The National Green Tribunal Act: An Overview

Because of unwarranted human activities, the environment is badly affected and ultimately becomes a threat not only for plants, animals, and other small and large organisms, but also for human beings. So, for the conservation of the environment and restoration of the lost biodiversity, parliament has legislated the National Green Tribunal Act.

What does the National Green Tribunal Act Define?

The 186th report of the Law Commission of India recommended the constitution of special environmental tribunal to deal with issues related to environmental protection, conservation, and speedy disposal of related disputes.

Following that, the government introduced in Parliament the National Green Tribunal Bill, 2009. The bill provided for the establishment of a Green Tribunal and would replace the then-existing National Environment Tribunal and National Environment Appellate Authority. The bill was passed in 2010, and the President has given assent on June 2nd, 2010. As a result of this, the Act is implemented on October 18th, 2010.

Link with the Constitution

The Act stems from the Article 21 of the Constitution of India, which has the right to a healthy environment (implicit under it). It is also in consonance with the Directive Principles of State Policy contained in Article 48A.

The Scope of work

The NGT deals with civil cases relating to the following topics/Acts mentioned in Schedule I −

• The Water (Prevention and Control of Pollution) Act, 1974

• The Water (Prevention and Control of Pollution) Cess Act, 1977

• The Forest (Conservation) Act, 1980

• The Air (Prevention and Control of Pollution) Act, 1981

• The Environment (Protection) Act, 1986

• The Public Liability Insurance Act, 1991

• The Biological Diversity Act, 2002

Composition

As per Section 4 of the Act, the NGT shall consist of −

• A Chairperson

• The Central Government must notify at least ten and no more than twenty judicial members.

• The Central Government must notify at least ten and no more than twenty expert members.

A person is not qualified to become a judicial member or chairperson of NGT unless he is or has been a judge of the Supreme Court or High Court.

Appointment of Members

The Chairperson, judicial members, and expert members of the NGT are appointed by the Central Government. The Chairperson shall be appointed by the Central Government in consultation with the Chief Justice of India. Also, the judicial members and expert members of the NGT are appointed on the recommendations of a selection committee.

Term of Office 

The Chairperson and all members of the Tribunal serve for a maximum of five years and are not eligible for reappointment. Section 10 empowers the Central Government to remove and suspend the members.

Original Jurisdiction

The Tribunal has original jurisdiction over all civil cases which involve a substantial question of law relating to the environment. Section 14 also provides a limitation period of 6 months from the date when the cause of action arose for filing an application before the NGT. This period is further extendable by sixty days on proving sufficient cause for not filing the application within the said period.

Relief, Compensation, and Restitution

Section 15 empowers the Tribunal to pass orders to provide compensation to victims of pollution and environmental damage, restitution of property damaged, and to protect the environment. Any application for relief, etc., before the Tribunal shall be filed within five years from the date when the cause of action arose, which again is extendable by sixty days on showing sufficient cause. Compensation is paid for under the categories provided in Schedule II.

Appellate Jurisdiction

A person aggrieved by an order or decision made under any of the legislation mentioned under Schedule I may prefer an appeal before the Tribunal within thirty days from the date of the decision. This period can be extended by a maximum of 60 days if there is a sufficient reason.

Any person aggrieved by any decision or order of the NGT may file an appeal to the Supreme Court within ninety days of the communication of such decision or order.

Power and Procedure

For the purpose of discharge of its functions under the Act, the Tribunal has the same powers as a civil court.

• Summoning and enforcing the attendance of any person and examining him on oath

• Requiring the discovery and production of documents

• Receiving evidence on affidavits

• Obtaining a copy of any public record or document from any office

• Issuing Commissions for the Examination of Witnesses or Documents

• Reviewing its decisions

• Passing interim orders

• Dismissing applications or deciding them ex-parte

• Setting aside the order of dismissal

The Principles to be Followed

The Tribunal is not bound by the Civil Procedure Code's procedure but rather by the principles of natural justice, sustainable development, precautionary principle, and polluter-pay principles when making any award, order, or decision.

Penalties

The NGT has been empowered under the Act to impose a penalty for non-compliance. It can provide imprisonment for a term of three years and a fine which may extend to ten crore rupees.

Bar of Jurisdiction

No civil court has jurisdiction to entertain any appeal in respect of any matter which the NGT has been empowered to determine under its appellate jurisdiction.

Conclusion

The National Green Tribunal Act is an Act legislated with the purpose of establishing a National Green Tribunal (NGT). The primary function of NGT is to dispose the cases related to environmental protection and conservation of forests and other such natural resources. Furthermore, the Act also makes sure the enforcement of any legal right related to the protection and conservation of the environment and also provides relief and compensation to the person or persons who suffered such damage or imposes a fine on the defendant.

Frequently Asked Questions

Q1. What is the National Green Tribunal and why it is established?

Ans:National Green Tribunal is a specialized judicial body established under the provision of National Green Tribunal Act, 2010 with sole purpose adjudicating environmental cases.

Q2. Is National Green Tribunal a constitutional body?

Ans: No. National Green Tribunal is a statutory judicial body established under the NGT Act of 2010.

Q3. Who may file cases to the Tribunal and what sort of cases are heard?

Ans: Any person found any such activity that is potential big enough to damage the environment, can file the case. Since, such (environmental) damage is public concern; therefore, it does not matter that whether the complainant directly affected with the concern or not.

The tribunal hears all the cases related to the environment (especially those cases mentioned in the Schedule of the NGT Act).

Q4. Do one needs to hire an advocate to approach the Tribunal?

Ans: No, hiring an advocate for such cases is not necessary. Aggrieved parties may approach the Tribunal in person and can file the complaint/case.

Q5. Are decisions of the Tribunal binding?

Ans: Yes, decisions of the Tribunal are binding. Since, the powers vested in the Tribunal, are the same as in a civil court under the Code of Civil Procedure, 1908; therefore, the Tribunal’s orders and decisions are enforceable and binding upon the parties.