The National Green Tribunal
Introduction
Industrialization, urbanization, population, explosion, poverty, over-exploitation of resources, depletion of traditions resources of energy and raw material and the
search for new sources of energy and raw materials are some of the factor which have contributed to environmental deterioration. Today, the risk of human health and
environment deterioration has become a great concern of humanity. Accordingly, the National Green Tribunal Bill was passed by both the Houses of Parliament. It
received the assent of the President on 2nd June, 2010 and it became the National Green Tribunal Act, 2010.
Objectives
There are main objectives of the National Green Tribunal are as under –
1. To provide for effective and expeditious disposal of cases relating to environmental protection
2. To provide for conservation for forests and other natural resources including enforcement of any legal rights relating to environment
3. To provide for giving relief and compensation for damages to persons and property
4. To repeal the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997
5. To deal with the matters connected therewith or incidental thereto.
Scope and Application
The National Green Tribunal shall have the jurisdiction over all civil cases where a substantial equation relating to environment is involved and such equation arise out of the implementation of the enactment specified in the Schedule 1 to the act and to grant relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule 1 to the act and to hear appeals under certain enactments specified in the Schedule 3 to the act.
Establishment of the Tribunal
Section 3 of the NGT Act empowers the Central Government to establish National Green Tribunal to exercise the jurisdiction, powers and authority under this Act.
The Central Government has established the NGT 18th October, 2010.
Composition of the Tribunal
Under Section 4 provides the composition of the Tribunal. It shall consist of –
- a full time chairperson
- not less than 10 but subject to maximum of 20 full time judicial members as the Central Government may, from time to time notify
- not less than 10 but subject to maximum of 20 full time expert members, as the Central Government may, from time to time notify
Qualifications for appointment of chairperson, judicial members, expert members
There are following qualification are-
Chairperson, if he/she-
- is or has been judge of the supreme court of India
- Chief justice of a high court
Judicial Members, if he/she-
- is or has been judge of the supreme court of India
- Chief justice of high court
- is or has been judge of the high court
Experts Members, if he/she-
- has a degree in master of science, master of engineering, master of technology, has an experience of 15 years in the relevant field including 5 years practical
experience in the field of environment and forests - has administrative experience of 15 years including experience of 5 years in dealing with environmental mattering the central or state government
Tenure
The chairperson, judicial member and expert member of the tribunal shall hold the office for a term of 5 years from the date on which they enter upon their office.
They shall not be eligible for re-appointment.
Judge of the supreme court shall not hold office after attained the age of 70 years
Chief justice of high court shall not hold office after attained the age of 67 years
No Expert member shall hold office after attained the age of 65 years
Jurisdiction of the Tribunal
Section 16 of the NGT Act, 2010 confers Appellate jurisdiction on the Tribunal. It provides that any person aggrieved by:
- An order or decision made on or after their commencement of the NGT Act, 2010 by the appellate authority under section 28 of the water (Prevention and Control of Pollution) Act, 1974
- An order passed on or after the commencement of the NGT by the state government under section 29 of the water(Prevention and Convention of Pollution) act,1974
- Direction issued on or after the commencement of the NGT Act by a board under section 33A of the water( Prevention and Control of Pollution) Act, 1974
- An order or decision made on or after the commencement of the NGT Act by the appellate authority under section 13 of the water ( Prevention and Control of Pollution ) Act, 1977
- An order or decision made on or after the commencement of the NGT Act by the state government or other authority under the section 2 of the Forest ( Conservation) Act, 1980
- An order or decision made on or after the commencement of the NGT by the appellate authority under section 31 of the Air (Prevention and Control of Pollution) Act, 1981
- Any direction issued on or after the commencement of the NGT Act under section 5 of the Environment ( Protection ) Act, 1986
- An order made on or after the commencement of the NGT Act refusing to grant environmental clearance for carrying out any activity or operation or process under the
Environment Protection Act, 1986 - Any determination of benefit sharing or order made on or after the commencement of the NGT Act by the National Biodiversity Authority or a State Biodiversity Board under the provision of the Biological Diversity Act, 2002
Procedure and Powers of Tribunal
Section 19 of the NGT provides that the Tribunal shall not be bound by the procedure laid down by the CPC and rules of evidence contained in the Indian Evidence Act
However, it shall be guided by the principle of natural justice and shall have the power to regulate to its own procedure subject to the provisions of the NGT, Act 2010.
For the purposes of discharging its functions under this Act, the Tribunal shall have the same powers as are vested in a civil court under the CPC while trying a suit
in respect of the following matters, namely-
- Summoning and enforcing the attendance of any person and examining him on oath
- requiring the discovery and production of the document
- receiving evidence on affidavits
- for the examination of witnesses or documents, issuing commission
- reviewing its decision
- dismissing an application for default or deciding it ex party
- setting aside any order of dismissal of any application for default or any order passed by its ex party
- pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I
- Any other matters include which may be prescribed under this act
- Pass an interim order after providing the parties concerned an opportunity to be heard on any application made or appeal filed under this act
Penalty for failure to comply with orders/ award/ decision of Tribunal
The NGT Act, 2010 provides deterrent punishment to those who fail to comply with orders/ awarded/ decision of Tribunal. Section 26 of the NGT Act, 2010 provides that whoever, fails to comply with any order or award or decision of the Tribunal under this Act, he shall be punishable –
- with imprisonment for a term which may extend to three years
- with fine which may extend to ten crore rupees
- with both
In the case failure or contravention continues with additional fine which may extend to twenty-five thousand rupees for every day during which such failure or
contravention continues after conviction for the first such failure or contravention.
In case when company fails to comply with any order or award or a decision of the Tribunal under this NGT Act then such company shall be punishable-
- with fine which may extend to twenty-five crore rupees
- in case the failure or contravention continues with additional fine which may extend to one lakh rupees for every day during which such failure or contravention continues after conviction for the first such failure or contravention
Power of Tribunal
Section 35 of the NGT Act, 2010 confers powers on the Central Government to make rules for carrying out the provisions of this Act. The rules may provide for all or any of the following matters, namely:-
(a) rules apply to the such persons who shall be the entitled to appear before the Tribunal under clause (a) of sub-section (4) of section 4
(b) the procedure for hearing applications and appeals under clause (b) of sub-section (4) of section 4
(c) the minimum number of members who shall hear the applications and appeals in respect of any classes or classes of application and appeals under clause (c) of sub-section 4
(d) the Chairperson, transfer of cases from one place of sitting (also including the ordinary place of sitting) to other place of sitting
(e) the manner of appointment and selection committee of the Judicial Member and Expert Member of the NG Tribunal under sub-section (3) of section 6
(f) the salaries and allowances payable to, and other terms and conditions of service of, Chairperson, Judicial Member and Expert Member of the Tribunal under section 9
(g) the procedure for inquiry of the charges against the Chairperson or Judicial Member of the Tribunal under the sub-section (4) of section 10.
Author: Rajnandni Saini,
Geeta Institute of Law, Panipat/Law Student
