NATIONAL GREEN TRIBUNAL, NEW DELHI: PROVISIONS OF SECTION 16 OF NGT ACT REGARDING LIMITATION TO BE MANDATORILY FOLLOWED That the provisions of Section 16 of the NGT Act clearly conveys the legislative intent of excluding the application of the provisions of the Limitation Act, 1963. The provision of Section 16 of the NGT Act is specific, unambiguous and clearly conveys the legislative intent of making the provisions mandatory. The provision of Section 16 of the NGT Act, undisputedly has inbuilt element of consequences. The party loses its right to even institute an appeal after the prescribed period of limitation and a duty is cast upon the Tribunal not to permit such institution. That NGT Act is a self-contained code in itself. It provides the forum/procedure that has to be adopted, the limitation period within which the jurisdiction of the tribunal gets invoked, and the power and functions of the tribunal in explicit terms. As a self-contained code, it does not admit of any ambiguity with regard to application of other laws in the adjudicatory process of the tribunal. The legislature in its wisdom has worded provisions of Section 16 of the NGT Act so as to prohibit even filing of an appeal beyond a total period of 90 days. The language of these provisions clearly demonstrates the legislative intendment on excluding application of general law of limitation to this special statute. The cumulative reading of Section 16, particularly, the proviso and Section 29 of the Limitation Act leaves no doubt in mind that legislature had clearly intended to exclude the application of the general law of limitation provided under the Limitation Act from the NGT Act. Sunil Kumar Samanta Vs West Bengal Pollution Control Board M.A. No. 573 of 2013 in Appeal No. 67 of 2013: Decided on 24.07.2014
Posted on: Sun, 11 Jan 2015 07:30:49 +0000
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