On this page you will read detailed information about National Green Tribunal Act 2010.
As you enter the complex labyrinth of environmental law in India, your gaze inevitably falls upon the pivotal National Green Tribunal Act of 2010. This transformative legislation established the National Green Tribunal, a specialized judicial body empowered to swiftly and effectively adjudicate environmental disputes. In this article, you will closely analyze the purpose and scope of this act. We will explore the context of its origins, study its unique features, and assess its efficacy in furthering environmental justice. This foundational act merits close examination to appreciate the architecture of environmental adjudication in India. Through a comprehensive analysis of its critical provisions, we will elucidate the aim and sweep of this essential instrument of ecological justice.
Overview of the National Green Tribunal Act 2010
The National Green Tribunal Act of 2010 established the National Green Tribunal (NGT) to handle environmental disputes and address issues relating to environmental protection and conservation of forests and natural resources. The NGT has jurisdiction over all civil cases relating to environmental issues and questions that arise from the implementation of laws listed in Schedule I of the NGT Act. These laws include the Water Act, Air Act, Environment Protection Act, and Biological Diversity Act.
Purpose and Scope
The purpose of the NGT is to provide effective and speedy disposal of cases relating to environmental protection and conservation of forests and other natural resources. It has the power to grant relief and compensation for damages to people and property. The NGT has jurisdiction over all civil cases relating to environmental issues where a substantial question relating to environment is involved. It can inquire into allegations of non-compliance of environmental laws against any company or government agency and issue directions to remedy and restore the damage caused.
Composition and Powers
The NGT comprises of judicial members and expert members. The judicial members include retired Supreme Court and High Court judges while the expert members are environmental experts in fields like pollution control, hazardous substance management, and environmental policy. The NGT has the same powers as a civil court and can summon and enforce the attendance of any person, examine him on oath, and require the discovery of documents. It can grant interim relief, impose costs, appoint committees of experts to report on environmental issues, and direct the closure of any industry or activity.
The NGT plays an important role in expediting the resolution of environmental cases in India. By providing an exclusive judicial forum for handling environmental disputes, it has taken the burden off the conventional court system. The expert and judicial members, along with its wide jurisdiction and authority, make the NGT well-equipped to decide on complex environmental issues in a time-bound manner. Overall, the NGT aims to strike a balance between economic progress and environmental sustainability in the country.
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Purpose and Objectives Behind the Act
The National Green Tribunal Act 2010 was enacted to establish a specialised environmental court in India to handle the expeditious disposal of the cases pertaining to environmental issues. The Act aims to provide a specialized forum for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
Providing Specialized Environment Courts
The Act establishes the National Green Tribunal (NGT) and the State Green Tribunals. The NGT has been established to handle environmental disputes involving substantial questions relating to the environment. It provides a specialized forum for the expeditious disposal of environmental cases. The Tribunal is mandated to dispose of applications and petitions within 6 months of filing.
Relieving Conventional Courts
The establishment of the NGT aims to relieve the conventional courts from dealing with environmental matters. The conventional courts have a huge backlog of pending cases and are unable to dispose of the environmental cases expeditiously. The NGT, with its specialized expertise, is better equipped to handle environmental cases.
Enforcing Environmental Laws
The NGT has been given the power to enforce environmental laws for the protection of environment and awarding compensation for damages to persons and property. It can issue directions and impose penalties on those violating environmental norms. This helps in strict enforcement of environmental laws in India.
Promoting Sustainable Development
The objective of the NGT is not only to punish violators but also to promote sustainable development. It aims to achieve a balance between economic development and environmental protection. The NGT takes decisions based on the principles of sustainable development, precautionary principle and polluter pays principle.
In summary, the National Green Tribunal Act aims to provide a specialized environmental court, relieve the burden of conventional courts, enforce environmental laws strictly and promote the objectives of sustainable development in India. The establishment of the NGT is a step forward in tackling the issues of environment protection and conservation of natural resources in the country.
Key Provisions and Scope of the National Green Tribunal
The National Green Tribunal Act of 2010 established the National Green Tribunal (NGT) to deal with environmental disputes in a speedy and effective manner. The NGT has the authority to hear cases relating to environmental issues and questions regarding the implementation of laws listed in Schedule I of the NGT Act.
Adjudication of Disputes
The NGT has the power to adjudicate disputes relating to environmental issues and questions regarding the enforcement of any legal right relating to the environment. It can hear applications and appeals in relation to the Water Act, Air Act, Environment Protection Act, Forest Conservation Act, Wildlife Protection Act, and the Public Liability Insurance Act.
Determination of Compensation
The NGT has the authority to determine the quantum of compensation and damages in the event of death or disability due to an accident resulting from environmental pollution. It can also determine the liability and assess the damages to be recovered from the polluters in cases of damage to the environment, property, and public health.
Restitution of Property
The NGT has the power to order restitution of property damaged due to environmental pollution, as well as restitution of the environment at the cost of the defaulting parties. It can direct the polluter to pay the cost of reversing the damaged environment.
Issuance of Directions
The NGT has the authority to issue directions for the closure of any industry or the stoppage of any process or operation in case of environmental pollution. It can direct agencies and authorities to take action against pollution and enforce environmental laws. The NGT also has the power to regulate its own procedures.
In summary, the National Green Tribunal Act established a specialized environmental court to handle the expeditious disposal of environmental cases. The NGT has a wide range of powers relating to the adjudication of environmental disputes, assessment of damages, and issuance of directions to curb pollution and protect the environment.
Powers of the National Green Tribunal
Adjudication of Cases
The National Green Tribunal has been vested with the power to adjudicate on cases related to environmental protection and conservation of forests and other natural resources. It has the authority to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the National Green Tribunal Act, 2010. This includes the power to adjudicate on matters related to pollution, conservation of forests and other natural resources, environmental protection and enforcement of environmental laws in the country.
Resolution of Environmental Disputes
The Tribunal is also empowered to resolve disputes arising out of the implementation of the enactments specified in Schedule I of the Act. It has original jurisdiction over all civil cases where a dispute involves a question related to environment. The Tribunal is mandated to apply the principles of sustainable development, the precautionary principle and the polluter pays principle while adjudicating environmental cases.
Granting Relief and Compensation
The Tribunal has the power to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in Schedule I of the Act. This includes the power to grant relief and compensation for damages to persons, property and the environment. The relief and compensation are aimed at restituting the environment and addressing the loss/damage caused to individuals or property due to environmental violations.
To summarize, the National Green Tribunal has been given wide powers to ensure expeditious and effective disposal of cases relating to environmental protection and conservation of forests and other natural resources. It has the authority to adjudicate on environmental disputes, grant relief and compensation for damages and protect the rights of citizens to live in a clean, healthy environment. By exercising its powers and functions in a judicious manner, the Tribunal aims to promote sustainable development in the country.
Jurisdiction of the National Green Tribunal
The National Green Tribunal (NGT) has been established under the National Green Tribunal Act 2010 for effective and expeditious disposal of civil cases relating to environmental protection and conservation of forests and other natural resources. The NGT has the power to hear all civil cases relating to environmental issues and questions that arise out of the implementation of the laws listed in Schedule I of the NGT Act.
Territorial Jurisdiction
The NGT has jurisdiction over all civil cases where a substantial question relating to environment arises. It can entertain any case by or against the Government of India, or any state government or local authority within the territory of India. The tribunal is empowered to hear cases from any part of the country.
Pecuniary Jurisdiction
The NGT has jurisdiction on all civil cases relating to environmental issues where the damage claimed is above INR 25 crores. There is no upper limit on the compensation that can be claimed before the NGT. However, the tribunal cannot entertain cases where the value of damage claimed is less than INR 25 crores. In such cases, the matter has to be filed before the respective State Pollution Control Boards.
Subject Matter Jurisdiction
The NGT can hear cases relating to the enforcement of legal rights relating to environment and giving relief and compensation for damages to persons and property. It can also hear cases on matters relating to environmental protection, conservation of forests and other natural resources.
The NGT has the power to hear all civil cases relating to environmental issues arising out of the following laws: The Water Act, The Air Act, The Environment Protection Act, The Forest Conservation Act, The Wildlife Protection Act, The Biodiversity Act, and other laws listed in Schedule I of the NGT Act.
To conclude, the NGT has a very wide jurisdiction over environmental issues in the country. It has the power to pass orders directing the violators to pay compensation and also direct steps to be taken to remedy and restore the environment. The establishment of NGT is a step forward in the protection of environment and related issues in India.
Composition and Appointments of the NGT
The National Green Tribunal Act established the NGT to handle environmental disputes and enforce environmental laws. The NGT consists of judicial and expert members appointed by the Central Government.
The judicial members of the NGT must be judges of the Supreme Court or Chief Justices of High Courts. They are nominated by the Chief Justice of India in consultation with the Central Government. The expert members should have a professional background in environmental policy, environmental science, or technology. They are appointed by the Central Government on the recommendation of a Selection Committee.
The NGT has a Principal Bench in New Delhi and may have other benches across India. A bench typically consists of one judicial member and one or more expert members. The Principal Bench has a minimum of five members while other benches have at least two members. The members of the NGT have security of tenure, similar to High Court judges.
The key purpose of the expert members is to provide specialized knowledge and expertise to the NGT. They ensure environmental cases are assessed from both legal and technical perspectives. The expert members have the same power as judicial members in hearing and deciding cases. However, the judicial members have additional administrative control over the NGT.
The NGT members can serve up to 5 years from the date of appointment. They may be reappointed for one more term. The members can resign at any time by giving notice to the Central Government. The Government may remove members in case of misbehavior or incapacity after conducting an inquiry. The salaries, allowances, and other terms of service of the members are determined by the Central Government.
In summary, the NGT has an appropriate mix of judicial and expert members to address the specialized nature of environmental cases. The members are nominated and appointed through a robust selection process to ensure the NGT has the right set of knowledge, skills, and experience to fulfill its purpose. The conditions of service of members also provide them adequate independence and security to function effectively.
Critical Analysis of the Act’s Effectiveness
The National Green Tribunal Act, 2010 established the National Green Tribunal (NGT) to handle environmental disputes and determine relief and compensation for damages to the environment. The Act aims to provide effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
While the NGT has adjudicated on several environmental cases since its inception, there are concerns about its effectiveness in fulfilling the objectives of the Act. The NGT faces significant backlogs of pending cases due to shortage of judicial members and support staff. As of 2019, over 15,000 cases were pending before the NGT. The delay in disposal of cases defeats the purpose of providing swift environmental justice.
The NGT also lacks powers to implement its own orders and directions, relying on state pollution control boards and environmental departments for enforcement. However, these agencies often have limited capacity and resources to monitor compliance and take punitive action against violators. The NGT needs stronger enforcement mechanisms and powers to take suo moto action against environmental offenders to strengthen its authority.
The NGT has been criticized for lack of technical expertise of judicial members on complex environmental issues. The selection of members is made from existing judges, judicial officers and advocates, who may lack specialized knowledge in environmental law and sciences. There is a case for recruiting members with environmental expertise and experience to enable well-informed judgement of issues.
While the NGT has made some positive impact through its orders and judgements, much more needs to be done to address institutional and procedural challenges constraining its effectiveness. Amendments to the NGT Act to expand its scope and powers, increase technical capacity, and establish a permanent mechanism to monitor compliance of its directions can help strengthen the NGT to fulfill its mandate. Overall, the NGT holds promise as an environmental court, but continued governmental support and legislative reforms are required for it to emerge as a formidable force for environmental protection in India.
Recent Judgements by the National Green Tribunal
The National Green Tribunal (NGT) was established in 2010 to effectively and expeditiously dispose of cases relating to environmental protection and conservation of forests and other natural resources. The NGT has passed several important judgments upholding the right to clean environment and providing relief and compensation to victims of environmental damage.
Some of the notable judgments by NGT include:
Sterlite Copper Smelter Case
In 2013, the NGT imposed a penalty of ₹100 crore on Sterlite Industries for pollution caused by their copper smelter in Tuticorin, Tamil Nadu. The NGT directed Sterlite to spend the amount on restoring the environment and improving health infrastructure in the area. The tribunal also formed an expert committee to assess the damage caused to agricultural land and groundwater.
Ganga Cleanup Case
In 2017, the NGT took suo moto cognizance of pollution in River Ganga and issued a slew of directions to central and state governments to clean the river. The tribunal formed a committee to supervise the execution of its directions and imposed hefty penalties on states for non-compliance. The NGT also banned industrial and mining activities along the river and restricted anthropogenic activities like bathing, washing of clothes etc. in ecologically sensitive areas.
Vehicular Pollution Case
In 2015, the NGT banned 10-year-old diesel vehicles from plying in Delhi in order to control air pollution in the national capital. The tribunal directed the Delhi government to deregister all diesel vehicles older than 10 years. The NGT also imposed an Environment Compensation Charge (ECC) on commercial vehicles entering Delhi to curb pollution caused by vehicular emissions. The order was upheld by the Supreme Court, which led to improved air quality in Delhi.
The judgments by NGT highlight its proactive role in protecting the environment and public health. By taking suo moto cognizance of environmental issues, forming expert committees and passing strict orders, the NGT has emerged as an effective mechanism to ensure sustainable development in India.
FAQs on the National Green Tribunal Act
The National Green Tribunal Act of 2010 established the National Green Tribunal (NGT), a specialized judicial body for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. If you have questions about the scope and purpose of the NGT, here are some common FAQs:
The NGT has the authority to hear cases relating to environmental protection, including pollution, conservation of forests and natural resources, biodiversity, and wildlife. It can review government decisions and determine liability for damages from environmental pollution. The NGT has jurisdiction over all civil cases involving substantial questions relating to the environment.
Any person or group of persons, public or private, affected or likely to be affected by any activity that concerns the protection of the environment can file an application or appeal in the NGT. The tribunal can also take up cases on its own initiative.
The NGT has the power to grant relief through compensation and damages, in addition to injunctive relief. It can impose penalties on polluters and direct the closure of any industry or activity. The NGT also has the power to review regulations, decisions, and actions of any authority under various environmental laws. Its rulings on questions of law are appealable to the Supreme Court.
The NGT comprises a full-time chairperson, judicial members, and expert members. Cases are usually heard by a bench of at least two members – one judicial member and one expert member. The NGT is not bound by strict rules of evidence and follows the principles of natural justice. It conducts proceedings in an open and transparent manner. The NGT aims to dispose of applications and appeals within 6 months of filing.
The NGT plays an important role in promoting sustainable development by ensuring that the delicate balance between economic progress and environmental protection is maintained. By providing a specialized forum for the effective enforcement of environmental laws, the NGT seeks to protect the right to a clean environment for everyone.
Conclusion
As we have seen, the National Green Tribunal Act of 2010 established a dedicated environmental court system in India to provide speedy resolution of environmental disputes. This tribunal has jurisdiction over a broad range of environmental cases and can provide effective remedies to address violations of environmental laws. Through its judgments, the NGT has promoted sustainable development and helped safeguard the right to a clean environment for present and future generations. While the NGT has faced some criticism regarding delays and enforcement of its verdicts, it has largely been successful in furthering its mandate. With continued efforts to strengthen its functioning, the National Green Tribunal can serve as an important model for environmental adjudication both in India and around the world. By upholding environmental rule of law, the NGT upholds justice.
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