National Green Tribunal Act, 2010: A dive into the act….
By Himanshu Kumar
Table of Contents
Introduction
Environmental pollution is a serious threat to the survival of human race and hence the state is shouldered with the responsibility to eradicate the same by passing appropriate legislations and establishing environmental courts . The Stockholm Declaration 1972, also envisaged the passing of environmental legislations and establishment of special courts by all States to deal exclusively environmental matters and Supreme Court of India, while delivering its landmark decisions in environmental pollution cases suggested the establishment of specialized courts known as ” Environmental Courts or Green benches”.
The Supreme Court in historic judgement in the case of M.C Mehta v. Union of India(1987), noted that several special environmental laws had been enacted for the protection of environment against pollution but there were no specific environmental Courts for expeditious disposal of environment related cases. The Supreme Court , therefore highlighted the need for establishment of the National Environmental Tribunal , which subsequently came to be know National Green Tribunal(NGT).
Established in 2010, the National Green Tribunal (NGT) of India has been a pivotal institution in environmental jurisprudence. With its inception, it aimed to expedite environmental justice and ensure effective implementation of environmental laws and principles. Over the years, NGT has played a crucial role in addressing various environmental issues through its judgements, orders, and directives.
Historical Background
The historical background of the National Green Tribunal (NGT) Act is a narrative that intertwines the evolution of India’s environmental consciousness, legal framework, and the need for a specialized forum to address environmental disputes. The journey towards the establishment of the NGT Act can be traced back to various environmental movements, legal precedents, and governmental initiatives spanning several decades.
Emergence of Environmental Awareness
India’s environmental awakening can be attributed to early voices advocating for sustainable development and conservation. Visionaries like Mahatma Gandhi emphasized the intrinsic connection between humanity and nature, laying the groundwork for future environmental activism. However, it was the tumultuous events of the 20th century, including industrialization, urbanization, and ecological degradation, that galvanized widespread environmental concern.
Legal Framework for Environmental Protection
The 1970s witnessed the formulation of key environmental legislations aimed at tackling pollution and conserving natural resources. The Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, were landmark legislations addressing water and air pollution, respectively. Subsequently, the Environment (Protection) Act, 1986, provided a comprehensive legal framework for environmental governance and conservation.
Challenges in Environmental Adjudication
Despite the existence of environmental laws, the adjudication of environmental disputes within the traditional court system presented numerous challenges. Courts often grappled with complex technical issues, leading to delays and inefficiencies in resolving environmental cases. The need for a specialized forum with expertise in environmental matters became increasingly apparent as environmental litigation surged.
Global Initiatives and Commitments
India’s participation in international forums and agreements further underscored the imperative of effective environmental governance. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro in 1992 emphasized the establishment of specialized environmental tribunals to address environmental disputes. This global mandate catalyzed India’s efforts towards creating the NGT.
Proposal and Enactment of the NGT Act
The proposal for the establishment of the NGT gained traction in the early 2000s, spurred by the need for a dedicated forum to adjudicate environmental matters. After years of deliberation, consultation, and legislative processes, the National Green Tribunal Act was finally enacted by the Indian Parliament in 2010. The NGT Act laid the foundation for the establishment of a specialized tribunal with jurisdiction over a wide range of environmental disputes.
Object and Mandate of the Act
The NGT Act aimed to expedite the resolution of environmental disputes and ensure effective implementation of environmental laws. The tribunal’s jurisdiction encompassed issues such as pollution control, forest conservation, and biodiversity conservation. With its mandate to provide speedy and efficient justice in environmental matters, the NGT emerged as a critical institution in India’s environmental governance landscape.
Key mandates are:
Expedition of Environmental Disputes
The NGT Act aims to expedite the resolution of environmental disputes by providing a specialized forum with expertise in environmental matters. The tribunal is mandated to hear and dispose of cases relating to environmental issues promptly, thereby facilitating timely justice.
Enforcement of Environmental Laws
One of the primary mandates of the NGT is to ensure the effective implementation of environmental laws and regulations. The tribunal has the authority to enforce provisions of various environmental legislations and directives, including those related to pollution control, forest conservation, biodiversity conservation, and environmental impact assessment.
Prevention and Control of Pollution
The NGT is tasked with addressing issues pertaining to the prevention and control of pollution, including air pollution, water pollution, and noise pollution. It has the authority to hear cases related to violations of pollution control norms and to issue directives for remedial measures.
Conservation of Natural Resources
The NGT is entrusted with the responsibility of conserving and protecting natural resources such as forests, rivers, lakes, and wildlife. The tribunal has jurisdiction over cases involving the degradation or depletion of natural resources and can pass orders for their conservation and restoration.
Promotion of Sustainable Development
In line with the principles of sustainable development, the NGT aims to strike a balance between developmental activities and environmental conservation. The tribunal considers the environmental impact of development projects and infrastructure activities while adjudicating cases, ensuring that sustainable practices are adopted.
Key Provisions of the National Green Tribunal Act,2010
The National Green Tribunal (NGT) Act, 2010 comprises various sections that delineate the provisions, powers, and functions of the tribunal. Here’s an explanation of some key provisions of the NGT Act, along with their corresponding sections:
Establishment of the National Green Tribunal (Section 3)
Section 3 of the NGT Act provides for the establishment of the National Green Tribunal as a specialized tribunal for adjudicating environmental disputes. The tribunal consists of a chairperson, judicial members, and expert members appointed by the central government.
Jurisdiction of the NGT (Section 14)
Section 14 delineates the jurisdiction of the NGT, which extends to matters relating to the enforcement of various environmental laws and regulations, including the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Biological Diversity Act, 2002, among others.
Power to Hear Appeals (Section 16)
Section 16 empowers the NGT to hear appeals arising from decisions, orders, or directions issued by various environmental regulatory authorities, such as the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).
Adjudication of Cases (Section 19)
Section 19 outlines the procedure for adjudication of cases by the NGT. The tribunal has the authority to hear and dispose of cases expeditiously, and it is guided by the principles of natural justice while conducting proceedings.
Penalties and Remedies (Sections 20 and 21)
Sections 20 and 21 empower the NGT to impose penalties for contravention of environmental laws and regulations. The tribunal may order compensation to be paid to affected parties and issue directives for the restoration of the environment in cases of environmental damage or pollution.
Review and Enforcement of Orders (Sections 25 and 26)
Sections 25 and 26 provide for the review and enforcement of orders issued by the NGT. Parties aggrieved by the tribunal’s decisions may seek review within a specified period, and the NGT has the authority to enforce its orders through civil courts.
Appeal to Supreme Court (Section 29)
Section 29 allows for appeals against orders or judgments of the NGT to be filed in the Supreme Court of India. The Supreme Court may hear appeals on questions of law or issues of constitutional importance arising from NGT decisions.
Power to Issue Directions (Section 19)
Section 19 grants the NGT the power to issue directions, orders, or rulings to any person, authority, or government for the prevention, control, or mitigation of environmental pollution or degradation.
Recent Case Laws
Vizhinjam International Seaport Ltd. vs. Union of India (2019)
In this case, the NGT addressed environmental concerns raised against the proposed construction of the Vizhinjam International Seaport in Kerala. The tribunal emphasized the need for rigorous environmental impact assessment (EIA) and compliance with coastal zone regulations. It highlighted the importance of protecting fragile coastal ecosystems and biodiversity while undertaking developmental projects.
M.C. Mehta vs. Union of India & Ors. (2020)
NGT’s intervention in this case led to the closure of illegal industrial units operating in residential areas of Delhi. The tribunal emphasized the right to a clean environment and directed strict enforcement of pollution control norms. This landmark judgement underscored NGT’s role in safeguarding public health and environmental quality.
Subhash Pandey & Anr. vs. Union of India & Ors. (2021)
NGT addressed the issue of air pollution caused by construction activities in the National Capital Region (NCR). The tribunal directed stringent measures to control dust pollution and enforce guidelines for construction projects. This case underscored NGT’s proactive approach in combating air pollution and promoting sustainable development.
Sandeep Mittal vs. Union of India & Ors. (2022)
In this case, NGT addressed the issue of illegal sand mining in riverbeds, causing environmental degradation and depletion of natural resources. The tribunal directed the concerned authorities to take strict action against illegal mining activities and implement sustainable sand mining practices. This judgement highlighted NGT’s role in preserving natural resources and ecosystems.
Amendments to National Green Tribunal Act,2010
In recent years, several amendments have been proposed to strengthen the functioning of the NGT and enhance its effectiveness in addressing environmental challenges. Some notable amendments include:
Expansion of Jurisdiction: Amendments have been proposed to expand the jurisdiction of the NGT to cover new areas such as climate change mitigation, conservation of wetlands, and management of hazardous substances. This would enable the tribunal to address emerging environmental issues more comprehensively.
Enhanced Penalties: Amendments aim to enhance penalties for non-compliance with NGT orders and directives. This is intended to deter violations of environmental laws and ensure strict enforcement of NGT’s decisions.
Streamlined Procedures: Proposed amendments seek to streamline the procedures for filing and adjudicating environmental cases before the NGT. This includes provisions for expedited hearings and timely disposal of cases to ensure swift justice.
Capacity Building: Efforts are underway to strengthen the institutional capacity of the NGT by providing training to its members and staff, enhancing infrastructure, and facilitating greater coordination with relevant stakeholders.
Conclusion
The National Green Tribunal (NGT) has emerged as a crucial institution in the realm of environmental governance in India. Through its judgements, orders, and directives, NGT has contributed significantly to the protection and preservation of the environment. Recent case laws demonstrate the tribunal’s proactive role in addressing diverse environmental challenges, from pollution control to natural resource management. Moreover, proposed amendments aim to further strengthen NGT’s mandate and enhance its effectiveness in ensuring environmental justice. As India continues to grapple with environmental issues, the NGT remains poised to play a pivotal role in promoting sustainable development and safeguarding the nation’s natural heritage.
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