New Delhi: National Buildings Construction Corporation Ltd (NBCC) today told the National Green Tribunal that a plea challenging the Environmental Clearance (EC) to commercialisation and redevelopment of East Kidwai Nagar area here was time barred.
The tribunal was hearing a petition filed by Rajiv Suri challenging the construction and redevelopment project at East Kidwai Nagar being undertaken by the Ministry of Urban Development, whereby residential and commercial space would be developed for government employees.
The counsel appearing for NBCC said that it had informed the public about grant of EC by publishing in three daily newspapers as well uploaded the EC on the website of the Delhi Pollution Control Committee.
He, further, said that EC was granted on August 13, 2012 and the present petition “miserably falls to tide over its prescribed period of limitation” and as such there was a delay of two years.
During the hearing, Suri said that the National Green Tribunal Act, 2010 was enunciated under the ‘Doctrine of public trust' and as such the merits should govern the maintainability of the present application and not period of limitation.
A bench headed by Justice U D Salvi directed the petitioner to cite case law in support of his submissions and apprise the respondents of such case law in advance. “We grant liberty to the applicant to make suitable amendments in the application so as to incorporate therein the pleadings regarding the limitation particularly as regards the cause of action for the application.
“The applicant shall carry-out such amendment within a week and furnish copies of the amended application to the respondents,” the bench said.
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