Supreme Court Issues Notice In Plea Challenging The Vires Of Provisions Of Limitation Under NGT Act

The matter was listed before the bench of Justices DY Chandrachud and Surya Kant.

Senior Advocate Sanjay Parekh appeared for the petitioner and the petition was filed through Advocate Abhimanue Shrestha.

Seeking to either strike down or read down the impugned provisions, the petitioner had averred that the limitation clauses also allow the arbitrariness and unjustness in relation to the environmental issues and, therefore, violate Article 14 of the Constitution.

It was argued in the petition that the limitation clauses in Section 14, 15, and 16 of the Act cause unconstitutional hindrance in realization of Article 21 of the Constitution in relation to the nature and environment to its full extent.

"The introduction of limitations in certain legislations has a public purpose. A person cannot be put on alert for all times. There has to be some certainty regarding one's rights. Even in these legislations, a provision similar to Section 5 of the Limitation Act, which provides for extension of the prescribed period for preferring any appeal or application, is provided. In certain other statutes, discretion has been given to the Court/Tribunal to decide the question of limitation even after the initial period within which the Complaint/Petition should have been instituted, had expired, like, in the Consumer Protection Act. But as far as the infringement of the fundamental rights are concerned, no such impediment of limitation can be prescribed," the plea stated.

The petitioner further stated that the gap in the remedies available under Article 32 and 226 of the Constitution, as against what is available in the NGT Act creates a situation that becomes unexplainable in the context of environmental matters.

Case Title: Vithalbhai Ravjibhai Vansiya & Ors V. Union Of India & Anr.

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