Daijiworld Media Network – New Delhi
New Delhi, Dec 27: The National Green Tribunal (NGT), Principal Bench, New Delhi, has dismissed an appeal challenging the cancellation of environmental clearance granted for sand mining in the Dhasan river in Uttar Pradesh’s Jhansi district, citing delay beyond the statutory time limit.
A bench headed by NGT chairperson Justice Prakash Shrivastava, along with expert member A Senthil Vel, on December 24 held that the appeal was barred by limitation under Section 16 of the National Green Tribunal Act, 2010. The tribunal observed that it has no jurisdiction to condone delays beyond the outer limit of 90 days prescribed under the law.
The tribunal noted that the environmental clearance granted to appellant Vipin Kumar Saxena on November 18, 2022, was revoked by the State Level Environment Impact Assessment Authority (SEIAA) on December 22, 2024. The clearance was cancelled following findings of gross non-compliance with environmental conditions, as revealed in a joint committee report submitted in earlier proceedings.
Saxena’s subsequent application seeking restoration of the environmental clearance was rejected by the SEIAA on May 15, 2025.
Rejecting the appellant’s contention that the cancellation order was never served on him, the NGT referred to its earlier orders which had conclusively established that the cancellation and related communications were duly served through registered post, email and by uploading on the public portal.
The tribunal observed that the appellant had made a false claim regarding non-receipt of the orders. It further pointed out that the appeal against the cancellation was filed 178 days after the revocation of the environmental clearance, far exceeding the maximum condonable period of 90 days.
Even with regard to the rejection order dated May 15, 2025, the tribunal noted that the appeal was filed beyond the permissible 30-day period and without any application seeking condonation of delay, despite sufficient opportunity having been granted.
Accordingly, the tribunal dismissed the appeal as not maintainable.