Section 11
Appeals to Authority. Repealed
The National Environment Appellate Authority Act, 1997
About this Act
An Act to provide for the establishment of a National Environment Appellate Authority to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 and for matters connected therewith or incidental thereto.
(1) Any person aggrieved by an order granting environmental clearance
in the areas in which any industries, operations or processes or class of industries, operations and
processes shall not be carried out or shall be carried out subject to certain safeguards may, within thirty
days from the date of such order, prefer an appeal to the Authority in such form as may be prescribed:
Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) For the purposes of sub-section (1), "person" means--
(a) any person who is likely to be affected by the grant of environmental clearance;
(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;
(c) any association of persons (whether incorporated or not)likely to be affected by such order and functioning in the field of environment;
(d) the Central Government, where the environmental clearance is granted by the State Government and the State Government, where the environmental clearance is granted by the Central Government; or
(e) any local authority, any part of whose local limits is within the neighbourhood of the area wherein the project is proposed to be located.
(3) On receipt of an appeal preferred under sub-section (1), the Authority shall, after giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.
(4) The Authority shall dispose of the appeal within ninety days from the date of filing the appeal:
Provided that the Authority may for reasons to be recorded in writing, dispose of the appeal within a further period of thirty days.
Provided that the Authority may entertain any appeal after the expiry of the said period of thirty days but not after ninety days from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) For the purposes of sub-section (1), "person" means--
(a) any person who is likely to be affected by the grant of environmental clearance;
(b) any person who owns or has control over the project with respect to which an application has been submitted for environmental clearance;
(c) any association of persons (whether incorporated or not)likely to be affected by such order and functioning in the field of environment;
(d) the Central Government, where the environmental clearance is granted by the State Government and the State Government, where the environmental clearance is granted by the Central Government; or
(e) any local authority, any part of whose local limits is within the neighbourhood of the area wherein the project is proposed to be located.
(3) On receipt of an appeal preferred under sub-section (1), the Authority shall, after giving the appellant an opportunity of being heard, pass such orders, as it thinks fit.
(4) The Authority shall dispose of the appeal within ninety days from the date of filing the appeal:
Provided that the Authority may for reasons to be recorded in writing, dispose of the appeal within a further period of thirty days.