The National Green Tribunal (NGT) today reserved its verdict on whether activist Medha Patkar's plea against clearance granted to Adani Pench Power Ltd's thermal power project in Chhindwara District of Madhya Pradesh was filed too late for consideration.
"Heard. Judgement reserved," a bench headed by NGT Chairperson Justice Swatanter Kumar said after hearing the arguments by the activist, company and Ministry of Environment and Forests (MoEF) on whether Patkar's application was filed after the stipulated 90-days of grant of environment clearance (EC) to Adani Pench.
The MoEF had granted clearance to the 2x660 MW project on October 16, 2012 and an appeal against it could be made within 90-days, which expired on January 14. Patkar had moved the NGT on January 30 and hence, her plea was barred by limitation, the ministry's counsel, Neelam Rathore argued before the tribunal.
Counsel for Adani also expressed a similar view and said that once the grant of EC was in public domain there is "deemed knowledge" of the fact and the limitation period starts to run.
He said that once the decision one environment clearance was uploaded on MoEF's site on October 17, 2012, the clearance was in public domain and hence the limitation period of 90-days which began that day ended on January 14, 2013.
The lawyer appearing for Patkar countered the contention of Adani and MoEF saying the information regarding grant of EC to a project has to be communicated to the general public by the Centre, state and the project proponent (here Adani) and then only the period of limitation will begin.
Patkar's lawyer also argued that Adani had uploaded information regarding the grant of clearance on its website only in March this year and hence their plea against the project is not too late.
The activist has challenged the environment clearance granted to the project on several grounds including the diversion of water to the plant, saying it will adversely affect the people of the surrounding villages.
"Heard. Judgement reserved," a bench headed by NGT Chairperson Justice Swatanter Kumar said after hearing the arguments by the activist, company and Ministry of Environment and Forests (MoEF) on whether Patkar's application was filed after the stipulated 90-days of grant of environment clearance (EC) to Adani Pench.
The MoEF had granted clearance to the 2x660 MW project on October 16, 2012 and an appeal against it could be made within 90-days, which expired on January 14. Patkar had moved the NGT on January 30 and hence, her plea was barred by limitation, the ministry's counsel, Neelam Rathore argued before the tribunal.
Counsel for Adani also expressed a similar view and said that once the grant of EC was in public domain there is "deemed knowledge" of the fact and the limitation period starts to run.
He said that once the decision one environment clearance was uploaded on MoEF's site on October 17, 2012, the clearance was in public domain and hence the limitation period of 90-days which began that day ended on January 14, 2013.
The lawyer appearing for Patkar countered the contention of Adani and MoEF saying the information regarding grant of EC to a project has to be communicated to the general public by the Centre, state and the project proponent (here Adani) and then only the period of limitation will begin.
Patkar's lawyer also argued that Adani had uploaded information regarding the grant of clearance on its website only in March this year and hence their plea against the project is not too late.
The activist has challenged the environment clearance granted to the project on several grounds including the diversion of water to the plant, saying it will adversely affect the people of the surrounding villages.
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