NATIONAL GREEN TRIBUNAL (NGT)
·
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.
·
National
Green Tribunal is India’s first dedicated environmental court with a wide
jurisdiction to deal with not only violations of environmental laws, but also
to provide for compensation, relief and restoration of the ecology in
accordance with the ‘Polluter Pays’ principle and powers to enforce the
‘precautionary principle’.
·
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.
Need of NGT Tribunal or the
Environmental Court is not a new concept.
·
Different
courts in the country have recommended the establishment of Environmental Court
to take up the cases related to environmental degradation.
·
In M.C Mehta vs. Union of India case in 1986,
Supreme Court observed that environmental cases involve assessment of
scientific data.
·
Setting up of environmental courts on regional
basis would require professional judge and experts, keeping in view the
expertise required for such adjudication. In an another judgement ‘Indian
Council for Enviro-Legal Action vs. Union of India, 1996 the Supreme Court
observed that Environmental Courts having civil and criminal jurisdiction must
be established to deal with the environmental issues in a speedy manner.
·
Supreme Court of India in A.P. Pollution
Control Board vs. M.V. Nayudu: 1999 referred to the need for establishing
Environmental Courts which would have the benefit of expert advice from
environmental scientists/technically qualified persons, as a part of the
judicial process, after an elaborate discussion of the views of jurists of various countries.
·
The
186th Report of Law Commission of India
on the Proposal to Constitute Environmental Courts in September 2003, stated,
that the "National Environmental Appellate Authority constituted under the
National Environmental Appellate Authority Act, 1997, for the limited purpose
of providing a forum to review the administrative decisions on Environment
Impact Assessment, had very little work.
·
It
appears that since the year 2000, no judicial member has been appointed. So far
as the National Environmental Tribunal Act 1995, is concerned, the legislation
is yet to be notified after eight years
of enactment. Since it was enacted by Parliament, the tribunal under the Act is
yet to be constituted.
·
Thus, these two tribunals are non-functional
and exist only on paper". In its recommendation, the Commission proposed
for setting up of environmental courts with judicial members and technical
experts. Key points - 186th report of Law Commission of India .
·
Commission recommended establishment of ‘Environment
Court’ in each State, consisting of Judicial and Scientific experts in the
field of environment for dealing with environmental disputes besides having
appellate jurisdiction in respect of appeals under the various Pollution
Control Laws.
·
The Commission has also recommended repeal of
the National Environment Tribunal Act, 1995 and the National Environment
Appellate Authority Act, 1997.
·
To achieve the objective of Article 21, 47 and
51A (g) of the Constitution of India by means of fair, fast and satisfactory judicial
procedure.
·
‘Environment Courts’ should be constituted in
each state, and also stated that as under Article 253 read with Entry 13 list I
of VII that the parliament have exclusive jurisdiction to enact law for the
purpose of establishment.
·
Emphasis on Stockholm declaration and the
conference at Rio de Janeiro of 1992.
·
No powers of Judicial review as under Article
226, but there can be provision for appeal to the Supreme Court.
·
These Courts must be established to reduce the
pressure and burden on the High Courts and Supreme Court. These Courts will be
Courts of fact and law, exercising all powers of a civil court in its original
jurisdiction.
·
They
will also have appellate judicial powers against orders passed by the concerned
authorities under the Water (Prevention and Control of Pollution) Act, 1974;
Air (Prevention and Control of Pollution) Act, 1981 and The Environment
(Protection) Act, 1986 with an enabling provision that the Central Government
may notify these Courts as appellate courts under other environment related
Acts as well.
·
The environmental court shall consist of a
chairperson and at least two other members. Each environmental court shall be
at least three scientific or technical experts known as commissioners.
·
The Court shall not be bound to follow Civil
Procedure Code and the rules of Evidence under the Indian Evidence Act, 1872.
·
The
Court should follow the principles of natural justice, and should apply the
principles/doctrine of strict liability (rylands v. fletcher/Bhopal gas
tragedy), polluter pays, doctrine of public trust, etc.
·
The
LOCUS STANDI before the court shall be as wide as it is before the High
court/Supreme court. That means that any member for the cause of many can stand
before the court of law.
·
The
powers of High Court under Article 226 and Supreme Court under 32 shall not be
ousted.
·
Thus,
a very specific and realistic approach was drawn in the 186th report of the Law
commission of India with respect to the formulation of Environment courts After
years of deliberation, the National Green Tribunal Bill was introduced in the
Indian Parliament on July 29, 2009.
·
The bill provided for the establishment of a
Green Tribunal, which offered effective and fast redressal of cases related to
environmental protection and conservation of natural resources and forests.
“National Green Tribunal Act was a path breaking legislation which was unique
in many ways.
·
It
provided a new dimension to environment adjudication by curtailing delays and
imparting objectivity.
·
The
Tribunal, given its composition and jurisdiction, including wide powers to
settle environment dispute and providing relief, compensation including
restitution of environment, is envisaged to be a specialized environmental adjudicatory body having both
original as well as appellate jurisdiction,”
National Green Tribunal Benches: The National Green Tribunal started
functioning since 4th July, 2011.
·
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 are the other 4 place of sitting of the Tribunal. Regional
benches of NGT are as Follows:
The
appointment of the Chairperson and the
Members
♦
The Chairperson, Judicial Members and Expert Members of the Tribunal shall be
appointed by the Central Government for a term of 5 years.
♦ The Chairperson shall be appointed by the
Central Government in consultation with the Chief Justice of India.
♦ The Judicial Members and Expert Members of
the Tribunal shall be appointed on the recommendations of the Selection
Committee, in the manner as prescribed in the Rules, notified by MoEF.
·
Even
existing or retired judge of High Court is qualified to be appointed as a
Judicial Member.
·
A person is qualified to be an expert member
if he has Master of Science with a Doctorate degree or Master of Engineering or
Master of Technology and has an experience of fifteen years in the relevant
field including five years practical experiences in the field of environment
and forests in a reputed National level institutions. Anyone who has
administrative experience of fifteen years including experience of five years
in dealing with environment matters in the Central Government or a State
Government or in National or State level institution is also eligible to be an
expert member.
·
Another important provision included in the
law is that the chairperson, if find necessary, may invite any person or more
person having specialized knowledge and experience in a particular case before
the tribunal to assist the same in that case.
·
To
avoid conflict of interest, it is included explicitly in the Act that the
chairperson, judicial members and expert members of the tribunal shall not hold
any other office during their tenure.
JURISDICTION
1. As per Section 14 (1) of the NGT
Act, the Tribunal shall have the jurisdiction over all civil cases where a
substantial question relating to environment (including enforcement of any
legal right relating to environment), is involved and such question arises out
of the implementation of the enactments specified in Schedule.
2. The Tribunal shall hear the
disputes arising from the questions referred to in sub- section (I) and settle
such disputes and pass order thereon.
3. Appellate jurisdiction under
section 16 of the Act. As per Section 15 (1) of the Act, the Tribunal may, by
an order, provide,-
(a) relief and compensation to
the victims of pollution and other environmental damage arising under the
enactments specified in the Schedule 1 (including accident occurring while
handling any hazardous substance);
(b) for restitution of property
damaged;
(c) for restitution of the
environment for such area or areas, as the Tribunal may think fit.
Principle
to follow As
per Section 20 of the Act, the Tribunal shall, while passing any order or
decision or award, apply the principles of sustainable development, the
precautionary principle and the polluter pays principle.
Who can apply or appeal to
tribunal?
♦ Any
person, who has sustained the injury; or
♦ The owner of the property to which the
damage has been caused; or
♦ Where
death has resulted due to environmental problems, then their legal
representative of the deceased,
♦ Any
agent, or legal representative authorized by such person or the owner of the
property,
♦ Any
aggrieved person, organization/institution, representative body,
♦ State
government, union government, state pollution boards, environmental
authorities, etc. Here it is pertinent to note that, any aggrieved person,
organization/institution or representative body clause upholds the concept of
locus standi.
♦ The
person should apply before the court within the period of 6 months from the
date of cause of action rises, i.e. the limitation period. But if the court is
satisfied that due to some sufficient cause the applicant was not allowed then
the court may allow to file application within 60 days.
♦ There has been a provision under
section 16 to appeal before the Supreme Court if the person is not satisfied
with the judgement of the tribunal within 6 months.
Appellate jurisdiction
♦ Section
16 of the Act grants broad standing for appeals. The section provides
opportunity for any “aggrieved person” to “prefer an appeal” to the tribunal
from orders, decisions, directives or determinations entered by agencies
administering ten different laws or regulations with a period of thirty days
from the date on which the order or decision or direction or determination is
communicated to him.
♦ In
case the Tribunal feels the person was prevented from approaching the court,
thirty days period can be extended to sixty days.
Notable
Orders
- The
National Green Tribunal recently banned all diesel vehicles over
ten years old from plying in Delhi and the National Capital
Region and also cracked the whip on rampant construction activity
adding dust to the air. The Tribunal has directed Delhi
government to ensure vehicles are checked for weight, age and pollution
levels at all entry points of Delhi and overloaded and polluting vehicles
are prevented from entering the city limits. The NGT also expressed its
disquiet on how rampant unchecked construction in Delhi and NCR was adding
dust to the air which when combines with particulate matter turns into a
lethal mix. It has directed State of Uttar Pradesh and Haryana, Noida and
Greater Noida authority, Haryana Urban development Authority and the Delhi
government to immediately stop construction activity like on the two-km
stretch from NH-24 to Char Murti Chowk which are emanating dust.
- The
National Green Tribunal in 2014 has cancelled the clearance given by the
environment minister to Parsa East and Kante-Basan captive coal blocks in
Hasdeo Arand forests of Chhattisgarh, overruling the statutory Forest
Advisory Committee.
- In
a landmark order passed on April 17 2015, the tribunal issued an interim
ban on rat-hole coal mining and transportation of the mineral in the
Meghalaya. The order came as a bolt from the blue but it was one of the
events, which wobbled Meghalaya to the core.
- Yamuna
conservation zone :The NGT said that the health of Yamuna will be affected
by the proposed recreational facilities on the river. The NGT also
recommended the Government to declare a 52 km stretch of the Yamuna in
Delhi and Uttar Pradesh as a conservation zone
- The
Bhopal bench of the National Green Tribunal in a judgement recently in
Original Application No. 16/2013 (CZ) observed ‘mining is required to be
taken up only if it is compatible with the objective of protecting
the environment’ It has directed constitution of a high level
committee so that ‘Necessary penal action shall be
initiated against those ML (Mining Lease)
holders who were found violating the
provisions of Water (Prevention &
Control of Pollution) Act, 1974 and
Air (Prevention & Control of Pollution)
Act, 1981 as well as the ML conditions and Forest Act’, and examine
whether the mines require ‘cumulative
Environment Impact Assessment (EIA) study
and then only granting EC under
cluster approach as envisaged in EIA
Notification, 2006’.
- National
Green Tribunal on 25 September 2014 directed MoEF to expeditiously define
‘the eco-sensitive areas in the Western Ghats region and take it to its
logical end by issuing final notification’ in the Goa Foundation &
others vs Union of India & others.It said, ‘It is for the Ministry to
take all the initiatives in relation to defining the eco-sensitive areas
in the Western Ghats region and take it to its logical end by issuing
final notification. The only pious hope that we express in the order is
that the Ministry should act with utmost expeditiousness and ensure that
the interests of the States, individuals, and all concerned stakeholders
are not jeopardised any longer. The MoEF itself has stated in paragraph-I
of its affidavit that directions under section 5 of the Act of 1986 have
been issued on 13.11.2013 for providing immediate protection to the
Western Ghats to maintain its environmental integrity, which is in force.
It will be in the interest of all the stakeholders, including MoEF, that
the matters are not further complicated and third party interest are not
put into jeopardy that these directions will operate to the entire
eco-sensitive area of the Western Ghats and no fresh Environmental
Clearance or permissions are issued by the MoEF till it issues the final
notification in terms of section-3 of the Act of 1986.
‘Thus, it is now exclusively for the MoEF to determine and decide the
rival contentions, and the period for which the restrictions as issued by
the MoEF in its order dated 13.11.2013 should remain operative. It is the
duty expected of the MoEF to maintain the environmental tranquillity and
ecology of the areas under consideration, in the condition as they exist
today, and not to allow irreversible alteration of the areas in question
by granting Environmental Clearance or permitting activities which would
have an adverse impact on the eco-sensitive areas.
