Role of National Green Tribunal in environmental governance
Role of the National Green Tribunal (NGT) in Environmental Governance
What is the National Green Tribunal (NGT)?
The National Green Tribunal (NGT) is a specialized judicial body established under the National Green Tribunal Act, 2010, for effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and other natural resources. It was set up to ensure the enforcement of fundamental rights relating to the environment and to handle disputes arising from environmental laws such as the Environment Protection Act, Water Act, Air Act, Forest Conservation Act, and others.
Objectives and Functions of the NGT
Effective enforcement of environmental laws and regulations.
Adjudication of environmental disputes including issues related to pollution, deforestation, and ecological degradation.
Restoration and compensation: The NGT has powers to order compensation for environmental damage and restore the environment.
Expeditious resolution: It provides a faster alternative to regular courts for environmental cases.
Expertise-based adjudication: The tribunal comprises judicial and technical members to handle complex environmental issues.
Promoting sustainable development and environmental justice.
Powers of the NGT
The NGT has the powers of a civil court for summoning witnesses, requiring documents, and passing orders.
It can impose penalties for environmental violations.
It can order environmental restoration and compensation.
Its orders are binding but subject to appeal before the Supreme Court only on points of law.
Important Case Laws Related to NGT and Environmental Governance
1. M.C. Mehta v. Union of India (Ganga Pollution Case) [NGT Orders]
Issue: Pollution control in the River Ganga.
Facts: Numerous petitions were filed regarding the pollution of the Ganga and the failure of authorities to control industrial and domestic waste discharge.
NGT’s Role: The NGT ordered stringent action to prevent pollution, mandated setting up of sewage treatment plants, and directed closure of polluting industries.
Significance: This case highlights the NGT’s proactive role in enforcing environmental standards and ensuring accountability for pollution control, reinforcing the “polluter pays” principle.
2. T.N. Godavarman Thirumulpad v. Union of India (Forest Conservation Case) [NGT Interventions]
Issue: Forest conservation and illegal deforestation.
Facts: Various petitions concerning illegal logging and deforestation in forest areas.
NGT’s Role: The NGT ensured strict compliance with the Forest Conservation Act and directed restoration of degraded forest land. It imposed penalties for violations.
Significance: This case illustrates the NGT’s role in forest protection and balancing development with conservation.
3. Sterlite Industries (India) Ltd. Case (Tamil Nadu)
Issue: Environmental pollution caused by Sterlite Copper Plant in Tamil Nadu.
Facts: Local residents and environmental activists raised concerns about air and water pollution from the plant.
NGT’s Role: The NGT ordered closure of the plant in light of serious pollution concerns, based on scientific evidence and expert opinions.
Significance: This landmark case shows the NGT’s authority to order closure of industrial operations causing environmental harm, emphasizing the right to a clean environment.
4. Indian Council for Enviro-Legal Action v. Union of India (Bichhri Village Case)
Issue: Hazardous waste dumping and its impact on health and environment.
Facts: Toxic waste dumping led to severe health issues and environmental damage in Bichhri village.
NGT’s Role: The Tribunal ordered cleanup, compensation to affected residents, and preventive measures for hazardous waste management.
Significance: This case underscores the NGT’s power to ensure environmental justice and compensation for affected communities.
5. Almitra H. Patel v. Union of India (Plastic Waste Management)
Issue: Control of plastic waste and environmental pollution caused by plastics.
Facts: Public interest litigations filed to curb the indiscriminate use and dumping of plastic.
NGT’s Role: Directed the Central and State governments to implement strict rules for plastic waste management and banned certain plastic products.
Significance: Demonstrates the NGT’s role in enforcing solid waste management laws and protecting urban environments.
Summary
The NGT is a specialized environmental tribunal that plays a crucial role in enforcing environmental laws in India.
It ensures quick and expert adjudication of environmental disputes.
The NGT applies principles like “polluter pays,” precautionary principle, and sustainable development in its judgments.
The above cases show the NGT’s wide-ranging authority to order pollution control, restoration, compensation, and even closure of polluting industries.
The Tribunal acts as a critical instrument for environmental governance, strengthening enforcement and promoting public participation.
RELATED Blog
0 comments