Tribunals and CommissionsFull Bench(2023) 05 NGT CK 0014

Punjab Small Industries & Corporation Ltd vs Punjab Pollution Control Board

National Green Tribunal · Decided on 12 May 2023

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Appeal No. 06 Of 2023 (I.A. No. 428, 429 Of 2023)

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Judgment

4 paragraphs · 224 words
1.

This Appeal has been preferred under Section 16 of the NGT Act against order dated 27.02.2020 passed by the Appellate authority under the Water (Prevention and Control of Pollution) Act, 1974. The said order dealt with an Appeal against order of the State PCB dated 06.11.2019 whereby the State PCB found the Water Treatment Systems in industrial area at Focal Point, Dera Bassi to be non-functional. This resulted in damage to the water quality of Ghaggar river. Compensation of Rs. 5 lakh was levied to be utilized for rejuvenation of water quality. Directions were also issued for remedial measures.

2.

The appeal has been filed on 21.04.2023 i.e. after more than three years after the date of the impugned order with an Application for condonation of 229 days delay. Such delay has been calculated after excluding the period of limitation in terms of orders of Hon’ble Supreme Court, having regard to the COVID situation.

3.

We have heard learned counsel for the appellant. Under the NGT Act, limitation for filing Appeal is 30 days which can be extended for further period not exceeding 60 days. Thus, this Tribunal has no jurisdiction to condone delay to the extent sought in the application.

Accordingly, Application for condonation of delay is dismissed. Consequently, the Appeal is also dismissed. I.A. no. 429/2023 will also stand disposed of.