NGT Rejects Time-Barred Appeal on Dhasan River Sand Mining

NGT Dismisses Challenge to Sand Mining Clearance Cancellation

The Principal Bench of the National Green Tribunal (NGT) in New Delhi has dismissed an appeal challenging the cancellation of environmental clearance for sand mining in the Dhasan river in Jhansi district of Uttar Pradesh. The tribunal ruled that the appeal was barred by limitation and arose from serious violations of environmental clearance conditions, reinforcing the mandatory timelines prescribed under environmental law.

Tribunal’s Findings on Limitation Period

A bench led by Justice Prakash Shrivastava , along with expert member A Senthil Vel , held that the appeal could not be entertained under Section 16 of the National Green Tribunal Act, 2010 . The tribunal clarified that it has no authority to condone delays beyond the outer statutory limit of 90 days , irrespective of the merits of the case. Once this period lapses, the tribunal’s jurisdiction itself stands extinguished.

Background of Clearance Revocation

The environmental clearance for sand mining in the Dhasan river was originally granted on November 18, 2022 . However, following a joint committee inspection that found gross non-compliance with stipulated conditions, the State Level Environment Impact Assessment Authority (SEIAA) cancelled the clearance on December 22, 2024 . The violations were previously recorded during related proceedings before the tribunal.

Restoration Plea Also Rejected

The appellant’s request for restoration of the cancelled clearance was rejected on May 15, 2025 . Before the NGT, the appellant claimed that the cancellation order had not been served. The tribunal rejected this argument, noting that official records showed service through registered post, email, and upload on the public portal .

Delay and Misrepresentation

The bench observed that the appeal was filed 178 days after cancellation , far exceeding the permissible period. Even the challenge to the restoration rejection was filed beyond limitation, without any request for condonation. The tribunal also noted misrepresentation by the appellant regarding non-receipt of notices.

Important Facts for Exams

• NGT Act, 2010 governs environmental adjudication

• Section 16 fixes strict limitation for appeals

• SEIAA regulates environmental clearances at state level

• Environmental non-compliance can lead to mining bans