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Judgment
I.A No. 304/2022- This application has been filed seeking condonation of delay in filing Appeal No. 42/2022 whereby, order dated 05.05.2022 has been challenged. The impugned order has been passed by R-2 imposing and demanding environmental compensation of Rs. 3,62,500/- from the appellant. Grounds taken in the Appeal are that the appellant is suffering from various serious ailments due to his age factor as he is more than 70+ years of age and it took some time for the appellant to get better and approach the Tribunal. Further, that the appellant was not aware of the limitation period in filing appeal before this Tribunal and after getting better from his health problems, he approached R-1&2 and filed some representations i.e. on 20.10.2021 and 15.10.2022 and thereafter has filed this Appeal.
It is further said in para 6 of the memo of appeal that the appeal is within limitation and reference has been given to the representation dated 15.10.2022 filed by the appellant.
Learned counsel for the appellant could not dispute that the above representation was not provided by any Statute. Non statutory representation will not result in extension of limitation. Further, Section 16 of NGT Act, 2010 provides limitation for filing appeal. Proviso to Section 16 provides maximum period which can be condoned if the appeal is filed beyond period of limitation prescribed under the Act. Both the period i.e., period of appeal and maximum of period of delay which could be condoned by this Tribunal has expired. In the present case, the impugned order is dated 05.05.2022 and more than 150 days have lapsed in filing this Appeal. Therefore, Tribunal does not have jurisdiction to condone this long period of delay which is beyond the period of limitation and condonable period under the Act.
In view thereof, the Application is rejected.
Appeal No. 42/2022- This Appeal has been filed after expiry of period of limitation and IA No. 304/2022 seeking condonation of delay has been rejected by order obtained, hence, Appeal is dismissed as barred by limitation.