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Powers and functions of

National Green Tribunal
By

Guest Post

September 15, 2015

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This article is written by Apoorv Singh Chauhan, B.A. LL.B (Hons.) student at
NALSAR University of Law, Hyderabad, on the powers and functions of National
Green Tribunal.

The Constitution of India through its directive principles of state policy (DPSP)
mentions that “it is the duty of the state to protect and improve the
environment and to safeguard the forests and wildlife of the country and
bestow upon the citizens the duty to protect the environment”. In reality the
implementation of DPSPs immediately after independence was a difficult task
for government as there were many other problems that were given priority
over the environment. To overcome the basic problems of poverty, illiteracy,
unemployment and to provide basic health care facilities, environment issues
were not given that much importance. In order to increase the production in
the economy more and more industries were set up. This has led to
degradation of environment at a large scale in India and the priority in the last
decade had gradually shifted to protection of environment.

Origin of the idea of establishing environmental courts in

India

The Supreme Court of India suggested that there should be environmental

courts on regional basis with professional judges and 2 experts keeping in mind
the kind of expertise needed to deal with such issues.[1] This was emphasized
by the Supreme Court as there was a need for speedy justice for environmental
protection and to reduce the burden on the High courts which were not able to
do quick disposal of cases involving environmental issues as they were over
burdened by cases. As a result of this dire need for speedy justice The National
Green Tribunal (NGT) was founded on 18th October, 2010 under the National
Green Tribunal Act, 2010. It is a statutory tribunal which was enacted by the
parliament specially for hearing the matters concerning to environmental
issues. It was a result of long procedure and the demand for such tribunal
started long back in the year 1984 after the Bhopal gas tragedy. Then the
Supreme Court specifically mentioned the need for such tribunals in the case
where the gas leaked from Shriram food and fertilizers limited in Delhi. The
Supreme Court than in a number of cases highlighted the difficulty faced by
judges in adjudicating on complex environmental cases and laid emphasis on
the need to set up a specialized environmental court. Though the credit for
enacting the NGT Act, 2010 goes to the then Environment Minister Jairam
Ramesh, it became functional only because of repeated directions of the
Supreme Court while hearing the Special Leave Petition titled Union of India v.
Vimal Bhai[2]. The legislate Act of Parliament defines the National Green
Tribunal Act, 2010 as “An Act to provide for the establishment of a National
Green Tribunal for the effective and expeditious disposal of cases relating to
environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to environment and
giving relief and compensation for damages to persons and property and for
matters connected therewith or incidental thereto”

Structure of National Green Tribunal

Going by the enactment of the national green tribunal act, New Delhi has been
chosen as the principal bench of the NGT, with regional benches in Pune
(Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern
Bench) and Kolkata (Eastern Bench). Each Bench has a specified geographical
jurisdiction covering several States in a region. There is also a mechanism for
circuit benches. For example, the Central Zone bench, which is based in
Bhopal, can decide to have sittings in other places like Gwalior or
Jaipur. Specifying jurisdiction of each bench.

Powers of National Green Tribunal

The NGT has a power to hear all civil matters which are related to environment
and questions regarding the enforcement and implementation of laws which
fall under the seven categories of laws namely (in order of their enactment)

1. The Water (Prevention and Control of Pollution) Act, 1974;

2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
 7. The Biological Diversity Act, 2002

The NGT has been given the power to regulate the procedure by itself. It does
not follow the principles of civil procedure code instead it follows principles of
natural justice[4]. The NGT also at the time of giving orders shall apply the
principals of sustainable development and also the principal that the one who
pollutes shall pay. It will have the same power as of the civil court in deciding
the matter falling within these seven legal acts[5]. Even the NGT will not be
bound by the rules of evidence as mentioned in the Indian evidence
act.[6]Anything which is not covered under these seven acts the NGT is not
competent to admit the suit for that matter. The major drawback of this
limitation is that a person cannot approach the NGT for every environmental
issue. For instance NGT cannot admit a suit for cutting of trees in a forest even
though it is related to environment.[7] This is because the protection of forest
act is not within the jurisdiction of NGT. So in a way it is ambiguous for a
common person to comprehend when to and when not to go to NGT to seek
remedy. This is a reform which NGT needs that there should be inclusion of all
acts related to environment degradation.

The major benefit with NGT is that it has a strong order enforcing mechanism.
If the orders of NGT are not complied with than it has the power to impose
both punishment as well as fine. The punishment is up to three years and the
penalty is up to ten crore and for firms in can extend up to twenty five crores.
Also the director or manager of the firm can be punished or penalized if it is
found by the tribunal that the offence has been committed on the orders or
with the consent of such officer of the firm.

The act also provides various kinds of reliefs to the persons who are affected
by the degradation of environment as the inhabitant of that particular area.
One of the provisions of the act is to provide compensation to the victims of
any loss occurring from accident or leakage while handling hazardous
substance. So this provision basically will deal with any loss which occurs due
to leakage of some hazardous gas in a locality. This was necessary because
earlier law was silent in this regard due to which the people who suffered
damages in the Bhopal Gas Tragedy could not get proper compensation from
the union carbide.
Any person who has sustained the injury can file a suit in the National Green
Tribunal. The suit can also be filed by a person who is the owner of the property
to which the loss is caused. In case there is a death as a consequence of
damage then the legal representative of such a person can file a case. The
government or the government agencies related to environment can file a suit
in place of that person like the central or the state government or the central
pollution control board or state pollution control board. The act also provides
for fast delivery of justice and the act provides that all possible efforts will be
made to dispose of the case within six months from the date of filing the suit.
The period for filing a suit with NGT is up to 5 years from the date on which
the cause for compensation arose. However if the tribunal has sufficient
grounds for believing that the person has reasonable cause that prevented him
from filing a suit in NGT than it can extend the period for a maximum of sixty
days. A person can argue his own matter before the tribunal and he does not
need to be an advocate to do so. There is just a single requirement that the
person should be in a formal dress while addressing the court. The medium of
communication in the NGT is English and the arguments should be presented
in the same.

If a person is not satisfied with the orders of the tribunal he can seek the
review of the decision of NGT under rule 22 of the NGT rule. And even then if
he is not satisfied with the decision of the tribunal he can file an appeal to the
Supreme Court of India. But the appeal has to be filed within ninety days of
the orders passed by NGT.

Criticism of National Green Tribunal

As soon as the NGT came into action after October 2010 it got stuck in number
of controversies. The first criticism it faces is that it lacks judicial independence
from the government. The rules of the NGT act allowed the bureaucrats to be
appointed to the tribunal while holding their post in the government. This is
problematic in the sense that a government official will never rule against the
government because he is also a part of government and faces various kinds
of pressure to not to rule against the central government.
The concept of Tribunals is in itself problematic as they are funded by the
parent ministry and hence it exercises control over the tribunal and its
decisions. The need for experts in the tribunal is also problematic concept
because the NGT has to decide the question of law and does not have to do
fact finding. The expert knowledge is not needed in granting compensation or
awarding punishment. For this there needs to be a knowledge of law. The
Indian evidence act provides specifically for the statement of expert witness in
cases where some special knowledge is required than what is the need for
appointing experts in the tribunal itself.[8]

The tribunal also faces a lack of resources for its proper functioning. The NGT
was operating from a guest house earlier. Also the members of the tribunal
were not given houses and were living in government guest house. The funds
were decreased further without taking into consideration the fact that NGT is
already suffering from lack of adequate funding. The law commission report
on the environmental courts suggested that one such court should be
established in every state. But the NGT has only 5 benches. This has created
problem for common citizens asking for justice as it is difficult to approach a
court which is in different state and far from their home. The establishment of
NGT also took away the right of civil courts to admit cases regarding
environmental issues. So it is now compulsory to file the case before the NGT
in these cases. Now even a PIL cannot be filed in the High Court of the state
for environmental issues as all environmental litigation shall be dealt only by
the five benches of NGT. There is a need for environmental tribunal on district
bases but present system is not even providing it on state basis.

[1]186Th Report on Proposal to Constitute Environment Courts.

[2] SLP (civil) No(s). 12065/2009

[3] Section 5, national green tribunal act, 2010

[4] Section 18(2), national green tribunal act, 2010

[5] Citizens welfare forum v. union of India(1996) 5 SCC 647

[6] Section 19(3), national green tribunal act, 2010

[7] http://www.conservationindia.org/resources/ngt, last accessed 12/9/2015

at AM10.30

[8]http://www.thehindu.com/opinion/op-ed/law-of-the-
jungle/article5244600.ece, last accessed 12/9/2015 at AM10.30

https://blog.ipleaders.in/powers-functions-national-green-tribunal/#_ftnref2

ambit of environment protection

commentaries before the commencement of NGT act,2010.

We need to find the cases that justify the passing of NGT act.

What is the ambit of jurisdiction of NGT in environment protection?

Territorial and subject matter jurisdiction of NGT?

A claim for Compensation can be made for:

1. Relief/compensation to the victims of pollution and other environmental damage

including accidents involving hazardous substances;
2. Restitution of property damaged;
3. Restitution of the environment for such areas as determined by the NGT.

4. Can I personally argue a matter before the NGT or do I need a lawyer?

5. Yes. You can argue the matter yourself provided you are well acquainted with the
facts and are reasonably knowledgeable about the law and procedures. The
language of the NGT is English, and some guidelines related to dress apply.
However, it would be best if a lawyer represents you since (s)he will be better
equipped to argue and handle all procedural aspects.

Yes. With the enactment of the NGT Act, Civil courts cannot hear matters related to
Environmental issues under the seven laws which the NGT is empowered to deal with.
The NGT has the power to hear all civil cases relating to environmental issues and
questions that are linked to the implementation of laws listed in Schedule I of the NGT Act.
These include the following:

1. The Water (Prevention and Control of Pollution) Act, 1974;

2. The Water (Prevention and Control of Pollution) Cess Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act, 1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.

THE PUBLIC LIABILITY INSURANCE ACT, 1991. An Act to provide for public
liability- insurance for the purpose of providing immediate relief to the persons affected by
accident occurring while handling any hazardous substance and for matters connected
therewith or incidental thereto.