National Green Tribunal: No Application For Review Shall Be Entertained Unless It Is Filed Within Thirty Days

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The National Green Tribunal will not entertain any review application unless it is filed within thirty days from the date of receipt of a copy of the order sought to be reviewed.

In the present case, an application for review has been filed by the petitioners against an order dated 25.02.2019 passed in O.A. No. 515/2018 and O.A. No. 516/2018. On perusal of the record, it was found that the application has been filed on 14.03.2019. Admittedly, the Application was filed with a delay of 199 days and was accompanied by I.A. No. 50/2020 seeking condonation of the delay.

Rule 22 (1) of the National Green Tribunal (Practices and Procedure) Rules, 2011 prescribes the period within which an application for review ought to be filed. The Applicants primarily prayed for setting aside the aforesaid orders ostensibly to grant them an opportunity of presenting their case before the Tribunal. As would be evident from the dates of the orders which were sought to be reviewed, the application was delayed inordinately being far beyond the period of 199 days from the dates of the order as provided Rule 22 (1) of the National Green Tribunal (Practices and Procedure) Rules, 2011.

Rule 22 (1) of the National Green Tribunal (Practices and Procedure) Rules, 2011

“22. Application for review.- (1) No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed.”

National Green Tribunal’s Decision

National Green TribunalThe court while disposing of the case stated that a bare reading of the provision would show that applications for review have to be peremptorily filed within 30 days from the date of receipt of the copy of the order sought to be reviewed.  No discretion has been vested upon the Tribunal to extend such period.

Admittedly, the Application has been filed with a delay of 199 days seeking condonation of the delay.  Since the delay cannot be condoned under Rule 22 (1) of the National Green Tribunal (Practices and Procedure) Rules, 2011, the I.A. stands rejected. Therefore, this review application has been taken up for disposal in terms of Rule 22(3) of the National Green Tribunal (Practices and Procedure) Rules, 2011 for disposal by circulation.


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