Supreme Court rules 30-day appeal period for environmental clearance challenges begins from earliest communication by any authority - website upload, newspaper ad, or official submission - not when aggrieved party actually learns about it.
Does the 30-day limitation period for challenging environmental clearance begin when the aggrieved person actually learns about it, or from the earliest date any authority communicates the clearance to the public?
The limitation period begins from the earliest date any duty bearer communicates the environmental clearance, not when the aggrieved party actually becomes aware of it.
The Supreme Court has ruled that when multiple authorities have the obligation to communicate environmental clearance under the EIA Notification 2006, the 30-day limitation period under Section 16(h) of the NGT Act begins from the earliest date any of these authorities fulfills their communication obligation.
EC Granted & Uploaded - Environmental clearance granted and uploaded on MoEF&CC website on same day
Submitted to Panchayats - Project proponent submitted EC copy to concerned Panchayats
Newspaper Advertisement - Project proponent advertised EC grant in two local newspapers
RTI Response - Appellant claimed they learned about EC through RTI reply
Appeal Filed - Appellant filed appeal before NGT (beyond 90-day maximum period)
Supreme Court Decision - Appeal dismissed as time-barred, limitation ran from Jan 5, 2017
| Legal Principle | What It Means | Application in This Case |
|---|---|---|
| First Accrual Principle | Limitation period begins when right to sue first accrues | Limitation ran from Jan 5, 2017 (website upload), not Feb 14, 2017 (RTI reply) |
| Section 16(h) NGT Act | 30-day appeal period from date of communication | Appeal filed on Apr 19, 2017 was beyond 90-day maximum period |
| EIA Notification 2006 | Multiple authorities must communicate EC to public | MoEF&CC, project proponent, PCBs all have communication duties |
| Public Purpose Communication | Communication intended in rem, not in personam | EC communication serves public purpose, not individual notice |
Mandatory approval required for certain projects from MoEF&CC or State authorities under Environment Protection Act before commencement.
Provision allowing any person aggrieved by environmental clearance to appeal to National Green Tribunal within 30 days of communication.
Legal principle that limitation period begins from earliest date when cause of action arises, not subsequent events.
Authorities legally obligated to communicate EC - MoEF&CC, project proponent, and Pollution Control Boards.
Subordinate legislation under Environment Protection Act specifying environmental clearance procedure and communication requirements.
"When the duty to communicate is the obligation of more than one authority or individual, it is natural or inevitable that the dates by which they comply with their respective obligations do not synchronise. When obligation to communicate the decision vests in multiple authorities, it is appropriate to infer that the communication is complete when the 'person aggrieved' receives information from the earliest of the communication."
This judgment establishes that environmental governance requires proactive public participation. Citizens cannot wait indefinitely to challenge environmental clearances but must actively monitor official communication channels. The strict limitation period serves the important public purpose of providing certainty to project proponents who invest substantial resources based on valid clearances.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
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This analysis decodes a complex environmental limitation judgment to help citizens understand their rights and responsibilities in challenging environmental clearances within statutory timelines.