The National Green Tribunal Act,2010 | Environmental Law - CLAT PG PDF Download

About National Green Tribunal (NGT)

The National Green Tribunal (NGT) is a specialized judicial body in India that focuses on cases related to environmental protection,conservation of forests, and other natural resources. It was created to provide a dedicated forum for the swift and effective resolution of environmental disputes, alleviating the burden on regular courts.

Establishment of National Green Tribunal

The establishment of the National Green Tribunal (NGT) in India followed a series of significant events:

• Rio De Janeiro Summit (1992): The NGT's inception traces back to the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro, where India committed to judicial remedies for environmental damage.
• Judicial Activism in Environmental Jurisprudence: Landmark judgments, such as Subhash Kumar v. State of Bihar (1991), recognized the 'Right to a Clean Environment' as a fundamental right, paving the way for a specialized environmental adjudicatory body.
• Law Commission Recommendations: The Law Commission of India, in its 186th Report (2003), advocated for specialized environmental courts to address the rising number of environmental cases.
• National Environment Tribunal Act, 1995: Although this act aimed at strict liability for damages from hazardous substances, it was not effectively implemented.
• National Green Tribunal Act, 2010: Building on earlier initiatives, this act established the NGT as a specialized judicial body for environmental matters.
• Operationalization of the NGT: The NGT became operational in 2011 with the appointment of its Chairperson and other members.

India is the third country globally, after Australia and New Zealand, to establish a dedicated body like the NGT for addressing environmental issues and disputes.

Objectives of National Green Tribunal

The major objectives of the National Green Tribunal (NGT) in India include:

• To ensure the effective and quick resolution of cases related to environmental protection and the conservation of forests and other natural resources.
• To enforce legal rights related to the environment and provide relief and compensation for damages to individuals and property.
• To uphold the fundamental right to a safe environment as guaranteed under Article 21 of the Constitution.
• To enhance environmental governance and accountability through a specialized judicial mechanism.
• To facilitate timely and informed decisions on environmental issues by bringing together legal experts and environmental scientists.
• To promote sustainable development practices that balance environmental concerns with economic growth.
• To raise awareness about environmental protection among the public and policymakers.

Composition of National Green Tribunal (NGT)

The composition of the National Green Tribunal (NGT) as per the National Green Tribunal Act, 2010, includes:

• Chairperson: Heads the NGT.
• Judicial Members: There are at least 10 and not more than 20 Judicial Members. The exact number is decided by the Central Government.
• Expert Members: There are at least 10 and not more than 20 Expert Members, with the exact number also decided by the Central Government.

Additionally, the Chairperson may invite individuals with specialized knowledge to assist the Tribunal on a part-time basis if needed.

Qualifications of Members of NGT

Chairman

• A judge of the Supreme Court of India or the Chief Justice of a High Court is eligible to become the Chairperson of the NGT.

Judicial Members

• Eligible candidates include a judge of the Supreme Court of India,Chief Justice of a High Court,existing judge of a High Court, or a retired judge of a High Court.

Expert Members

• A person with a degree in technology and 15 years of experience in a relevant field, including 5 years of practical experience in environment and forests, is eligible.
• Experience can be from reputable National level institutions or work with Central and State Governments.

Appointment of Members of NGT

• The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI).
• Judicial Members and Expert Members are appointed by a Selection Committee formed by the Central Government.

Tenure of Members of NGT

• The Chairperson, Judicial Members, and Expert Members hold office for a term of five years or until the age of sixty-five years, whichever is earlier.
• They are not eligible for reappointment.

Benches of National Green Tribunal (NGT)

Principal Bench of NGT

• Established in New Delhi.
• Covers the Northern Zone of the country.

Regional Benches of NGT

• Bhopal(Central Zone Bench)
• Pune(Western Zone Bench)
• Chennai(Southern Bench)
• Kolkata(Eastern Bench)

Circuit Benches of NGT

• In addition to the Principal and Regional Benches, there can be Circuit Benches across different regions of India.
• These benches aim to ensure broader accessibility and effective disposal of environmental cases.
• For instance, the Southern Zone bench based in Chennai may hold sittings in other cities like Bangalore or Hyderabad.

Powers and Jurisdiction of National Green Tribunal (NGT)

The National Green Tribunal (NGT) has the authority to hear civil cases related to environmental issues and the implementation of specific laws. These laws are listed in Schedule I of the National Green Tribunal Act of 2010.

Important Laws Included in NGT's Jurisdiction

• The Water (Prevention and Control of Pollution) Act, 1974.
• The Water (Prevention and Control of Pollution) Cess Act, 1977.
• The Forest (Conservation) Act, 1980.
• The Air (Prevention and Control of Pollution) Act, 1981.
• The Environment (Protection) Act, 1986.
• The Public Liability Insurance Act, 1991.
• The Biological Diversity Act, 2002.

Guiding Principles of National Green Tribunal (NGT)

1. Principle of Natural Justice

• The National Green Tribunal (NGT) is guided by the Principle of Natural Justice, ensuring fair and impartial decisions without strict adherence to the Civil Procedure Code, 1908.

2. Principle of Sustainable Development

• The NGT applies the principles of sustainable development to balance environmental protection and economic development in its decisions.

3. Precautionary Principle

• The Tribunal can take preventive actions even without complete scientific certainty about potential harm.

4. Polluter Pays Principle

• The NGT holds the polluter accountable for environmental damage or pollution caused by their actions.

5. Flexible Rules of Evidence

• The NGT has the flexibility to consider a wider range of evidence, including scientific data and expert testimonies, in its decision-making process, rather than strictly following the Indian Evidence Act of 1872.

Appeal against NGT’s Decision

• Under the National Green Tribunal Act of 2010, parties dissatisfied with the NGT's order can seek a review of the decision. If still aggrieved, the party can challenge the NGT's order before the Supreme Court within ninety days of its issuance.

Importance of National Green Tribunal (NGT)

1. Specialized Environmental Adjudication

• The NGT is the first judicial body in India dedicated solely to environmental cases, marking the beginning of specialized environmental adjudication.

2. Expedited Grievance Redressal

• NGT follows a time-bound process for hearing and resolving cases, ensuring timely resolution of environmental concerns.

3. Enforcing Environmental Laws

• Through its authority to impose fines and hold authorities accountable, the NGT ensures effective implementation of various environmental laws and regulations.

4. Prevention of Environmental Damage

• The NGT is empowered to direct proactive measures to prevent environmental damage, playing a crucial role in protecting the environment and ecology.

5. Remedy of Environmental Damage

• By ordering remedial actions to address existing environmental degradation, the NGT significantly contributes to environmental conservation.

6. Bridging the Gap

• The NGT acts as a bridge between the judiciary, the executive, and the public in environmental governance, providing a platform for citizens, NGOs, and stakeholders to bring environmental issues to the forefront.

7. Promoting Sustainable Development

• The NGT’s decisions aim to balance environmental protection and economic development, ensuring development projects comply with environmental regulations and minimize ecological impact.

Criticism of the National Green Tribunal (NGT)

The National Green Tribunal (NGT) faces several criticisms and key issues, including:

Ambiguity in the term 'Substantial Question'

• The interpretation of "substantial question" related to the environment is ambiguous.
• The NGT should provide clear guidelines to ensure consistent interpretation.

Exclusion of key Environmental Acts

• Acts like the Wildlife (Protection) Act, 1972, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are excluded from the NGT's jurisdiction.
• This limitation affects the NGT's ability to address important environmental issues.

Differential and limited time frames

• The varying time frames for approaching the NGT, such as 30 days, 6 months, and 5 years, are considered arbitrary.
• A more unified and flexible approach to timelines is needed.

Inclusion of the scientific community

• The process for selecting technical experts on the NGT lacks transparency and rigor.
• Inclusion of the scientific community should be through a participatory selection process.

Fine for false or vexatious claims

• Imposing costs on false or vexatious claims can deter affected people from approaching the NGT.
• This provision should be carefully implemented to avoid discouraging legitimate grievances.

Judicial overreach

• The NGT has been criticized for entering the legislative domain, such as banning sand mining in Goa.
• Its role should focus on interpreting and enforcing environmental laws without encroaching on legislative functions.

Landmark Judgments of the National Green Tribunal (NGT)

The National Green Tribunal (NGT) has played a crucial role in shaping environmental governance in India through its significant judgments. Here are some of the landmark decisions made by the NGT:

Complete Prohibition on Open Burning of Waste (2012)

• The NGT addressed the critical issue of waste management by mandating a complete ban on open burning of waste, including in landfills.
• This judgment has significantly contributed to improved air quality and better waste management practices across the country.

Save Mon Federation Vs Union of India (2013)

• In this case, the NGT demonstrated its commitment to biodiversity conservation by suspending a large hydro project in Arunachal Pradesh.
• The suspension aimed to protect the habitat of the critically endangered Black-Necked Crane bird species.

Coal Mining in Meghalaya (2014)

• The NGT imposed a ban on rat-hole coal mining in Meghalaya due to concerns about environmental degradation and safety issues.

Art of Living Case (2016)

• The NGT fined the Art of Living Foundation Rs. 5 crore for causing environmental damage to the Yamuna floodplains.
• The Tribunal also mandated restoration measures to rectify the damage.

Ganga Pollution Case (2017)

• The NGT directed the implementation of a comprehensive action plan for cleaning the Ganga River.
• This included a ban on the disposal of waste and effluents into the river and the establishment of sewage treatment plants.

Ban on Firecrackers During Diwali (2020)

• The NGT imposed a temporary ban on the sale and use of firecrackers in Delhi and other polluted cities during Diwali celebrations.
• This measure aimed to reduce air pollution levels during the festival.

Ban on Diesel Vehicles

• The NGT has imposed bans on the registration of new diesel vehicles and the plying of old diesel vehicles in the National Capital Region (NCR).
• These measures aim to curb air pollution in the region.

Regulation of Groundwater Extraction

• The NGT has issued directives to regulate groundwater extraction and promote recharge measures.
• These actions address the critical issue of depleting groundwater levels.

Protection of Wetlands

• The NGT has taken steps to protect wetlands across the country, including the Okhla Bird Sanctuary (Noida), Deepor Beel (Assam), and Chilika Lake (Odisha).
• These measures involve preventing encroachment and illegal activities in these sensitive areas.

Remediation of Polluted Sites

• The NGT has ordered the remediation and restoration of polluted sites, such as Bellandur Lake in Bengaluru and the Yamuna riverbed in Delhi.
• These initiatives aim to restore the environmental quality of these affected areas.

Conclusion

The National Green Tribunal (NGT) is a vital institution in India's efforts toward sustainable development and environmental justice. By tackling complex environmental challenges with a combination of judicial and scientific expertise, the NGT has made significant progress in protecting the environment. However, it is crucial to continue working on overcoming challenges and enhancing the tribunal's effectiveness to fulfill its mandate and contribute to a greener and healthier India.