NATIONAL GREEN TRIBUNAL AND IT’S ROLE IN JUDICIARY

NATIONAL GREEN TRIBUNAL (NGT)

BACKGROUND

Most protectionists have heard of the National Green Court (NGT). This short introductory article explains how and when and how to contact the NGT, and explains the fundamental differences between courts and tribunals and the structure and jurisdiction of the NGT.

The NGT was founded on October 18, 2010, under the National Green Court Act, which the central government passed. The central government’s goal is to provide special forums to effectively and quickly deal with cases related to environmental protection and forest protection and seek compensation for human or property damage caused by violations of specified environmental laws or conditions when granting conditions.

 

STRUCTURE

According to the publication of the law mentioned above, NGT’s chief judge seat is located in the capital of New Delhi, along with the Pune (west seat), Bhopal (center seat), Chennai (south seat) and Kolkata Regional Council (eastern bench) Was established. Each Senate has designated geographic jurisdictions covering multiple countries in the region. There are also mechanisms for circuit workbench. For example, benches in southern Chennai may decide to meet in other places such as Bangalore or Hyderabad. Click here for a copy of the notice specifying the jurisdiction of each judge. Below are links to all NGT regional benches, addresses, and contact information.

NGT Chairman is a retired judge based in Delhi. Another judiciary is a retired high court judge. Each seat of the NGT consists of at least one judicial person and one expert. Professional members must have professional qualifications and have more than 15 years of experience in environmental/forest protection and related subject areas.

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The Role of National Green Tribunal In India

The Indian Constitution states through the National Policy Guiding Principles (DPSP): Indeed, implementing DPSP immediately after independence is a difficult task for the government, as there are many other issues that have a higher priority than the environment. To overcome poverty, illiteracy, unemployment, and other basic problems and provide basic health care facilities, environmental issues have not received much attention. Industries were established to increase production in the economy more and more. This has deteriorated the Indian environment on a massive scale and has gradually shifted its focus to environmental protection in the past decade.

 

Origin of an idea to establish an Environmental court in India

On October 18, 2010, the National Green Court (NGT) was enacted in accordance with the 2010 National Green Court Act, since prompt justice is urgently needed. This is a court enacted specifically by Congress to hear about environmental issues. This is the result of a long process, and the demand for courts began in 1984 after the Bhopal gas tragedy. And the Supreme Court specifically mentioned the need to establish such a court in the case of natural gas leaks from Delhi Li Slim Food Fertilizer Co., Ltd. Since then, the Supreme Court has emphasized the difficulties faced by judges in dealing with complex environmental events and the need to establish special environmental courts. The Supreme Court Only valid if you repeatedly hear the special petition called Vimal B.

Power of National Green Tribunal

Parliament’s legislative legislation defines the 2010 National Green Court Act as a law aimed at establishing a national green court to effectively and quickly deal with cases related to environmental protection, forest protection and other natural resources. Implementation of the “Environmental Protection Act”. All legal rights related to the environment, remedies and compensation for damage to people and property, related or related issues”

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Water (Pollution Prevention and Control) Act, 1974;

Waters (Pollution Prevention and Control) Seth Act of 1977;

Forest (protection) law of 1980;

Atmosphere (Pollution Prevention and Control) Act 1981;

The Environmental (Protection) Act of 1986;

1991 “Public Liability Insurance Act”;

2002 Biodiversity Act

NGT reserves the right to coordinate its own programs. It does not follow the principles of the civil action law, but the principles of natural justice. The NGT must also apply the principles of sustainable development and the principles pollutants must pay when issuing orders. When determining matters within the scope of these seven legal acts, they have the same powers as civil courts. The main advantage of NGT is that it has a strong order execution mechanism. You have the right to fine and fines if the NGT’s order does not comply with the regulations. The maximum penalty is three years, the maximum penalty is 100 million rupees, and the maximum penalty for the enterprise is 2.5 billion rupees. In addition, if the court finds that the criminal act has been conducted by order or with the consent of the company’s senior management, the company’s directors or managers may be punished.

The legislation also provides a variety of relief to those affected by the deterioration of the environment in certain locals. One of the provisions of the statute is to compensate victims for losses due to accidents or leaks when handling hazardous materials. Therefore, this regulation is basically able to deal with losses due to the leakage of certain hazardous gases in your area. This is essential because the previous law was silent, as those who suffered from the Bopas gas massacre were not able to receive adequate compensation from the tungsten carbide coalition.

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Some Remarkable Orders

Yamuna Floodplain Case

Recently in March 2015, the NGT fined 5 Rs to the “Life Art Foundation” because it organized a world cultural festival at the floodplain of the Yamuna River and affected the environment.

Yamuna Reserve

The NGT announced on April 25, 2014, that Yamuna’s health will be affected by the proposed recreational facilities taught. The NGT also proposed that the government announce a 52km nature reserve in Delhi and Uttar Pradesh.

Coal chunks in the Chatisgar forest

The National Green Court has revoked permission from the Minister of the Environment and Forestry Jairam Ramesh for the lump of Parsa East and Kante-Basan prisoner coal in the Hasdeo-Arand forest of Chhattisgarh and rejected the legal forest. Advisory Committee.

NCR prohibits the use of diesel vehicles used in Delhi for 10 years

Attempts to minimize air pollution in India’s capital and NCR PM 2.5 particulate matter have reached remarkable levels. According to this order, 10-year-old cars should not be used.

Author: Prakalp Shrivastava,
School of law, jagran lakecity university, bhopal (M.P)

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