Case Note & Summary
The appeal arose from a judgment of the National Green Tribunal (NGT) dated 2 August 2013, which dismissed an appeal on grounds of limitation and lack of jurisdiction. The dispute involved a cement grinding unit project by Bhilai Jaypee Cement Limited, established through a Memorandum of Association between Steel Authority of India and Jayprakash Associates in April 2007. The project was located on land leased from SAIL, originally designated as 'green belt' in the 1991 Development Plan of Bhilai. An Environmental Clearance (EC) was granted to the project on 1 May 2008 by the Ministry of Environment and Forests. Subsequently, the State of Chhattisgarh issued a notification on 3 February 2011, modifying the land use from 'green belt' to 'industrial purpose' under Section 23-A of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973, citing urgent public purpose. The appellant, challenging this, filed a public interest petition under Article 226 of the Constitution before the High Court of Chhattisgarh on 8 September 2011, seeking to quash both the EC and the land use change notification, and to restore the land to its original condition. The High Court transferred the petition to the NGT on 28 January 2013, following the Supreme Court's decision in Bhopal Gas Peedith Mahila Udyog Sangathan v Union of India. The NGT dismissed the appeal, holding it was barred by limitation and that it lacked jurisdiction over the land use change notification as the relevant State Act was not listed in Schedule I of the NGT Act. The Supreme Court heard arguments from counsel for the appellant, the seventh respondent (SAIL), and the State of Chhattisgarh. The court analyzed the NGT Act, noting its original jurisdiction under Section 14 and appellate jurisdiction under Section 16, with specific limitation periods. For the EC, granted before the NGT Act came into force on 18 October 2010, the court found that no challenge was pursued under the earlier National Environment Appellate Authority Act, 1997, and the challenge raised in 2011 was beyond the limitation period, a point conceded by the appellant's counsel. Regarding the land use change notification, the appellant argued that any breach of EC conditions due to the change could be addressed under the Environment (Protection) Act, 1986, which is listed in Schedule I, thus invoking NGT's original jurisdiction under Section 14. The court noted that the writ petition was filed within six months of the notification's publication, potentially within the limitation period under Section 14(3) if sufficient cause was shown, but the NGT had dismissed it on jurisdictional grounds. The Supreme Court's analysis focused on these legal issues without rendering a final decision in the provided excerpt, leaving the matter for further consideration.
Headnote
A) Environmental Law - National Green Tribunal Act, 2010 - Limitation Period for Challenging Environmental Clearance - National Green Tribunal Act, 2010, Sections 14, 16 - Environmental Clearance was granted on 1 May 2008 and published on 8 May 2008, but the challenge was raised on 8 September 2011, well beyond three years - The appellant accepted that the challenge to the Environmental Clearance was barred by limitation, as no steps were taken under the National Environment Appellate Authority Act, 1997 before the NGT Act came into force - Held that the challenge to the Environmental Clearance was barred by limitation (Paras 14-15). B) Environmental Law - National Green Tribunal Act, 2010 - Jurisdiction Over Land Use Change Notifications - National Green Tribunal Act, 2010, Sections 14, 33 - The appellant challenged a State government notification dated 3 February 2011 altering land use from 'green belt' to 'industrial purpose' - The NGT held it lacked jurisdiction as the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 is not a notified statute under Schedule I - The appellant argued that breach of Environmental Clearance conditions due to land use change falls under the Environment (Protection) Act, 1986, which is listed in Schedule I, invoking NGT's original jurisdiction under Section 14 - The court noted that the writ petition was filed on 8 September 2011, within six months of the notification's publication on 18 February 2011, potentially within limitation under Section 14(3) if sufficient cause is shown - The issue of jurisdiction and limitation for the land use change challenge was considered but not finally decided in the excerpt (Paras 15-19).
Issue of Consideration
Whether the appeal before the National Green Tribunal was barred by limitation and whether the NGT had jurisdiction to entertain a challenge to the State government's notification altering land use from 'green belt' to 'industrial purpose'.
Final Decision
The Supreme Court analyzed the issues but did not render a final decision in the provided excerpt; the NGT had dismissed the appeal on limitation and jurisdictional grounds.
Law Points
- Limitation period for challenging environmental clearance under NGT Act
- Jurisdiction of NGT over land use change notifications
- Transfer of proceedings from High Court to NGT
- Interpretation of Sections 14 and 16 of NGT Act
- Overriding force of NGT Act under Section 33
