The National Green Tribunal

National Green tribunal was established in 2010 under Article 21 of the Indian Constitution which guarantees the citizens of India the right to a healthy environment. India is the third country following Australia and New Zealand to have such a system. The tribunal is a special fast-track quasi-judicial body comprising of judges and environment experts who will ensure expeditious disposal of cases. The tribunal is established for the effective and speedy disposal of cases related to the protection of Environment and giving relief and compensation for damages to persons and property and for matters connected with it. The main aim behind its establishment is to reduce the burden of litigation in the higher courts. The tribunal has jurisdiction over matters related to the environment and is not bound by the Civil Procedure Code, 1908 but works on the principles of natural justice. The Principal Bench of the tribunal is based at New Delhi with circuit benches at Chennai, Bhopal, Pune and Kolkata so that it can reach remoter parts of India. The principal bench and the regional benches are all currently functional. The first chairman of the National Green Tribunal was Hon’ble Mr. Justice Lokeshwar Singh Panta who relinquished his post on being appointed as LOKAYUKTA of Himachal Pradesh. He was succeeded by Hon’ble Mr. Justice Swatanter Kumar.

NATIONAL GREEN TRIBUNAL ACT, 2010
The National Green Tribunal is governed by the National Green Tribunal Act, 2010 which came into force on 2nd June 2010 in accordance with decisions taken at the United Nations Conference on Environment and Development held at Rio De Janeiro in June, 1992, in which India participated. The act provides for the establishment of the tribunal and also specifies the jurisdiction, powers and authorities of the tribunal.
Sec 4(1) of the National Green Tribunal Act states the composition of the Tribunal and specifies that the tribunal shall consist of a full time chairperson, not less than ten but subject to maximum of twenty full time judicial members as the Central Government may notify from time to time and not less than ten but subject to maximum of twenty full time expert members as the Central Government may notify from time to time. The Chairperson has the authority to invite one or more persons having specialised knowledge and expertise to assist in a case if considered necessary. The Chairperson along with the Central Government makes rules for governing the procedures and rules of the tribunal.

JURISDICTION
Schedule I of the National Green Tribunal Act compromises of
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 and
The Biological Diversity Act, 2002.
The Tribunal has jurisdiction over all civil cases where a substantial question relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule I. Sec 14 of the National Green Tribunal further adds that no application for adjudication of dispute shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose. Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days. The tribunal has the authority to hear and dispose of cases related to the acts specified in Schedule I in accordance with sec 14 of the Act.
The tribunal has the authority to provide relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I which includes accident occurring while handling any hazardous substance but no application for grant of any compensation or relief or restitution of property or environment under section 15 of the act would be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause filing the application within the said period, allow it to be filed within a further period not exceeding sixty days. The tribunal can by order provide for restitution of property damaged and also for restitution of the environment for such area or areas, as the Tribunal may think fit. The Tribunal can having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate head specified in schedule II so as to provide compensation or relief to. the claimants and for restitution of the damaged property or environment. Every claimant of the compensation or relief under this Act is required to intimate the Tribunal about the application filed for compensation or relief received from, any other Court or authority. An award or order or decision of the Tribunal under this Act shall be executable by the tribunal as a decree of a civil court, and for this purpose, the tribunal shall have all the powers of a civil court.
Appellate Jurisdiction
The Tribunal also has appellate jurisdiction under the National Green Tribunal Act. The tribunal has appellate jurisdiction against an order passed by the state Government under section 29 of the water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), directions issued by a Board under section 33-A of the water (prevention and Control of pollution) Act, 1974 (6 of 1974), an order or decision made by the appellate authority under section 13 of the water (Prevention and Control of pollution) Cess Act, 1977 (36 of 1977), an order or decision made by the state Government or other authority under section 2 of the forest (Conservation) Act, 1980 (69 of 1980), an order or decision by the Appellate Authority under section 31 of the Air (Prevention and control of Pollution) Act, 1981 (14 of 1981), any direction issued under section 5 of the Environment (protection) Act, 1986 (29 of 1986), an order granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986), an order refusing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986 (29 of 1986) and any determination of benefit sharing or order made by the National Biodiversity authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002 (18 of 2003).
Limitation
Any application can be made to the tribunal against the above listed orders within thirty days from the date on which the order or decision or direction or determination is communicated to the concerned party.
Appeal against decision of the National Green tribunal
Any person aggrieved by any award, decision or order of the tribunal, may file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order of the tribunal, to him, or any one or more of the grounds specified in Sec100 of the Code of Civil Procedure, provided that the Supreme Court may entertain any appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal.

JUDGEMENTS
The National Green Tribunal gave its first Judgement on September 12, 2011. In this first judgement of the tribunal, the tribunal suspended the environmental clearance of a Mining project by Gogte Minerals in a district of Maharashtra. The tribunal found that the Terms of Reference (ToR) for conducting the environmental impact assessment of the mines has been violated in this case. Since, the National Green Tribunal, though constituted, was non-functional at the time when the cause of action arose; the appellants had approached the Honble Supreme Court by way of filing Special Leave Petition (Civil) No. 7348 of 2011. Finally, the said SLP (C) was disposed of on 15.05.2011 with a liberty to the appellant herein to approach this Tribunal.
The court ordered the Respondent no. 1 which was The Ministry of Environment and Forests, through its Principal Secretary to place the matter before the new EAC (Mining) and seek a fresh consideration of the matter taking all the material as available as on date as to compliances. The court further said that if the EAC considered it necessary to impose additional Page 43 of 43 conditions, it may direct the proponent to comply with the same including fresh EIA based on prescribed ToR before taking a decision for revival of the EC. However, the tribunal made it clear that the EAC is at liberty to reject or accept the proposal for recommending revival of EC in favour of the project proponent. The court also stated that EAC, however, should call for a fresh report in so far as causing air, noise and water pollution and may recommend for relocating the school situated in the area of concern by constructing a new building at a safe location within Tiroda revenue village with similar accommodation and suitable playground around, along with all modern basic amenities as required by the local Education Department. Moreover, the court ordered that this entire process should be completed within a period of 6 months from the date of receipt of this judgment.
The National Green Tribunal on February 9, 2012 also suspended the environment clearance granted to Scania Steel and Power Ltd for expansion of its sponge iron plant in Chattisgarh. The NGT also directed the Union environment Ministry to develop mechanism to check authenticity of environmental data and blacklist EIA consultants who provide wrong data. The NGT also set aside environmental clearance granted to the municipal solid waste processing plant of Municipal Corporation of Chennai for providing false information in the EIA on February 24, 2012.
The National Green tribunal has given many more such judgements till date.

CONCLUSION

The National Green Tribunal was established as a special fast-track quasi-judicial body comprising of judges and environment experts who will ensure expeditious disposal of cases. The National Green Tribunal has given fast-track judgements in a lot of cases ensuring that the purpose of its establishment is satisfied. However, some environmental clearance are of such a grave nature that giving a judgement on them in 6 months would lead to grave injustice like the Lavasa case. On one hand the National Green Tribunal gives fast-track judgements and on the other hand the Tribunal deals with cases extensively when required. The NGT fulfils it purpose of stopping environmental violations very well, for example following a PIL, National Green Tribunal has passed an order to curb noise pollution in Delhi, outlining actions that include making noise pollution a compoundable offence. The tribunal has asked traffic cops to act against polluting vehicles. The National Green Tribunal also suspended the environmental clearance granted to Posco mega steel project in Orissa in January 2011.Therefore, the establishment of NGT will benefit India to a great extent.

The National Green Tribunal started its Pune Circuit Bench, a dedicated environmental court, at the Council Hall on Friday. The Pune Bench will have its jurisdiction over Maharashtra, Gujarat, Goa and Daman & Diu. The tribunal was set up by the Parliament in 2010 and it became operational on July 4, 2011. The bench will become functional in full operation from 28 Feb 2012.