NGT Issues Notice on Delay in Appeal Challenging CAQM Closure Order, Allows Withdrawal of DPCC Notice Challenge
Pranav B Prem
The National Green Tribunal, by an order dated December 9, 2025, considered an appeal challenging a closure direction issued by the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM) in respect of a construction project. A Division Bench comprising Justice Prakash Shrivastava, Chairperson, and Dr. A. Senthil Vel, Expert Member, dealt with the preliminary issues arising in the appeal, including the scope of challenge and the question of limitation.
The appeal was filed under Section 18 of the CAQM Act, 2021, assailing a closure order dated 19.03.2025 issued by CAQM under Section 12(2)(xi) of the statute. By the impugned order, CAQM had directed closure of the appellant’s construction activity on the ground of alleged non-compliance with air pollution control norms applicable in the National Capital Region. Alongside the closure direction, a show cause notice dated 11.04.2025 had also been issued by the Delhi Pollution Control Committee (DPCC) proposing the levy of environmental compensation.
At the outset of the hearing, counsel appearing for the appellant informed the Tribunal that the appellant was confining its challenge only to the closure direction passed by CAQM and did not wish to press the challenge to the DPCC show cause notice. To that end, an interlocutory application was moved seeking permission to withdraw the prayer relating to the show cause notice. Accepting the submission, the Tribunal allowed the withdrawal application and permitted the appellant to give up the challenge to the DPCC notice. The Bench accordingly directed the appellant to carry out the necessary amendment in the memo of appeal within three days, thereby restricting the scope of adjudication to the legality of the closure order alone.
The Tribunal thereafter considered the issue of limitation. It was noted that the appeal had been filed after a delay of 153 days from the date of the impugned closure order. An application seeking condonation of delay had been filed by the appellant, contending that the CAQM Act, 2021 does not prescribe any specific limitation period for filing an appeal before the Tribunal. Reliance was placed on the decision of the Supreme Court in North Eastern Chemicals Industries Private Limited v. Ashok Paper Mill (Assam) Limited, (2023) 19 SCC 798, to argue that where a statute is silent on limitation, appeals filed within a reasonable period ought not to be rejected on technical grounds and should instead be considered on merits.
Taking note of the submissions, the Tribunal issued notice on the delay condonation application to all respondents and directed them to file their replies by way of affidavit at least one week prior to the next date of hearing. Counsel appearing for CAQM accepted notice on its behalf and sought two weeks’ time to file a response to the application, which was allowed by the Bench.
The Bench also recorded that two other appeals, being Appeal No. 68 of 2025 and Appeal No. 69 of 2025, filed by the same appellant in respect of similar closure actions concerning different projects, were pending consideration before the Tribunal. Observing that common questions of law and fact were likely to arise in all the matters, the Tribunal directed that the present appeal be listed along with the connected appeals for hearing on 16 January 2026.
The order is significant as it brings into focus recurring issues under the CAQM Act, particularly the permissibility of narrowing challenges to closure directions while abandoning parallel proceedings relating to environmental compensation, as well as the unresolved question of limitation for appeals under the statute. The appeal will now be taken up for further consideration along with the connected matters in January 2026.
Cause Title: M/s Girdhari Lal Constructions Pvt. Ltd. v. Commission for Air Quality Management in NCR and Adjoining Areas & Ors.
Case No: Appeal No. 60/2025 (IA No 606/2025, IA No 607/2025, IA No 622/2025, IA No 767/2025)
Coram: Justice Prakash Shrivastava, Chairperson, Dr. A. Senthil Vel, Expert Member
