The National Green Tribunal

The National Green Tribunal (NGT), established in 2010, has emerged as an essential body for the adjudication and resolution of environmental disputes in India. Its primary goal is to ensure speedy disposal of cases related to environmental protection and provide relief to victims of environmental damage. The tribunal’s creation was part of India’s commitment to protecting the environment in alignment with the United Nations Conference on Environment and Development held in Rio de Janeiro in 1992.

Key Features of the National Green Tribunal

1. Establishment and Purpose:

   • The NGT was established under the National Green Tribunal Act, 2010, which came into force on 2nd June 2010.
   • It aims to reduce the burden on higher courts, particularly in environmental cases, and ensures that cases are resolved in a specialized and timely manner.
   • It operates as a quasi-judicial body, consisting of judicial members and environmental experts.

2. Jurisdiction:

   • The NGT has jurisdiction over civil cases involving environmental issues. These issues arise from the implementation of environmental laws, as specified in Schedule I of the National Green Tribunal Act.
   • It handles cases related to laws like the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980, Environment Protection Act, 1986, and more.
   • The tribunal also deals with claims for compensation or relief arising from environmental harm and can pass orders for restitution of the environment or damaged property.

3. Appellate Jurisdiction:

   • The tribunal has the authority to hear appeals against orders passed by various environmental authorities, including the Ministry of Environment and Forests (MoEF) and State Pollution Control Boards.
   • It handles appeals from decisions made under laws like the Water (Prevention and Control of Pollution) Act and the Forest Conservation Act.

4. Limitation on Applications:

   • An application must be filed within six months of the cause of action arising. The tribunal may extend this period if it is satisfied that the applicant was unable to file within the stipulated time due to valid reasons.
   • For compensation claims, applications must be filed within five years, with a similar extension option.

5. Speedy Disposal and Impact:

   • The NGT operates on the principles of natural justice and ensures quick disposal of cases.
   • It has successfully passed orders in several high-profile environmental matters, like the Lavasa project case, the suspension of environmental clearances for projects like Gogte Minerals’ mining project and Scania Steel and Power Ltd., and actions against noise pollution in Delhi.
   • The tribunal has also suspended environmental clearances for Posco’s mega steel project in Orissa, marking its critical role in environmental governance.

6. Regional Presence:

   • To make its services accessible to people in different parts of India, the NGT has a principal bench in New Delhi and regional benches in cities such as Chennai, Bhopal, Pune, and Kolkata.
   • The Pune Circuit Bench, which began operations in February 2012, serves Maharashtra, Gujarat, Goa, and Daman & Diu.

7. Recent Developments and Jurisdictional Expansion:

   • The NGT’s role continues to evolve as it ensures environmental compliance and provides relief for violations. The establishment of the Pune Circuit Bench and other regional benches allows for wider jurisdiction and better access for those affected by environmental violations.

Key Judgments

1. Gogte Minerals (2011):

   • The NGT suspended the environmental clearance for a mining project in Maharashtra, highlighting the violation of the environmental impact assessment (EIA) procedure. It mandated a fresh consideration of the environmental aspects and remedial measures.

2. Scania Steel and Power Ltd. (2012):

   • The NGT suspended the clearance granted to a sponge iron plant in Chhattisgarh due to discrepancies in the EIA data. It also directed the Union Ministry of Environment to ensure the authenticity of environmental data.

3. Posco Project (2011):

   • The NGT suspended the environmental clearance for the Posco steel plant in Odisha, citing violations of environmental norms and concerns over forest conservation.

Conclusion

The National Green Tribunal has proven to be an effective tool for ensuring the protection of the environment in India. By ensuring fast-track adjudication and environmental justice, it plays a pivotal role in curbing environmental degradation. While it has made significant progress, there are still challenges such as dealing with large-scale projects where the judgment requires extensive investigation and time. However, the NGT has made notable strides in improving India’s environmental governance, offering timely relief to affected citizens, and setting a precedent for environmental accountability in the country.