CLAT PG Exam > CLAT PG Notes > Environmental Law > Cheat Sheet: National Green Tribunal Act, 2010
Cheat Sheet: National Green Tribunal Act, 2010
1. Establishment and Composition
1.1 Establishment of NGT
| Aspect | Details |
|---|---|
| Year of Enactment | 2010 (received President's assent on 2nd June 2010) |
| Effective Date | 18th October 2010 |
| Constitutional Basis | Article 21 (Right to Life) and Articles 48-A and 51-A(g) (environmental protection duties) |
| Nature of Tribunal | Specialized body for effective and expeditious disposal of environmental cases |
| Principal Bench Location | New Delhi (Section 4) |
1.2 Composition of NGT
| Component | Details |
|---|---|
| Chairperson | One Chairperson (Section 5) |
| Judicial Members | Not less than 10, not more than 20 (Section 5) |
| Expert Members | Not less than 10, not more than 20 (Section 5) |
| Total Strength | Maximum 41 members (1 Chairperson + 20 Judicial + 20 Expert) |
1.3 Regional Benches
- Central Government may establish Benches at other places (Section 4(2))
- Five Benches: Bhopal, Pune, Kolkata, Chennai (later shifted to Madras), and Principal Bench at Delhi
- Each Bench consists of at least one Judicial Member and one Expert Member
2. Qualifications and Appointment
2.1 Chairperson Qualifications
| Requirement | Specification |
|---|---|
| Section Reference | Section 6(1) |
| Qualification | Qualified to be a Judge of Supreme Court OR has been a Judge of Supreme Court OR has been Chief Justice of a High Court |
2.2 Judicial Member Qualifications
| Requirement | Specification |
|---|---|
| Section Reference | Section 6(2) |
| Qualification | Qualified to be a Judge of High Court OR has been a Judge of High Court for at least 5 years |
2.3 Expert Member Qualifications
| Criteria | Details |
|---|---|
| Section Reference | Section 6(3) |
| Administrative Experience | 15 years at State/Central level with adequate knowledge and experience in environmental matters in rank of Additional Secretary or above |
| Professional Qualifications | Good academic record with degree in physical/biological sciences, engineering/technology from recognized university |
| Professional Experience | 15 years practical experience in environmental matters including 5 years as senior scientist in reputed national-level institution |
2.4 Selection Committee
| Position | Member |
|---|---|
| Chairperson | Chief Justice of India or nominee (Section 7(1)) |
| Member | Senior Judge of Supreme Court or Chief Justice of High Court |
| Member | Secretary, Ministry of Environment, Forest and Climate Change |
2.5 Term and Conditions
| Aspect | Details |
|---|---|
| Tenure | 5 years from date of entering office or until age limit, whichever is earlier (Section 8(1)) |
| Age Limit - Chairperson | 70 years (Section 8(1)(a)) |
| Age Limit - Judicial Member | 65 years (Section 8(1)(b)) |
| Age Limit - Expert Member | 65 years (Section 8(1)(c)) |
| Reappointment | Not eligible for reappointment (Section 8(2)) |
| Resignation | By writing to Central Government (Section 9) |
3. Jurisdiction and Powers
3.1 Subject Matter Jurisdiction
| Statute | Coverage |
|---|---|
| Water (Prevention and Control of Pollution) Act, 1974 | All matters related to water pollution (Schedule I Entry 1) |
| Water (Prevention and Control of Pollution) Cess Act, 1977 | Matters related to water cess (Schedule I Entry 2) |
| Forest (Conservation) Act, 1980 | Forest conservation matters (Schedule I Entry 3) |
| Air (Prevention and Control of Pollution) Act, 1981 | Air pollution matters (Schedule I Entry 4) |
| Environment (Protection) Act, 1986 | General environmental protection matters (Schedule I Entry 5) |
| Public Liability Insurance Act, 1991 | Environmental damage compensation (Schedule I Entry 6) |
| Biological Diversity Act, 2002 | Biological diversity conservation (Schedule I Entry 7) |
3.2 Territorial Jurisdiction
- NGT has jurisdiction over all civil cases related to substantial questions relating to environment (Section 14)
- Extends to whole of India except State of Jammu and Kashmir (Section 1(2))
- Includes areas within territorial waters, continental shelf, exclusive economic zone and other maritime zones
3.3 Powers of NGT
| Power | Details |
|---|---|
| Civil Court Powers | Same powers as vested in Civil Court under CPC 1908 (Section 19(1)) |
| Compensation/Relief | Award relief, compensation and restitution of property damaged (Section 15(1)) |
| Restitution of Environment | Direct restoration of environment and payment for ecological damage (Section 15(2)) |
| Interim Orders | Pass interim orders as necessary (Section 20) |
| Contempt Powers | Punish for contempt of itself (Section 26) |
| Discovery | Require discovery and production of documents (Section 19(2)) |
| Summoning Witnesses | Summon and enforce attendance of witnesses and examine on oath (Section 19(3)) |
3.4 Application Filing
| Aspect | Details |
|---|---|
| Who Can File | Person aggrieved, Central/State Government, any local authority (Section 18(2)) |
| Limitation Period | Within 6 months from date when cause of action arose (Section 14(3)) |
| Extension of Time | NGT may condone delay if sufficient cause shown, but not beyond 60 days (Section 14(3) Proviso) |
| Form of Application | As prescribed under NGT Rules (Section 19(6)) |
4. Procedure and Appeals
4.1 Procedure Before NGT
| Principle | Details |
|---|---|
| Guiding Principles | Principles of natural justice (Section 19(1)) |
| Procedure Flexibility | Not bound by CPC 1908 procedure; can regulate its own procedure (Section 19(5)) |
| Evidence Act | Not bound by Evidence Act 1872 (Section 19(4)) |
| Time Limit for Disposal | Endeavor to dispose applications within 6 months of filing (Section 18(3)) |
| Quorum | At least one Judicial Member and one Expert Member (Section 4(3)) |
| Decision Making | Majority opinion prevails; Chairperson has casting vote in case of tie (Section 4(4)) |
4.2 Environmental Principles Applicable
- Sustainable Development (Section 20)
- Precautionary Principle (Section 20)
- Polluter Pays Principle (Section 20)
- Principle of inter-generational equity (Section 20)
4.3 Appeals from NGT
| Aspect | Details |
|---|---|
| Appellate Forum | Supreme Court of India (Section 22(1)) |
| Time Limit | Within 90 days from date of communication of decision/order (Section 22(1)) |
| Grounds | Only on substantial question of law (Section 22(1)) |
| Condonation of Delay | Supreme Court may condone delay if satisfied sufficient cause (Section 22(2)) |
| Stay of Operation | NGT may order stay of operation of its order pending appeal (Section 22(3)) |
4.4 Transfer of Pending Cases
| Forum | Transfer Provision |
|---|---|
| High Court | Cases pending before High Courts as on commencement transferred to NGT (Section 35) |
| Other Authorities | Cases pending before Appellate Authority or other authority transferred to NGT (Section 35) |
| Condition | Only if NGT has jurisdiction over such matters |
5. Exclusions and Bar of Jurisdiction
5.1 What NGT Cannot Adjudicate
| Excluded Matter | Section Reference |
|---|---|
| Any dispute regarding National Green Tribunal Fund | Section 14(1) Explanation |
| Matters directly or indirectly relating to Wildlife (Protection) Act, 1972 | Section 29 (amended 2021) |
| Matters directly or indirectly relating to Indian Forest Act, 1927 | Section 29 (amended 2021) |
| Matters under statutory provisions specified in Schedule II | Schedule II - appeals lie to High Court/Supreme Court |
5.2 Bar of Jurisdiction of Civil Courts
- No civil court has jurisdiction over matters within NGT jurisdiction (Section 29)
- No injunction can be granted by any court in respect of action taken by NGT (Section 29)
- Exception: Supreme Court under Article 136 and High Courts under Articles 226 and 227
5.3 Relationship with Other Statutory Authorities
| Authority | Provision |
|---|---|
| Appellate Authority under Water Act | NGT acts as Appellate Authority (Section 16 read with Schedule I) |
| Appellate Authority under Air Act | NGT acts as Appellate Authority (Section 16 read with Schedule I) |
| Original Orders under EPA | Appeal lies to NGT (Section 16) |
| Orders by State Pollution Control Boards | Appeal lies to NGT within 30 days (Section 16) |
6. Administrative and Financial Provisions
6.1 Removal of Members
| Ground | Details |
|---|---|
| Section Reference | Section 10 |
| Grounds for Removal | Proved misbehavior or incapacity (Section 10(1)) |
| Procedure | By order of President on reference by Supreme Court Judge (Section 10(1)) |
| Investigating Judge | Supreme Court Judge nominated by Chief Justice of India (Section 10(2)) |
| Suspension | President may suspend pending inquiry (Section 10(4)) |
6.2 NGT Fund and Budget
| Component | Details |
|---|---|
| Establishment | National Green Tribunal Fund created (Section 27) |
| Sources | Grants by Central Government, fees and other amounts received by NGT |
| Application | Salaries, allowances, expenses of Chairperson and Members; administrative expenses (Section 27(3)) |
| Accounts and Audit | Audited by Comptroller and Auditor-General or authorized person (Section 28) |
6.3 Staff and Officers
- Registrar and other officers and employees appointed by Central Government (Section 12(1))
- Salaries and allowances determined by Central Government (Section 12(2))
- Officers and employees function under superintendence of Chairperson (Section 12(3))
6.4 Vacancies and Acting Appointments
| Situation | Provision |
|---|---|
| Temporary Absence of Chairperson | Senior-most Judicial Member acts as Chairperson (Section 13(2)) |
| Vacancy in Chairperson Office | Senior-most Judicial Member acts until new appointment (Section 13(1)) |
| Effect of Vacancy | No act or proceeding invalid merely due to vacancy in constitution (Section 13(3)) |
7. Compensation and Relief
7.1 Types of Relief Available
| Relief Type | Details |
|---|---|
| Monetary Compensation | Award compensation to victims of pollution and environmental damage (Section 15) |
| Restitution of Property | Direct restitution of property damaged by pollution (Section 15(1)) |
| Environmental Restoration | Order restoration of degraded environment (Section 15(2)) |
| Cost of Restoration | Direct polluter to pay cost of restoring environment (Section 15(2)) |
7.2 Determination of Compensation
- NGT applies Polluter Pays Principle in determining compensation amount
- Compensation includes ecological damage and restoration cost
- Individual compensation for personal injury and property damage
- Exemplary costs may be imposed for deterrence
7.3 Execution of Orders
| Aspect | Provision |
|---|---|
| Execution as Decree | NGT order executed as decree of civil court (Section 25) |
| Transmittal | NGT may transmit order to civil court having local jurisdiction (Section 25(1)) |
| Contempt | Willful disobedience punishable as contempt (Section 26) |
8. Key Provisions and Miscellaneous
8.1 Compliance with International Obligations
- NGT gives effect to Rio Declaration on Environment and Development 1992 (Preamble)
- Implements decision in A.P. Pollution Control Board v. M.V. Nayudu (1999) - Precautionary Principle and Polluter Pays
- Compliance with Stockholm Declaration 1972 principles
8.2 Rule-Making Power
| Authority | Scope |
|---|---|
| Central Government | Power to make rules under Section 30 for implementation of the Act |
| Chairperson | May frame regulations with approval of Central Government (Section 31) |
| Subject Matter | Salaries, allowances, conditions of service, procedure, forms, fees |
8.3 Protection of Action Taken in Good Faith
- No suit, prosecution or legal proceeding against NGT member or staff for acts done in good faith (Section 32)
- Protection extends to any order made or action taken under the Act (Section 32)
8.4 Amendments
| Year | Amendment |
|---|---|
| 2017 | Amendment to Section 7 regarding Selection Committee composition |
| 2021 | Exclusion of Wildlife Protection Act and Indian Forest Act from NGT jurisdiction (Section 29 amended) |
8.5 Important Definitions
| Term | Definition |
|---|---|
| Environment | Includes water, air, land and inter-relationship with human beings, other living creatures, plants, micro-organism and property (Section 2(f)) |
| Substantial Question Relating to Environment | Question relating to determination of civil rights and obligations arising out of implementation of enactments in Schedule I (Section 2(m)) |
| Person Aggrieved | Person who has suffered injury or damage by environmental harm (Section 18(2)) |
8.6 Notification Requirements
- Establishment of Benches requires notification by Central Government (Section 4(2))
- Appointment of members effective from date of notification (Section 7)
- Rules and regulations laid before Parliament (Section 30(3) and Section 31(3))
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