A review application asks the NGT to correct its own order, and it is possible only on narrow grounds: a mistake or error apparent on the face of the record, new and important evidence that you could not produce earlier despite due diligence, or some other sufficient reason of a similar kind. It is not a second chance to argue the case. The tribunal's rules require a review to be filed within 30 days of receiving a copy of the order, and the 90-day period for appealing to the Supreme Court keeps running, so you often have to decide quickly which route fits.
This guide explains when a review works, when it does not, how to file one, and how it fits with the other routes: recall, modification, a fresh application and an appeal to the Supreme Court. For the overall NGT process, see how to file a case in the NGT, and for the Supreme Court route, NGT costs and appeals.
हिंदी में सारांश
à¤à¤¨à¤œà¥€à¤Ÿà¥€ अपने आदेश की समीकà¥à¤·à¤¾ (रिवà¥à¤¯à¥‚) कर सकता है, लेकिन केवल सीमित आधारों पर: रिकॉरà¥à¤¡ पर साफ दिखने वाली गलती, à¤à¤¸à¤¾ नया और महतà¥à¤µà¤ªà¥‚रà¥à¤£ सबूत जो पूरी कोशिश के बावजूद पहले पेश नहीं किया जा सका, या इसी तरह का कोई अनà¥à¤¯ परà¥à¤¯à¤¾à¤ªà¥à¤¤ कारण। रिवà¥à¤¯à¥‚ केस को दोबारा बहस करने का मौका नहीं है। नियमों के अनà¥à¤¸à¤¾à¤° आदेश की कॉपी मिलने के 30 दिनों के à¤à¥€à¤¤à¤° रिवà¥à¤¯à¥‚ दायर करना होता है, और इस बीच सà¥à¤ªà¥à¤°à¥€à¤® कोरà¥à¤Ÿ में अपील की 90 दिन की अवधि चलती रहती है। अगर आपको लगता है कि टà¥à¤°à¤¿à¤¬à¥à¤¯à¥‚नल ने कानून या सबूत को गलत समà¤à¤¾, तो आमतौर पर सही रासà¥à¤¤à¤¾ सà¥à¤ªà¥à¤°à¥€à¤® कोरà¥à¤Ÿ में अपील है। à¤à¤•à¤¤à¤°à¤«à¤¾ आदेश हो तो रिकॉल, और आदेश असà¥à¤ªà¤·à¥à¤Ÿ हो तो संशोधन या सà¥à¤ªà¤·à¥à¤Ÿà¥€à¤•à¤°à¤£ की अरà¥à¤œà¤¼à¥€ बेहतर हो सकती है।
The essentials
Obvious mistakes only
The error must be visible on the record without a long chain of reasoning.
New evidence, with diligence
Fresh material counts only if you could not have produced it earlier despite real effort.
30 days
The rules require a review within 30 days of receiving a copy of the order.
Not an appeal
Disagreement on law or evidence belongs in the Supreme Court under section 22.
No automatic stay
Filing a review does not by itself suspend the order, so comply or seek interim relief.
Watch both clocks
The 90-day appeal period keeps running while a review is pending.
When is a review application against an NGT order possible?
When the order contains a mistake you can point to on the record itself, when important new evidence has emerged that you genuinely could not produce before the order despite trying, or for another sufficient reason of the same kind. Those are the grounds civil courts use for review, and the NGT's rules adopt the same pattern.
The test is practical. Can you show the bench, in a sentence or two and with a document already on the file, that something in the order is plainly wrong? A unit named that was never a party, a survey number that does not match the committee report, a compensation figure with an arithmetic error, a finding that a document was not filed when it is on the record at a stated page: these are review material. A view that the tribunal weighed the evidence wrongly, or applied the law wrongly, is not.
When a client asks Advocate B.K. Singh whether to seek review, his first question is whether the mistake can be pointed out in one sentence with one document. If explaining it needs a long argument, it is usually an appeal point, and the time is better spent preparing for the Supreme Court.
Where the power to review comes from
Section 19(4) gives the tribunal, for discharging its functions, the powers of a civil court on certain matters, and one of them is reviewing its own decisions. The same sub-section covers deciding matters ex parte and setting aside ex parte orders and dismissals for default, which is the basis for recall and restoration applications.
The rules deal with review applications. They follow the familiar civil-court grounds (new and important matter or evidence not available despite due diligence, a mistake or error apparent on the face of the record, or any other sufficient reason) and require the application to be filed within 30 days from the date of receiving a copy of the order. Check the current text of the rules before filing.
An appeal lies to the Supreme Court within 90 days of communication of the order, on a question of law of the kind covered by section 100 of the Code of Civil Procedure. The Supreme Court may allow a further 90 days for sufficient cause. This is the route for legal errors.
What counts as an error apparent on the face of the record?
An error that is self-evident. It should be visible by comparing the order with the record, without fresh evidence and without a long argument. Courts have long said that if an error has to be established by a lengthy process of reasoning, it is not apparent on the face of the record, and the NGT applies the same idea.
Typical examples in environmental matters: the order directs action against the wrong unit, plot or survey number; it relies on a committee report about a different site; it records that a party did not file a reply when the reply is on the record; it computes compensation using the wrong number of days or a wrong figure from the report; it records a concession that the advocate never made; or it directs something that contradicts another paragraph of the same order.
What does not count: a conclusion you disagree with, a finding based on one report rather than another, a legal interpretation you think is wrong, or an argument you forgot to make. Nor, generally, does a later judgment of a higher court taking a different view of the law. Those are matters for appeal, or sometimes for a fresh application if the facts have changed.
Which reasons usually succeed in review, and which do not?
| Reason given | Usually a review ground? | Comment |
|---|---|---|
| Wrong unit, plot or survey number in the order | Yes | Show the mismatch with the report or pleadings |
| Arithmetic error in compensation | Yes | Show the correct calculation from the same inputs |
| Order says a document was not filed, but it was | Often | Give the page number and filing date |
| Order passed without hearing you, though you were a party | Often, or recall | Show the notice problem with proof |
| New report or record that came into existence after the order | Sometimes | Must be important and not obtainable earlier |
| Tribunal preferred the other side's evidence | No | An appeal or fresh application may fit |
| Tribunal misread the law | No | Appeal to the Supreme Court under section 22 |
| You want a stricter or lighter direction | No | Consider appeal, modification, or a fresh application |
Can I seek review because I have found new evidence?
Only if two things are true. The evidence must be important, meaning it would probably have changed the result, not just added colour. And you must show that despite due diligence it was not within your knowledge or could not be produced when the order was passed. The second condition is where most applications fail.
An RTI reply you could have sought months earlier, photos you had but did not file, or a lab report you chose not to get are not new evidence in this sense. A board inspection report issued after the hearing, a document the respondent withheld despite your request, or a record that came into existence later may be. Explain in the application, with dates, what you did to get the material and why it was not available.
If the new material shows a new or worsening problem rather than an error in the order, a fresh application or a complaint to the board may be the better course. Our guide on continuing cause of action in NGT cases explains how ongoing violations are treated for time limits.
What does "any other sufficient reason" cover?
Less than people hope. This phrase has been read narrowly, as covering reasons of a kind similar to the first two grounds rather than any reason that seems fair. In environmental cases it most often comes up where there was a failure of natural justice: a party who was entitled to be heard was not, or the order relied on material the affected party never saw.
A common situation is an order passed on a joint committee report that was never served on the unit or the applicant, with no chance to object. Another is an order affecting a person who was never made a party, such as a neighbouring unit swept into a closure direction. In such cases, a review or a recall application, filed quickly with proof, has a fair chance. If the report was served and you simply did not object in time, the argument is much weaker; see how to object to a joint committee report for why objections belong before the order.
Review, recall, modification or appeal: which one fits?
| Your situation | Usual route | Time to keep in mind |
|---|---|---|
| Obvious mistake on the record, or important new evidence | Review application | 30 days from receiving a copy |
| Order passed ex parte because notice never reached you | Application to recall or set aside the ex parte order | Move promptly once you learn of the order |
| Application dismissed because nobody appeared | Restoration application | Move promptly, with a genuine reason |
| Direction is unclear or cannot be carried out as worded | Application for clarification or modification | Before the compliance deadline |
| Tribunal erred on a question of law | Appeal to the Supreme Court, section 22 | 90 days from communication, plus up to 90 for cause |
| Facts have changed or a new violation has started | Fresh application or complaint to the board | Time limits for the new cause of action |
| Order is right but is being ignored | Execution application | After the compliance date passes |
For orders that are correct but not obeyed, see our guide on filing an NGT execution application.
How long do I have, and what happens to the Supreme Court deadline?
The rules allow 30 days from the date you receive a copy of the order. Note that date carefully: the day the order was uploaded, the day it was pronounced and the day you downloaded it may all differ, and a dispute about it is avoidable. Delay beyond 30 days is hard to get past. If you are late, explain the delay honestly with proof, but do not count on it being excused.
Meanwhile, the 90-day period for an appeal to the Supreme Court under section 22 runs from communication of the order. Do not assume that filing a review stops that clock. If the review is dismissed late in the day, you may find the appeal period has nearly gone. Where there is any real chance you will need to appeal, plan both from the start, and if the case has strong legal grounds, consider whether the review is worth filing at all. Our guide on NGT time limits covers how these periods are counted.
How to file a review application in the NGT
Note the date you received the order
Record when the copy reached you and how. Count 30 days from that date and diary the Supreme Court appeal deadline as well.
Identify the exact error
Write the mistake in one or two sentences and find the document on the record that shows it. If you cannot, reconsider whether review fits.
Check for new evidence properly
If relying on new material, list what it is, when it came into existence, and what you did earlier to obtain it.
Draft a short application
Set out the order, the specific paragraph in error, the ground of review, the record that shows the error, and the correction you seek. Avoid repeating the whole case.
Support it with an affidavit
Verify the facts, especially those on due diligence and dates, and attach the order and the relevant pages of the record.
File before the same bench
File through the NGT e-filing system in the original case and pay the fee the registry requires. Ask whether the review will be listed before the bench that passed the order.
Deal with the order meanwhile
A pending review does not by itself stay the order. Comply, or ask specifically for interim relief if compliance would cause irreversible harm.
How does the NGT decide a review application?
Review applications are generally placed before the same bench, or the same members where available, because they know the record best. Many are decided on the papers, and the bench may dismiss a review without hearing the other side if it sees no ground. If it thinks the application may have merit, it will usually issue notice to the other parties before changing anything.
If the review is allowed, the bench may simply correct the order (for example, replacing a wrong survey number), recall the order and rehear the matter, or modify a specific direction. If it is dismissed, the original order stands, and your remaining option is generally an appeal against the original order within the Supreme Court's time limits.
An industry facing a closure or compensation order with a factual mistake
For a factory, hospital, builder or project, the most common review situations are a closure or sealing order aimed at the wrong premises, compensation calculated on the wrong period or category, or reliance on a committee report that was never served. These are worth a prompt, focused review, supported by documents such as the consent order, the board's own category record, or the dates of inspection.
Do not treat the review as a shield. Until the tribunal says otherwise, the order binds you, and non-compliance can lead to execution proceedings and section 26 penalties. If compliance would cause damage that cannot be undone before the review is heard, ask specifically for interim protection and explain why. If the dispute is really about whether the tribunal could impose compensation at all, or on what legal basis, that is a question for the Supreme Court, and for compensation questions generally see environmental compensation demands.
When the order is too weak: can residents seek review?
Residents and RWAs often feel an order did not go far enough: it disposed of the case with a direction to the board to "take action in accordance with law", or fixed compensation that seems small. Review rarely helps here, because dissatisfaction with the relief is not an error on the record.
Better options are usually to use what the order gives you (follow up with the board, and execute the direction if it is ignored), to file a fresh application if the violation continues after the authority's action, or to appeal on a genuine question of law. If the order missed a prayer altogether, or failed to deal with a point that was squarely raised and argued, a review on that narrow ground may be possible; say exactly where in the record the point was raised. For the choice between forums generally, see High Court writ or NGT case.
Mistakes that sink review applications
The commonest is re-arguing the case: a review that repeats the original pleadings and adds a few new points will be dismissed, sometimes in a line. The second is missing the time limit by counting from the wrong date. The third is relying on "new evidence" that was available all along. And the fourth, often the most costly, is spending the appeal period waiting on a review that was never likely to succeed.
Tone matters too. A review application asks the same members to accept they made a mistake. Point out the error plainly and respectfully, show the document, and ask for the correction. Criticising the bench or the order in sweeping terms does not help.
Plot 14 or Plot 41: a review that fits, and one that does not
Here's a made-up example. A committee inspects an industrial area and finds a dyeing unit at Plot 41 discharging untreated effluent. The final order, in its operative part, directs the State Board to seal "the unit at Plot 14". The unit at Plot 14, which makes packaging material and was never a party, receives a sealing notice from the board.
Within a week, the Plot 14 unit files a review and recall application, attaching the committee report (which names Plot 41 throughout), its own consent to operate showing a different activity, and the board's notice. It asks the bench to correct the plot number and set aside any action against it, and applies for interim protection from sealing meanwhile. This is a classic error apparent on the face of the record, and the bench can see it in minutes.
Contrast a made-up review by residents in another case, unhappy that compensation was fixed at a lower figure than they claimed. Their application argues that the committee undervalued crop loss and that the tribunal should have preferred their own estimate. That is disagreement with how evidence was weighed, not an error on the record. A review on that basis is unlikely to succeed, and the time might have been better used assessing whether a question of law justified an appeal.
Before filing a review application
- Can you state the error in one or two sentences?
- Is there a document already on the record that shows it?
- If relying on new evidence, can you show it was unavailable despite due diligence?
- Are you within 30 days of receiving a copy of the order?
- Have you diarised the 90-day Supreme Court appeal deadline?
- Would recall, modification or a fresh application suit the problem better?
- Have you planned how to comply with the order, or asked for interim relief, while the review is pending?
Where to go next
If you are deciding between review and appeal against an order affecting your unit or your locality, our NGT litigation team can read the order and the record with you. Units that received a closure direction from the board after the NGT order may also find our page on replying to a closure notice useful, and those claiming or disputing money should see challenging or claiming environmental compensation.
Frequently Asked Questions
Can the NGT review its own order?
Yes. Section 19(4) of the NGT Act gives the tribunal the power to review its decisions, and its 2011 rules set the procedure and grounds.
What is the time limit for a review application in the NGT?
The rules require it to be filed within 30 days from the date of receiving a copy of the order. Delay beyond that is hard to get excused.
What are the grounds for review of an NGT order?
A mistake or error apparent on the face of the record, important new evidence that could not be produced earlier despite due diligence, or another sufficient reason of a similar kind.
Can I file a review because I think the NGT was wrong on the law?
Generally no. Legal errors are a matter for appeal to the Supreme Court under section 22, within 90 days of communication of the order.
Does filing a review stop the order from operating?
No, a pending review does not by itself stay the order. Comply, or ask the tribunal specifically for interim relief with reasons.
Does a review stop the time for appeal to the Supreme Court?
Do not assume so. Plan for the 90-day appeal period from communication of the original order, even while a review is pending.
Who hears an NGT review application?
It is generally placed before the same bench or members who passed the order, and is often decided on the papers.
The NGT passed an order without hearing me. What can I do?
If notice never reached you, apply promptly to recall or set aside the ex parte order, with proof of the service problem. A review on natural justice grounds may also be possible.
Can a company that was not a party seek review of an NGT order?
A directly affected non-party, such as a unit wrongly named in a closure direction, can apply for review or recall. Move quickly and attach documents showing the error.
Is a review application the same as a modification application?
No. A review corrects an error in the order. A modification or clarification application asks the tribunal to adjust or explain a direction, for example where it cannot be carried out as worded.
What happens if my review application is dismissed?
The original order stands. Your remaining option is usually an appeal to the Supreme Court against the original order, within the time allowed.
About the author
Advocate B.K. Singh, Founder & Principal Advocate, MCA, LL.B., LL.M.
Advocate B.K. Singh has practised for more than twenty years before the Supreme Court, the High Courts and the National Green Tribunal, and leads the environmental practice from offices in Dwarka (New Delhi) and Vaishali (Ghaziabad) with Advocate Sadhna Singh. Read his profile.
Think an NGT order contains a mistake?
Send us the order and the page of the record that shows the problem on WhatsApp, or call us. We will tell you whether review, recall, modification or appeal fits, and how much time you have.
This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Laws, rules, fees and time limits change, so check the current position for your matter before acting.
Have a question about your own case?
A guide can only go so far. Send us the notice, the order or a few photos, and we'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.
