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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Himalaya Bioextracts Ltd was penalised by an adjudicating officer under the Biological Diversity Act, 2002. The company received a copy of the order on 1 March. It wishes to challenge the order. Which course is correct?

The company should appeal to the National Green Tribunal within sixty days from the date it received the copy of the adjudicating officer's order. The Act names the NGT as the appellate forum and fixes the limitation from receipt of the order, not the date it was passed.

  1. AAppeal to the National Green Tribunal within sixty days of receiving the copy of the orderCorrect
  2. BAppeal to the High Court within ninety days of the order date
  3. CAppeal to the State Biodiversity Board within thirty days of the order
  4. DRevision petition before the Central Government within sixty days

Explanation

Section 55A(3) and (4) provide an appeal to the National Green Tribunal, to be filed within sixty days from the date the aggrieved person receives the copy of the order. The other forums and periods are not provided by the section.

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