national green tribunal

Table of Contents

Introduction

India is taking significant steps to protect its environment and natural resources. In 2010, the country established the National Green Tribunal, a specialised judicial body dedicated to addressing environmental issues. This tribunal plays a vital role in ensuring effective resolution of disputes related to environmental protection and conservation. With a unique composition of expert members, including judges and professionals with specialised environmental knowledge, the National Green Tribunal is at the forefront of India’s efforts to uphold sustainable development principles and safeguard its natural heritage for present and future generations.

What is the National Green Tribunal?

Established in 2010 through the National Green Tribunal Act, the NGT is a one-of-a-kind court that deals exclusively with cases related to environmental protection. In fact, India is only the third country in the world and the first developing nation to set up such a specialised environmental tribunal, after Australia and New Zealand.

But what does NGT do? 

Think of it as a green warrior fighting for Mother Nature! Its main role is to quickly and effectively settle legal cases involving environmental violations, damage to forests or natural habitats, pollution, and other issues that harm our precious environment.

The NGT comprises a team of knowledgeable experts, including judges and professionals with specialised understanding of environmental matters. This unique combination ensures that cases are handled by individuals who truly comprehend the complexities involved in environmental issues.

One of the key powers of the NGT is to provide relief and compensation to those affected by environmental damage, such as pollution causing health issues or destruction of property. It can also order violators to pay penalties, take corrective actions, or even stop harmful activities altogether.

Importantly, the NGT is mandated to dispose of cases within six months of filing, ensuring speedy justice for environmental matters that cannot be delayed.

Currently, the NGT has five different locations across India – its principal bench is in New Delhi, with additional benches in Bhopal, Pune, Kolkata, and Chennai. This allows the tribunal to be accessible and cater to environmental concerns across various regions of the country.



Structure of National Green Tribunal 

At the helm of the NGT is the Chairperson, a respected figure appointed by the Central Government in consultation with the Chief Justice of India. The Chairperson plays a crucial role in guiding the tribunal’s operations and decision-making processes.

Supporting the Chairperson are two distinct groups of members: the Judicial Members and the Expert Members. These individuals bring a wealth of knowledge and expertise to the table, ensuring that environmental cases are handled with utmost care and professionalism.

The Judicial Members are typically former judges or legal professionals with a deep understanding of environmental laws and regulations. Their role is to provide legal oversight and ensure that the tribunal’s proceedings adhere to the principles of justice and fairness.

On the other hand, the Expert Members are specialists in various fields related to the environment, such as environmental science, engineering, biology, or forestry. Their technical knowledge and practical experience are invaluable in comprehending the complexities of environmental issues and finding appropriate solutions.

To maintain a balanced perspective, the NGT is required to have at least 10 but no more than 20 full-time Judicial Members and Expert Members combined. This ensures a diverse range of expertise and perspectives, enabling the tribunal to tackle a wide array of environmental challenges effectively.

Interestingly, the Chairperson, Judicial Members, and Expert Members of the NGT are appointed for a fixed term of five years and are not eligible for reappointment. This measure aims to maintain the tribunal’s independence and objectivity, preventing any potential conflicts of interest or undue influence.

While the Chairperson is appointed directly by the Central Government in consultation with the Chief Justice of India, the Judicial Members and Expert Members undergo a rigorous selection process overseen by a dedicated Selection Committee constituted by the Central Government.

 

Powers, Functions and Jurisdiction of National Green Tribunal

The NGT has jurisdiction over all civil cases involving substantial environmental issues. This means that if any legal matter arises concerning the enforcement of environmental laws or the protection of our natural heritage, the NGT is the authority to turn to. In fact, the Supreme Court has declared the NGT as a unique forum with the power to take up environmental cases on its own initiative (suo motu) across the country.

But the NGT’s role goes beyond merely adjudicating disputes. It also plays a vital preventive, ameliorative, and remedial role in environmental matters. This means that the tribunal can take proactive measures to prevent environmental damage, mitigate existing harm, and restore any areas or resources that have been impacted.

One of the NGT’s most powerful functions is its ability to provide relief and compensation to victims of pollution or environmental damage, including accidents involving hazardous substances. It can order the restitution of damaged property and even direct the restoration of affected areas, ensuring that those responsible for environmental harm bear the costs of their actions.

In carrying out its duties, the NGT is guided by the principles of sustainable development, the precautionary principle, and the polluter pays principle. These fundamental principles ensure that environmental decisions are made with a long-term perspective, taking into account the needs of present and future generations, and holding those responsible for pollution accountable for the damage they cause.

The NGT’s jurisdiction covers a wide range of environmental laws, including: 

  1. The Water (Prevention and Control of Pollution) Act, 1974,
  2. The Water (Prevention and Control of Pollution) Cess Act, 1977,
  3. The Forest (Conservation) Act, 1980,
  4. The Air (Prevention and Control of Pollution) Act, 1981,
  5. The Environment (Protection) Act, 1986,
  6. The Public Liability Insurance Act, 1991 and
  7. The Biological Diversity Act, 2002.

Importantly, the NGT has the power to enforce its orders and decisions, just like a civil court. Non-compliance with its orders can cause penalties, including imprisonment for up to three years, fines of up to ten crore rupees, or both. This enforcement power ensures that the NGT’s rulings are taken seriously and that environmental violators are held accountable for their actions.

While the NGT’s decisions are legally binding, there is also scope for appeal. Any party aggrieved by an order, decision, or award of the NGT can file an appeal with the Supreme Court, generally within 90 days of the communication of the tribunal’s decision.

Penalties And Offences under National Green Tribunal act

The Act outlines specific offences to ensure compliance with the Tribunal’s orders and decisions.

Offences by Companies (Section 27)

  1. If an offence under the Act has been committed by a company, every person who was directly in charge of and responsible for the company’s business at the time of the offence shall be deemed guilty, unless they can prove their lack of knowledge or due diligence to prevent the offence.
  2. If it is proven that the offence was committed with the consent, connivance, or negligence of any director, manager, secretary, or other officer of the company, they shall also be held liable and punished accordingly.

Offences by Government Departments (Section 28)

  1. If a government department fails to follow an NGT order, the head of the department shall be deemed guilty of the offence, unless they can prove their lack of knowledge or due diligence to prevent the offence.
  2. If it is proven that the offence was committed with the consent, connivance, or negligence of any officer other than the head of the department, that officer shall also be held liable and punished accordingly.

Penalties for Offences

The Act also outlines specific penalties for non-compliance with the NGT’s orders and decisions.

Penalties for Non-Compliance (Section 26)

  1. Failure to comply with any order, award, or decision of the NGT can lead to imprisonment for up to three years or a fine of up to ₹10 crore (100 million rupees), or both. In case the non-compliance continues, an additional fine of up to ₹25,000 per day may be imposed after conviction.
  2. If a company fails to comply with an NGT order, it can be fined up to ₹25 crore (250 million rupees). In case of continued non-compliance, an additional fine of up to ₹1 lakh (100,000 rupees) per day may be imposed after conviction.

Cognizance of Offences (Section 30)

  1. No court shall take cognizance of any offence under the Act except on a complaint made by the Central Government or any authorised authority or officer, or by a person who has given at least 60 days’ notice of the alleged offence and their intention to file a complaint.
  2. Only a court of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try offences punishable under the Act.

Conclusion

In conclusion, the National Green Tribunal Act, 2010 establishes a much-needed specialised judicial body to effectively and expeditiously resolve complex environmental legal disputes across India. With its unique composition of judicial and expert members, the National Green Tribunal is empowered to apply principles of sustainable development and polluter pays while providing relief and compensation for environmental damages. This dedicated fast-track green court aims to reduce the burden on higher judiciary and deliver speedy environmental justice on issues of national importance.

 

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This article is just for Educational and Informational Purposes

 

References

  1. https://www.drishtiias.com/printpdf/national-green-tribunal-ngt
  2. https://lddashboard.legislative.gov.in/actsofparliamentfromtheyear/national-green-tribunal-act-2010




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