R. Banumathi, J. - (1.) By an order dated 24th August, 2018, the Goa Coastal Zone Management Authority (GCZMA) passed an order of demolition of structures under Section 5 of the Environment (Protection) Act, 1986 which was challenged by the petitioner in W.P. No.915/2018 before the High Court which was dismissed by the High Court on 29th November, 2018 on the ground of alternative remedy and by observing that the petitioner is to approach the National Green Tribunal challenging the orders passed against him. The petitioner has also filed Misc. Civil Application No.28 of 2019 in W.P. NO.915 of 2018 for extending the time for preferring the appeal before National Green Tribunal by six weeks. M.C.A. NO.28 of 2019 was disposed of on 28th January, 2019 holding that such liberty or extension of time cannot be granted. However, the High Court extended the interim relief for a limited period of three weeks. Being aggrieved, the petitioner has preferred these special leave petitions.
(2.) Section 16 of the National Green Tribunal Act 2010 deals with the appellate jurisdiction of the Tribunal. In terms of Section 16(j) of the said Act any person aggrieved by an order may "within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal". As per proviso to Section 16(j) of the Act, the Tribunal on being satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days.
(3.) Mr. Huzefa Ahmadi, learned senior counsel appearing for the petitioner, has submitted that the time stipulated under Section 16(j) of the said Act is ninety days (30 days + 60 days). It was submitted that since the High Court had entertained the writ petitions and subsequently disposed of the same with direction to approach the Tribunal, the petitioner cannot be rendered remediless on the point of limitation. It was submitted that the High Court ought to have extended time to approach the National Green Tribunal challenging the orders of the authorities in this regard. In support of his contention Mr. Huzefa Ahmadi has drawn our attention to an order passed by this Court on 15th January, 2018 in Civil Appeal NO.389 of 2018, Aman Sethi v. State of Rajasthan and Ors.;