- (1.) While issuing notice on 02.1.2019, this Court passed the following order : "Delay condoned. It is submitted by the learned counsel for the appellant that the National Green Tribunal ("the Tribunal" for short) has proceeded on the ground that the Environmental Clearance which was given on 19.07.2016, the same was also put in the public domain i.e. the website and this fact is not disputed. It is further submitted that, in fact, there was a dispute. In support of this, learned counsel for the appellant has drawn our attention to the order dated 09.01.2018 wherein the Tribunal has clearly recorded that the appellant had denied that the Environmental Clearance was uploaded on the website of the Department of Environment, Science & Technology, Himachal Pradesh, as contended. In fact, the Tribunal, in that order, has given directions to the respondents to produce the documents in support of their plea that the Order of the Environmental Clearance was put on the website on the same date. Therefore, according to the appellant, the Tribunal, in the impugned Order, has not correctly recorded that the Environmental Clearance was put in the public domain on the same day which fact is not disputed. It is further stated that even the review application was filed bringing the aforesaid fact to the notice of the Tribunal but the said review application has been dismissed without touching upon the aforesaid aspect. Issue notice, returnable in four weeks."
(2.) Having heard learned counsel appearing for the parties and upon perusal of the record, we are of the opinion that this Court should condone the delay in filing Appeal No.57 of 2016 before the National Green Tribunal, Principal Bench, New Delhi, even when the National Green Tribunal did not have the requisite view.
(3.) Ordered accordingly.;