Judgment of the National Green Tribunal on K. Karthi Vs Tamil Nadu PCB & Ors. dated 28/08/2012 (Appeal No. 42/2012)
Judgment of the National Green Tribunal on K. Karthi Vs Tamil Nadu PCB & Ors. dated 28/08/2012 (Appeal No. 42/2012). Briefly stated, the case of the appellant is that his agricultural land is situated in the proximity of the site of the proposed project pertaining to establishment of Steel Rolling factory in Perunkurukhi, Village, Paramthi TK, Namakkal District. The project was objected to by the villagers. At public hearing, such objections were raised. The EC was granted by order dated 19.2.2011 by the Respondent No. 2. The order was not known to him. He gathered information about the said order when he came across the work of the leveling the ground at the site of the proposed project. He thereafter obtained copy of the EC order. The order was challenged by filing a writ petition in the High Court of Madras. The writ petition No. 13443 of 2011 came to be dismissed with observation that the applicant may approach the Green Tribunal for redressal of his grievances. According to the applicant, the time spent in the High Court of Madras could be condoned under Section 14 of the Limitation Act 1963. It is stated that the applicant bonafidely filed such writ petition as he laboured under the impression that the said petition was maintainable. It is further stated that he immediately filed the present appeal after the order of the High Court which was rendered on 2nd July 2012 and therefore there are sufficient reasons to condone the delay.