National Green Tribunal

[Biotech College]

What is NGT, its role and authority ?

[Kriti Jain]

The National Green Tribunal has been established on 18.10.2010 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 environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four place of sitting of the Tribunal.

[lokeshdeva]

The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government. The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.

[krishna prajapati]

National Green Tribunal Act, 2010 (NGT) is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment.

On 18 October 2010, Justice Lokeshwar Singh Panta became its first Chairman. Justice Swatanter Kumar retired on 20 December 2017.After him acting chairman of NGT was Justice Jawad Rahim..retired, currently justice Adarsh Kumar Goel is the incumbent chairman of national green tribunal.

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. The tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.Initially, the NGT is proposed to be set up at five places of sittings and will follow circuit procedure for making itself more accessible; New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other 4 place of sitting of the Tribunal.

[Biotech College]

NGT Importance

To be disposed in six months as per law, NGT has Over 3,500 cases pending June 2018. The role of NGT for the cause environment is evident from following high profile or exemplary case handled so far:

(1) Betty Alvares
Objection to Illegal construction in the Coastal Regulation Zone of Candolim, Goa, was allowed even (1) was raised by Foreigner (2) Was after time limits

(2) Almitra Patel
Requested improvement in managing Municipal Solid Waste in India (>133760 MT day)
NGT Issued 25 directives:
Implement the Solid Waste Management Rules, 2016
Central / state governments / local bodies / citizens to oblige
Proper segregation before processing
Provide buffer zones around plants and landfills
Prohibited open burning of waste

(3) Srinagar Bandh Aapda Sangharsh Samiti
Uttarakhand flood (2013) calamity caused loss of life and property was due to dumping of soil from Alaknanda Hydel project. Ordered paying Rs 1 lac to each applicant (Polluter pay).

(4) Samit Mehta
Environmental damage by sinking of a ship 'M.V.Rak' carrying coal, fuel oil and diesel near coast of Mumbai.
For negligence, company made to pay compensation Rs. 100 crores to the Ministry of Shipping and Rs. 6 crore to other party. 

(5) Save Mon Region Federation
Challenged Environmental Clearance given to Rs 6,400 crore hydel project close to wintering site for Black-necked Crane (Schedule I Wildlife Protection Act, 1972) and home to other endangered species. NGT suspended Clearance granted and directed EAC for fresh appraisal on EC.

[Rohan Thakker]

Dr. Justice Jawad Rahim, Justice Raghuvendra Singh Rathore, Justice Sonam Phintso Wangdi and Justice K. Ramakrishnan are the four members of the NGT. I think all the members are retired judges of Supreme Court with some expert members.

[lokeshdeva]

challenge faced and also overcome by the NGT has been in the mission of the Judges and the
Expert Members of the NGT to maintain the precarious balance between the environment and
sustainable development. From observing the recent proceedings of this court and reading the
various orders/judgments passed by the NGT, the Members of this Tribunal have achieved
such a feat in a majority of their cases. For example, in the Lavasa, POSCO, Kaziranga, Jindal
Steel, Somepeta case, and so on.
Also, as a specialized body to determine cases relating to the environment, the NGT should not
have to be limited in such a manner. It is technically equipped to handle cases even under the
Wildlife (Protection) Act, 1972. However, along with an increase in its power to handle cases
involving multi-disciplinary issues, the predicament of the lack of human resource needs to be
resolved in order for the Tribunal to reach its envisioned potential, the basis on which the
National Green Tribunal Act was passed.
The initiation of the NGT under the National Green Tribunal Act of 2010 has been an optimistic
step in environmental litigation. This court can rightly be called ‘special’ because India is the
third country following Australia and New Zealand to have such a system. We feel that India
has the most progressive and active environmental Tribunal. The need of the hour, however, is
building capacity and increasing awareness amongst people, enabling them to come forward to
protect the environment around them. Locals should be able to enforce their constitutional right
to a healthy environment and protect their forests and wildlife.
We look forward to seeing many great things from this Tribunal in the future.

[Rohan Thakker]

In 2016, Shri Shri ravishankar's Art of living foundation did world culture festival on the plains of yamuna river. NGT took the case on hand and a fine of rupees 5 crores was imposed on art of living foundation as restoration cost of yamuna flood plains. Kumbh Mela was never a threat to environment. People were minimalists who used gathered in the Kumbh. Now Kumbh Mela is a high tech event, why not NGT should do something like it did in the case of art of living foundation! Let the government restore the plains where 5 crore people came in a day! Kumbh is a 45 day event if I am not wrong!

[Biotech College]

Yes, I was searching for this case of World Culture Festival, where despite government permission it was challenged and hefty fine was imposed. It was NGT.

[Rohan Thakker]

Yes Sir, one more point. In the case of Bhopal Gas Tragedy, Supreme Court ordered that all the pending cases related to environmental issues should be transferred to the NGT from the highcourts.This was a simple order that highcourts will not run the cases related to environment.
Whereas in the Adarsh housing demolition case, when the case was transferred to NGT, the Supreme Court ruled against its own order in 2015 that the case of Adarsh housing society needs reconsideration! Actually Adarsh housing society was illegal and was violating the Coastal regulation
Zone,1991 rules and ministry of environment, forests and climate change ordered in 2011 to demolish the same!
I personally feel that NGT is doing a good job but it is still not autonomous like the Supreme Court of India!

[lokeshdeva]

The World Culture Festival entered into a controversy when environmental activists told the NGT that the event will destroy the fragile ecology of the Yamuna floodplains. The NGT pulled up the AOL(Art of Living) Foundation and various government agencies including the Delhi Development Authority (DDA) and the Delhi Pollution Control Committee (DPCC) for not conducting proper inspections and granting permission for the event despite a standing order by the NGT to the states that no activity will be conducted on the Yamuna floodplains.

[lokesh deva]

The NGT on 19 Dec 19, refused to interfere with the SPCB order which had directed for temporary closure of polluting industries discharging effluent in tributaries of Ganga, in view of ongoing Kumbh Mela at Prayagraj that commenced from 14.01.2019. The tribunal had come to this conclusion after going through reports from the central pollution control board (CPCB) and Uttar Pradesh pollution control board (UPPCB), and was of the view that the activities of the industries have an adverse impact on the water quality of river Ganga.  

On Fri, Feb 8, 2019 at 9:37 AM Biotech College <yagn...@gmail.com> wrote:

Yes, I was searching for this case of World Culture Festival, where despite government permission it was challenged and hefty fine was imposed. It was NGT.

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Lokesh Deva

[chilenilam]

an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.[3] It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment.