoning the delay of 151 days in filing the appeal challenging the Environmental Clearance (EC) dated 16.02.2023.
2. The appeal ought to have been filed on or before 17.05.2023.
3. However, the same was filed on 19.07.2023 with a delay of 151 days. Any appeal under Section 16 of the National Green Tribunal Act, 2010 has to be filed within 30 days and this Tribunal has got powers to condone the delay of another 60 days. As the above appeal is filed beyond 90 days with a delay of 151 days, the same is not maintainable.
4. As already held in Sunil Kumar Samanta Vs. West Bengal Pollution Control Board [M.A. No.573 of 2013 in Appeal No.67 of 2013] by the Principal Bench of National Green Tribunal, New Delhi on 24.07.2014, it is settled that the provisions of Section 16 of the National Green Tribunal Act, 2010 are unexceptionally mandatory. The said provision clearly conveys the legislative intent of excluding the application of the provisions of the Limitation Act, 1963. Further, it was stated that the Tribunal has no jurisdiction to condone the delay beyond the total period of 90 days provided under Section 16 of the National Green Tribunal Act, 2010. In fact, it is specifically laid down that this Tribunal cannot permit even the institution of an appeal if there is such a delay. The above principle has been followed by us in a few of the cases which were brought Page 5 of 6 before us viz., Ramesh. M Vs. Karnataka SEIAA & Anr. [I.A. Nil of 2023 (SZ) in Appeal No.05 of 2023 (SZ)] vide Judgment dated 30.05.2023.
5. Accordingly, we dismiss the interlocutory application [I.A. No.99 of 2023 (SZ)] for condonation of delay. Consequentially, the appeal is also rejected.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM I.A.No.99/2023(SZ) in Appeal No.14/2023(SZ) 22ndSeptember, 2023. AD.
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