An Overview about structure, functioning, power and jurisdiction of the environmental court.

1. NATIONAL GREEN TRIBUNAL : AN OVERVIEW
Raminder Singh
School of law

2. INTRO : Concept and Evolution in India
 The industrial revolution which started during the 2nd Five Year Plan in India
had given new dimensions to the economic growth but it posed a
environmental threat simultaneously on account of exploitations of the
natural resources.
 India is a party Stockholm Conference,1972 has made significant declaration
related to safeguarding of natural resources and to developing international
law. (First step towards environmental issues)
 India is also a signatory of second declaration Rio-De-jenerio in 1992.This
declaration states that, the participatory states must make suitable
environment legislation with its effective access of remedies to their people.
 A uniform system is adopted to deal with the environmental issues as
National Environment Tribunal Act, 1995 which shortly culminated into the
National Environmental Appellate Authority Act, 1997 but being in the initial
stage of its origin, these two mechanisms could not perform efficiently on
account of limited jurisdictions over the environmental issues.

3.  The Law Commission of India in its 186th report (2003) recommended that
the Union government should be establish and constitute Separate
Environmental Court in each state, to deal with complex scientific and
specialized issue relating to environment.
 Supreme Court of India in four landmark judgments, namely, M.C. Mehta vs
Union of India, Indian Council for Environmental-Legal Action v. Union of
India, A.P. Pollution Control Board v. M.V. Nayudu and A.P. Pollution Control
Board v. M.V. Nayudu II, has stressed upon uniform and multi faceted
stattutory and judicial body in form “Environmental Courts” with its
technical/scientific assistance.
 Due to the complex nature of environment litigations, the Apex Court of India
felt the need and suggested for establishing separate environmental court for
faster, cheaper and more effective resolution of disputes in environmental
matters.
 Consequently, The National Green Tribunal (NGT) was founded on 18th
October, 2010 under the National Green Tribunal Act, 2010 wherefrom the
real journey of environmental protection got started in India

4. Objectives of National Green Tribunal (NGT)
 Effective and expeditious disposal of cases that are related to the protection
and conservation of the environment, forests, and other natural resources.
 To give relief and compensations for any damages caused to persons and
properties.
 To handle various environmental disputes that involve multi-disciplinary
issues.
 It has been established to ensure the right citizens of India to a healthy
environment.
 To achieve the foremost goal of sustainable development.
 Its aim to establish to reduce the burden and pressure on the courts.

5. Features of NGT
 This tribunal is quasi-judicial body and blend of powers of civil and criminal
courts in many respects. It replaced the National Environment Appellate
Authority, a previous body with a more limited jurisdiction which was largely
considered ineffectual.
 It is Statutory Body incorporated by NGT Act 2010
 To settle the disputes where a substantial question relating to environment
is involved.1
 The NGT, with each judicial bench comprised of a judicial as well as a
technical member, is contemplated to be a “multi-faceted Environmental
Court with judicial and technical/specific inputs.
 The NGT is a specialized forum for effective and speedy disposal of cases
pertaining to environment protection and conservation of forests.

6.  The NGT was granted wide ranging powers allowing it to adjudicate cases of
protection of the environment, natural resources and the legal rights of
people being affected under a number of existing laws.
 The NGT has established its five Benches i.e. places of sitting, in India. New
Delhi is the Principal place of sitting and other benches are Bhopal, Pune,
Kolkata and Chennai.
 The Tribunal is empowered to invite any one or more persons having
specialized knowledge and experience in a particular field like Engineering,
Technology, Science, administrative experience and so on to assist the
Tribunal in particular cases.
 It is first legislation in India which recognizes the “principles of sustainable
development, the precautionary principle and the polluter pays principle.

7. Structure of NGT
 The Tribunal comprises of the Chairperson, the Judicial Members and
Expert Members. They shall hold office for term of five years and are not
eligible for reappointment.
 The Chairperson is appointed by the Central Government in consultation
with Chief Justice of India (CJI). Chairperson will be appointed from Judge of
the Supreme Court of India or Chief Justice of a High Court, either sitting or
retd.
 A Selection Committee shall be formed by central government to appoint the
Judicial Members and Expert Members.
 There are to be least 10 and maximum 20 full time Judicial members and
Expert Members in the tribunal.

8. Powers & Jurisdictions Of NGT
 The Tribunal has jurisdiction over all civil cases involving substantial
question relating to environment (including enforcement of any legal right
relating to environment).
 Being a statutory adjudicatory body, apart from original jurisdiction side on
filing of an application, NGT also has appellate jurisdiction to hear appeal as
a Court (Tribunal).
 The Tribunal is not bound by the procedure laid down under the Code of
Civil Procedure 1908, but shall be guided by principles of 'natural justice'.
 While passing any order/decision/ award, it shall apply the principles of
sustainable development, the precautionary principle and the polluter pays
principle.
 No application can be entertained to resolve the dispute unless it is
presented before the tribunal with in 6 months from the cause of action first
arose. (Sec 14 of the NGT Act)

9. NGT by an order, can provide;
 relief and compensation to the victims of pollution and other
environmental damage (including accident occurring while handling
any hazardous substance),
 for restitution of property damaged, and
 for restitution of the environment for such area or areas, as the
Tribunal may think fit. (Sec 15 of the Act)
Section 16 of the Act confers Appellate Jurisdiction of the Tribunal. It
provides that any person aggrieved by the order may prefer an appeal
with in 30 days from its decision/order under various Acts.
An order/decision/award of Tribunal is executable as a decree of a civil court.
The NGT Act also provides a procedure for a penalty for non compliance:
 Imprisonment for a term which may extend to three years,
 Fine which may extend to ten crore rupees,
 Both fine and imprisonment.

10.  An appeal against decision/award of the tribunal lies to the Supreme Court,
generally within ninety days from the date of its communication. (Sec 22 )
 The NGT deals with civil cases under the various laws (like EPA 1986, Wpcp
Act 1974, Apcp Act 1981, FC Act 1980 and so on) related to the
environment protection.
 Any violation pertaining to these laws or any decision taken by the
Government under these laws can be challenged before the NGT.
LOCUS STANDI (Who May Apply) Sec 18 of the Act.
 Who sustained the injury. (death occurred due to damaged, any legal repre)
 Owner of the property to which the damaged has caused.
 Any organisation or representative body.
 Any Gov. institution like central or state board, local authorities, etc.

11. JUDICIAL TREND (Case Laws)
 In 2012 Almitra H. Patel vs. Union of India case, NGT gave judgment of
complete prohibition on open burning of waste on lands, including landfills –
regarded as the single biggest landmark case dealing with the issue of solid
waste management in India.
 In 2015, the NGT ordered that all diesel vehicles over 10 years old will not
be permitted to play in Delhi-NCR.
 In 2017, the Art of Living Festival on Yamuna Food Plain was declared
violating the environmental norms, the NGT panel imposed a penalty of Rs.
5 Crores.
 The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-
micron thickness in Delhi because “they were causing animal deaths,
clogging sewers and harming the environment”.
 Rohit Chaudhary v. Union of India 2013, this case dealt with the steps taken
to protect and conserve the tiger reserve at the Kanziranga National Park in
Assam

12.  The Tribunal noted the adverse impacts of human intervention in the said
park which is also a world heritage site. Tribunal order to deduce the any
kind of human intervention in the area and said that it is not favorable to the
natural habitat of the animals. Tribunal also ordered that not to construct any
hotel or resort without the prior sanction from necessary authorities and also
banned the parking of trucks
 In case of Shobha Phadanvis v. State of Maharashtra Another 2014, Tribunal
observed that forests are a vital component to sustain the life support
system on the earth. The order is made to conservation, preservation and
protection of forests and the ecology where the forests were destroyed
immensely and without prior permission of the authorities.

13. In Awaaz Foundation and Anr v. State of Maharashtra and Ors (known as sand
mafia case). The unbridled, uncontrolled and rampant dredging of sea,
dredging of Rivers for extraction of sand is being carried out in violation of
statutory provisions. A large number of sand mafias are indulging in such
business that is causing damage to the environment, ecology and the flora
and fauna.Various Guidelines/directions issued to competent authority.
In M/S Assam Stone Crusher v. Rohit Chaudhary & Ors, 2013 industries were
illegally established in “No Development Zone”, in and around Kanziranga
National Park. So, directions were sought for closure of such industries

14.  In Krishi Vigyan Arogya Sanstha v. MoEF, 2011 The MoEF (ministry of
environment and forest)has been directed to ask the Department of Atomic
Energy to prescribe national standards for nuclear radiation in residential,
industrial and ecologically sensitive areas of the country.
 In Durga Dutt v. State of HP, 2014 the Tribunal decided that there was a
need to restore the glacier’s degraded environment and prevent further
damage by adopting precautionary measures including “regulating and
restricted vehicular traffic” introducing stringent emissions norms.
 In M/S Riverside Resort Pvt.Ltd. v. Pimpri Chinchwad Municipal Corporation
(maharashtra), (MPCB) and Other 2014. … the application was filed under
section 18(1) read with section 14 and 15 of NGT Act, 2010, against the
construction of crematorium activities on the river side(i.e prohibited zone) of
the respondents. The tribunal observed that construction of additional
crematorium in the areas is not required for any development purpose, nor it
can be branded as ‘sustainable development’ within the meaning of
environmental laws.

15.  The tribunal directed that the construction of the retaining/protective walls is
over and above the ground level, shall be immediately demolished by the
PCMC within period of two weeks, at its own costs.
 River Ganga Pollution case. On 15 January 2016, the bench had directed
Uttar Pradesh and Uttarakhand government to identify seriously polluting
industries located on the banks of Ganga and apprise it about “quantity and
quality” of discharge generated by them in the river.
 The green panel also asked ministry of environment and forests and ministry
of water resources to take a clear stand on all aspects of industrial and
domestic sewage entering directly or indirectly into the river.

16.  The tribunal directed to identify how many drains joined the river Ganga and
also record quantity and quality of effluents generated in the river. It asked
Ministry of Environment and Forests, CPCB, state pollution control board
and UP Jal Nigam to clarify their stand on zero liquid discharge (water
treatment process), online monitoring of effluents and discharge of waste in
drains by industries releasing contaminants in the Ganga
 In Ramubhai Kariyabhai Patel v. Union of India &Ors…. the tribunal itself
collected relevant records and monitoring data available with various
regulatory agencies pertaining to an accident that had happened a year back
where hazardous waste was spilled to the environment, and directed the
operators were made to pay 25, 00,000/-towards restitution of environment
in addition to compensation for farmers.

17. CONCLUSION
 The NGT has grown in multidisciplinary dimensions and makes great
contribution to the development of environmental jurisprudence not only in
national level but also in global level. The NGT of India has developed faith
in society till date and achieved success in delivering environmental justice.
During the disposal of cases and delivery of justice, NGT is the first body in
India to apply the polluter pay principle, the precautionary principle and
sustainable development principle.