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With regard to the functioning of the National Green Tribunal, consider the following statements:
1. It has been established under the Wild Life (Protection) Act, 1972 for effective and expeditious disposal of cases relating to environmental protection.
2. The tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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With regard to the functioning of the National Green Tribunal, conside...
Explanation:
Statement 1:
- The first statement is incorrect. The National Green Tribunal (NGT) was actually established under the National Green Tribunal Act, 2010 and not under the Wild Life (Protection) Act, 1972.
- The NGT was set up to handle cases related to environmental protection and conservation, and it has jurisdiction over matters dealing with forests, biodiversity, air and water pollution, and more.
- Therefore, the correct information is that the NGT was established under its own specific act rather than the Wild Life (Protection) Act, 1972.
Statement 2:
- The second statement is correct. The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908. This means that the tribunal has the flexibility to adopt procedures that it deems fit for the expeditious disposal of environmental cases.
- This provision allows the NGT to operate more efficiently and effectively in dealing with environmental issues and ensures that cases are resolved in a timely manner.
Therefore, the correct answer is Option B: 2 only, as the first statement is incorrect while the second statement is accurate in describing the functioning of the National Green Tribunal.
Statement 1:
- The first statement is incorrect. The National Green Tribunal (NGT) was actually established under the National Green Tribunal Act, 2010 and not under the Wild Life (Protection) Act, 1972.
- The NGT was set up to handle cases related to environmental protection and conservation, and it has jurisdiction over matters dealing with forests, biodiversity, air and water pollution, and more.
- Therefore, the correct information is that the NGT was established under its own specific act rather than the Wild Life (Protection) Act, 1972.
Statement 2:
- The second statement is correct. The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908. This means that the tribunal has the flexibility to adopt procedures that it deems fit for the expeditious disposal of environmental cases.
- This provision allows the NGT to operate more efficiently and effectively in dealing with environmental issues and ensures that cases are resolved in a timely manner.
Therefore, the correct answer is Option B: 2 only, as the first statement is incorrect while the second statement is accurate in describing the functioning of the National Green Tribunal.
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Community Answer
With regard to the functioning of the National Green Tribunal, conside...
- The National Green Tribunal has been established under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to the environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. Hence, statement 1 is not correct.
- The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of the filing of the same.
- NGT has not been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation, etc.
- The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. Hence, statement 2 is correct.
- Further, NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872. Thus, it will be relatively easier (as opposed to approaching a court) for conservation groups to present facts and issues before the NGT, including pointing out technical flaws in a project or proposing alternatives that could minimize environmental damage but which have not been considered.
- While passing Orders/decisions/awards, the NGT will apply the principles of sustainable development, the precautionary principle and the polluter pays principles.
- However, it must be noted that if the NGT holds that a claim is false, it can impose costs including lost benefits due to any interim injunction.
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With regard to the functioning of the National Green Tribunal, consider the following statements:1. It has been established under the Wild Life (Protection) Act, 1972 for effective and expeditious disposal of cases relating to environmental protection.2. The tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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