In a significant ruling impacting environmental litigation timelines across the country, the Supreme Court has affirmed that the limitation period for filing appeals against Environmental Clearances (ECs) begins from the earliest date on which the clearance is publicly communicated by any legally responsible authority. The decision, delivered on 19 November 2025, dismissed the appeal filed by the Talli Gram Panchayat against the judgment of the National Green Tribunal (NGT), which had earlier refused to condone the delay in filing their environmental challenge.
Background of the Dispute
The case arose from the grant of an Environmental Clearance on 5 January 2017 by the Ministry of Environment, Forest & Climate Change (MoEF&CC) for a limestone mining project covering more than 193 hectares in the villages of Talli and Bambor, Gujarat. The Talli Gram Panchayat sought to challenge the clearance before the NGT but filed the appeal only on 19 April 2017—well after the statutory limitation period.
Although the Panchayat claimed they only became aware of the EC on 14 February 2017, after securing information through an RTI application, NGT rejected this justification. The Tribunal held that the EC had been uploaded on the MoEF&CC’s public portal on the same day it was issued—5 January 2017—and was thus deemed effectively communicated.
Core Legal Issue: When Does Limitation Begin?
The legal controversy centered on Section 16(h) of the National Green Tribunal Act, 2010, which mandates that appeals against the grant of EC must be filed within 30 days from the date the order is “communicated” to an aggrieved person. A further condonable period of 60 days is available only if sufficient cause is demonstrated. Beyond this 90-day window, no appeal can be entertained.
The Supreme Court examined the meaning of “communication” in the context of environmental law, where decisions are intended to be in rem, not merely directed to individuals. The Court highlighted that multiple entities—MoEF&CC, State Pollution Control Boards, project proponents, and local authorities—carry simultaneous obligations to disclose an EC to the public.
Supreme Court’s Key Findings
1. Earliest Communication Triggers Limitation
The Court ruled that when multiple authorities are legally bound to communicate an EC, the earliest among those communications must be taken as the trigger point for limitation. This prevents litigants from selectively relying on later disclosures to extend the permissible time for appeal.
2. EC Upload on Government Portal Constitutes Complete Communication
Since the MoEF&CC uploaded the EC on its official website on 5 January 2017, the Supreme Court held that the limitation for appeal started on that very date, regardless of when the Panchayat personally accessed the order.
3. Appeal Filed After 90 Days Is Barred
Given that the Panchayat filed their appeal on 19 April 2017—well after the maximum allowed 90-day period—the Supreme Court upheld the NGT’s dismissal of the appeal as time-barred.
4. Full Publication of EC Not Mandatory
Rejecting the Panchayat’s argument that the project proponent failed to publish the entire EC in newspapers, the Court clarified that only the fact of the grant and essential conditions need to be published, not the entire document. Publishing the full EC is not a statutory requirement.
5. Consistency With NGT’s Previous Rulings
The judgment aligns with earlier decisions such as Save Mon Region Federation and Medha Patkar, reaffirming that once any authorized stakeholder completes their communication duties, limitation begins immediately.
Impact of the Judgment
This authoritative ruling strengthens clarity in environmental litigation by ensuring that public communication through official portals is sufficient to start the limitation clock. The judgment also provides certainty to project proponents, preventing challenges from arising long after investments and operations have commenced.
Environmental activists, local bodies, and public stakeholders must now remain vigilant and monitor official EC portals, as the clock begins ticking the moment such clearances are uploaded, regardless of personal knowledge.
Case: Talli Gram Panchayat v. Union of India & Ors.
Decision Date: 19 November 2025
Court: Supreme Court of India