The Supreme Court held that for calculating limitation under Section 16(h) of the NGT Act, 2010, the period commences from the earliest date of communication of the environmental clearance by any duty bearer. The obligation to communicate rests on multiple authorities, and limitation is triggered upon the first clear and complete public communication.
Facts Of The Case:
The appellant, Talli Gram Panchayat, sought to challenge an Environmental Clearance (EC) granted on January 5, 2017, for a limestone mining project in Gujarat. The Panchayat filed an appeal before the National Green Tribunal (NGT) under Section 16(h) of the NGT Act, 2010, but the appeal was delayed. It contended that it first learned of the EC through a Right to Information reply received on February 14, 2017, and thus limitation should run from that date. The NGT dismissed the appeal as time-barred, finding the EC was uploaded to the Ministry’s website on January 5, 2017. The Supreme Court, on appeal, examined the statutory obligation of multiple authorities—the Ministry, the project proponent, and the Pollution Control Board—to communicate the EC order. It affirmed the NGT’s decision, ruling that the 30-day limitation period (extendable by 60 days) commenced from the earliest act of communication, which was the online publication on January 5, 2017. Consequently, the appeal filed on April 19, 2017, was beyond the maximum condonable period of 90 days and was rightly dismissed as barred by limitation.
Procedural History:
The procedural history commenced with the appellant, Talli Gram Panchayat, filing a delayed appeal before the National Green Tribunal (NGT) challenging the Environmental Clearance. The NGT initially dismissed the appeal for default on January 29, 2018, and a subsequent restoration application was dismissed on July 16, 2021. Challenging these orders, the appellant filed a civil appeal before the Supreme Court, which, on July 11, 2022, remanded the matter back to the NGT for a fresh consideration on merits, including the issue of limitation. Upon remand, the NGT heard the appeal and the application for condonation of delay, ultimately dismissing the application and the appeal as time-barred on January 3, 2023. This dismissal led to the present Civil Appeal No. 731 of 2023 before the Supreme Court, which affirmed the NGT’s final order.
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Court Observation:
The Supreme Court observed that the obligation to communicate an Environmental Clearance (EC) order under Section 16(h) of the NGT Act, 2010, is a public duty vested concurrently in multiple authorities—the MoEF&CC, the project proponent, and the Pollution Control Board. It interpreted the term “communication” liberally, emphasizing its in rem nature to serve environmental public interest. Consequently, the period of limitation for filing an appeal begins from the earliest date on which a clear and complete communication is effected by any of these duty bearers. The Court rejected the argument that limitation commences only upon personal knowledge or the last communication, applying the principle of “first accrual” to prevent frustration of the statutory limitation period and ensure legal certainty.
Final Decision & Judgement:
The Supreme Court dismissed the civil appeal and affirmed the judgment of the National Green Tribunal. It held that the appeal was barred by limitation, as the 30-day period (extendable by a maximum of 60 days) for filing under Section 16(h) of the NGT Act commenced from January 5, 2017—the date the Environmental Clearance was first uploaded to the MoEF&CC’s website. The Court ruled that this act constituted valid public communication by a duty bearer, thereby triggering the limitation period. Since the appeal was filed on April 19, 2017, it exceeded the maximum condonable period of 90 days. The Court ordered parties to bear their own costs.
Case Details:
Case Title: Talli Gram Panchayat vs. Union of India & Ors. Citation: 2025 INSC 1331 Appeal No: Civil Appeal No. 731 of 2023 Date of Judgement: November 19, 2025 Judges/Justices Name: Justice PAMIDIGHANTAM SRI NARASIMHA and Justice Atul S. Chandurkar