National Green Tribunal: functions and powers
National Green Tribunal (NGT) — Functions and Powers
What is NGT?
The National Green Tribunal is a specialized judicial body in India, established under the National Green Tribunal Act, 2010, to handle environmental disputes and ensure the effective enforcement of environmental laws.
Functions of the NGT:
Adjudication of Environmental Disputes: The NGT hears cases related to environmental protection and conservation of forests, wildlife, and natural resources.
Implementation of Laws: It ensures the enforcement of laws such as the Environment Protection Act, Water Act, Air Act, Forest Conservation Act, and other environmental statutes.
Providing Relief and Compensation: It has the authority to grant relief and compensation to victims of environmental damage.
Monitoring Compliance: The NGT monitors the implementation of its orders and directions regarding environmental protection.
Speedy Disposal of Cases: The tribunal is meant to provide speedy and effective justice in matters relating to the environment.
Powers of the NGT:
The NGT has the powers of a civil court (e.g., summoning witnesses, discovery of documents).
It can enforce its orders and impose penalties, including fines and compensation.
It can take suo motu cognizance (act on its own without a formal complaint) of environmental violations.
The tribunal has exclusive jurisdiction over environmental matters in India, except for the Supreme Court.
Important NGT Case Laws and Detailed Explanation
1. M.C. Mehta vs. Union of India (Taj Trapezium Case)
Issue: Pollution around Taj Mahal due to emissions from nearby industries and vehicles damaging the monument.
NGT’s Role: The NGT reinforced earlier Supreme Court orders by imposing strict regulations on industries in the Taj Trapezium Zone (TTZ).
Outcome:
Orders for relocation or closure of highly polluting industries.
Strict vehicular emission standards and promotion of cleaner fuel in the region.
The case highlighted NGT’s role in balancing development and environment protection.
Significance: This case showed how NGT can protect heritage sites by controlling environmental pollution.
2. Vellore Citizens Welfare Forum vs. Union of India
Issue: Pollution of water bodies due to untreated effluents from tanneries and other industries in Tamil Nadu.
NGT’s Role: Although the case was originally in the Supreme Court, the NGT has handled similar cases based on its mandate to control industrial pollution.
Outcome:
The “Polluter Pays Principle” was emphasized, meaning polluters must pay for environmental damage caused.
The case paved the way for NGT to impose fines and enforce clean-up of polluted water bodies.
Significance: Established an important environmental jurisprudence principle actively used by the NGT.
3. Sterlite Copper Plant Case (Thoothukudi)
Issue: Environmental and health hazards caused by Sterlite Copper’s plant, leading to protests and closure orders.
NGT’s Role: The tribunal examined pollution caused by the plant and suspended environmental clearance due to non-compliance with pollution control norms.
Outcome:
The plant was ordered to cease operations until it complied fully with environmental standards.
Compensation was ordered for affected residents.
Significance: Showcased the NGT’s power to suspend industrial activities violating environmental laws, protecting public health.
4. Dehradun Quarrying Case
Issue: Illegal and excessive quarrying in the Doon Valley, causing environmental degradation.
NGT’s Role: The tribunal ordered a ban on quarrying in ecologically sensitive zones after evidence of damage to forests, wildlife, and water resources.
Outcome:
Closure of illegal mines and restoration of damaged areas.
Strict guidelines for sustainable mining.
Significance: Demonstrated NGT’s role in protecting fragile ecosystems from unregulated industrial activity.
5. Oyster Mushroom Cultivation Case (Illegal Waste Dumping in Delhi)
Issue: Illegal dumping of construction and biomedical waste in Delhi causing health hazards.
NGT’s Role: The NGT directed local authorities to stop illegal dumping, remove waste, and ensure proper waste management systems.
Outcome:
Imposed penalties on municipal bodies for negligence.
Ordered the setup of scientific waste management infrastructure.
Significance: Underlined NGT’s ability to enforce urban environmental laws and hold government bodies accountable.
Summary
The NGT is a powerful judicial body designed to protect and conserve the environment through swift justice.
It applies principles like the Polluter Pays Principle, Precautionary Principle, and Sustainable Development.
Case laws like the Taj Trapezium, Sterlite Copper, and quarrying in Doon Valley illustrate its strong intervention to balance development and environmental protection.
The tribunal’s decisions often involve compensation, penalties, and directives to restore the environment.
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