The National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010
Overview
The National Green Tribunal Act, 2010 established the National Green Tribunal (NGT), a specialized judicial body dedicated exclusively to handling cases related to environmental protection, conservation of forests, natural resources, and enforcement of any legal rights relating to environment. The Act came into force to provide speedy and effective justice in environmental matters.
Background
Before NGT, environmental cases were dealt with by regular courts, which led to delays due to the complexity and volume of such cases. The NGT was created to have expert members, specialized procedures, and speedy disposal of cases to strengthen environmental governance in India.
Objectives of the Act
To provide effective and expeditious disposal of cases related to environment.
To ensure environmental justice through a dedicated tribunal.
To reduce the burden on traditional courts by transferring environment-related cases.
To apply principles of sustainable development, precautionary principle, and polluter pays principle while adjudicating.
Composition of the Tribunal (Section 3)
The NGT consists of a Chairperson, who is a retired Judge of the Supreme Court or Chief Justice of a High Court.
It includes Expert Members and Judicial Members with knowledge of environmental laws.
The members have tenure and service conditions defined by the Act.
Jurisdiction and Powers (Section 14 and 15)
The NGT has original jurisdiction over all civil cases where a substantial question relating to environment (including forests and natural resources) is involved.
It covers laws such as:
Environment (Protection) Act, 1986
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
Forest Conservation Act, 1980
Wildlife Protection Act, 1972
The Tribunal can issue directions, orders, or writs, and has powers of a civil court for discovery, summoning, and enforcing attendance.
Procedure and Powers (Section 16 & 17)
The Tribunal follows summary procedures to ensure speedy justice.
It is not bound by strict rules of evidence but guided by principles of natural justice.
The Tribunal can provide compensation and restitution to victims of environmental damage.
It can impose fines and penalties for violation of environmental laws.
Appeal and Review (Section 22)
Decisions of the NGT can be appealed only to the Supreme Court on points of law within 90 days.
This limits endless litigation and promotes faster resolution.
Enforcement of Orders
Orders of the NGT are binding and can be executed as a decree of a civil court.
The government and other authorities must comply with NGT’s directions.
Important Principles Applied by NGT
Precautionary Principle: Preventive action must be taken to avoid environmental harm.
Polluter Pays Principle: The polluter must bear the cost of pollution control.
Sustainable Development: Development must meet present needs without compromising future generations.
Landmark Case Laws Related to NGT and Environment
1. M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1986)
Although before NGT, this case led to judicial activism in environmental matters.
Established the polluter pays principle.
Highlighted the need for specialized environmental adjudication, which led to the creation of the NGT.
2. Indian Council for Enviro-Legal Action v. Union of India (Bichhri Case, 1996)
The Supreme Court recognized environmental damage compensation as a right.
This case laid groundwork for compensation orders by the NGT.
3. Vellore Citizens Welfare Forum v. Union of India (1996)
The Supreme Court explicitly endorsed the precautionary principle and polluter pays principle.
The NGT applies these principles in its rulings.
4. Vardhaman Kaushik v. Union of India (2018)
A landmark case where NGT ordered the closure of industries violating environmental norms in the Delhi NCR region.
It demonstrated the Tribunal’s proactive role in curbing air pollution and enforcing compliance.
5. Sterlite Industries (2013-2018)
The NGT dealt with public interest litigation related to pollution caused by Sterlite Copper Plant.
It ordered stringent pollution controls and closure when the plant violated norms.
Reinforced the Tribunal’s power to balance industrial activity with environmental protection.
Challenges Faced by NGT
Backlog of cases due to large volume.
Some states have not constituted State Green Tribunals, limiting local redressal.
Limited awareness among the public about NGT’s powers.
Enforcement issues in certain cases, despite Tribunal’s orders.
Impact and Importance
NGT has streamlined environmental dispute resolution.
It has become a forum for environmental activism and accountability.
Encourages scientific and expert inputs in decision-making.
Supports environmental justice for marginalized communities.
Conclusion
The National Green Tribunal Act, 2010 has revolutionized environmental jurisprudence in India by creating a specialized, expert forum for adjudicating environmental matters efficiently. It emphasizes sustainable development, holds polluters accountable, and ensures the protection of natural resources for future generations.
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