NGT

The National Green Tribunal (NGT) has emerged as an important player in Indian environmental
regulation. It has issued orders on a variety of issues–ranging from pollution to deforestation to

waste management. It recently directed the Delhi government to de-register all diesel vehicles more
than 10 years old–a decision being opposed by many stakeholders, including the Central
Government.
Can you tell us about why and how was the NGT established?
The need to set up special environmental courts was highlighted by the Supreme Court of India in a
series of judgments, the first one being in 1986 in the Oleum Gas Leak case, and by the Law
Commission of India in its 186th report in 2003. The Court was of the opinion that environmental
cases raised issues, which required technical knowledge and expertise, speedy disposal, and
continuous monitoring, and therefore these cases should decided by special courts with necessary
expertise and technical assistance.
The National Green Tribunal was set up under the National Green Tribunal Act, 2010 (NGT Act). The
objective of the NGT Act is to provide effective and expeditious disposal of cases relating to the
protection of the environment. Even though the Act came into force on 2 June 2010, the first
hearing of the Tribunal was held only in May 2011. The Tribunal suffered from serious ‘teething
troubles’. Despite being a body constituted by an Act of Parliament, the Supreme Court had to
intervene to ensure necessary administrative arrangements were made by various branches of the
government for the Tribunal to become functional.
How does the Tribunal function?
The members of the Tribunal are a mix of persons with a legal/judicial background and those with
knowledge and expertise in environmental issues or with administrative experience. There is a
principal bench of the Tribunal in New Delhi and four regional benches in Bhopal, Kolkata, Pune and
Chennai. These are ‘co-equal benches’ i.e. the principal bench is not ‘higher’ in a judicial hierarchy
than the other benches. Each bench has a specified geographical jurisdiction.
The Tribunal has original (to be the first judicial forum to hear a case) and appellate (review a
regulatory authority's decision) jurisdiction with regard to the implementation of seven
environmental laws. These are the Water (Prevention and Control of Pollution) Act, 1974, the Water
(Prevention and Control of Pollution) Cess Act, 1977, the Forest (Conservation) Act, 1980, the Air
(Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, the Public
Liability Insurance Act, 1991, and the Biological Diversity Act, 2002. The notable exception is the
Wildlife (Protection) Act, 1972 which is not included.
The Tribunal has original jurisdiction over all civil cases raising a substantial question relating to
environment and which arise out of the implementation of the seven laws. This makes the Tribunal a
crucial avenue for grievance redressal for persons who wish to highlight environmental issues which
have serious implications but are not linked to a single government decision.
For instance, cases relating to the widespread pollution in the River Ganga and Yamuna, increasing
air pollution in the National Capital Region, and illegal mining activities in different parts of the
country have all been brought before the Tribunal under its original jurisdiction.
While exercising its appellate jurisdiction, the Tribunal decides cases in which a regulatory approval
or consent granted (or rejected) by the relevant government agency is being challenged.
Who can approach the NGT?
According to the NGT Act, an aggrieved person can file a case before the Tribunal, and could be an
individual, a company, a firm, an association of persons (like an NGO), even if not registered or
incorporated, a trustee, a local authority (like a municipal corporation), or a government body (like
the State Pollution Control Board). The person need not be directly affected by the project or
development in question, but could be any person who is interested in protecting and preserving the
environment. There is a time period within which the case has to be brought before the Tribunal,
which varies according to the type of case.
What kind of decisions can the NGT deliver, and what is the timeline?
The Tribunal has the power to cancel an approval or consent granted. It can also issue a stop work
notice or an interim stay order. It can direct the constitution of a committee of experts to carry out
fact finding or monitor the implementation of its orders. It can also direct the demolition of
unauthorized construction. The Tribunal also has jurisdiction to order payment of compensation to
victims of environmental damage or an environmental restoration fine to a government agency for
restitution of damaged environment.
The NGT Act requires the Tribunal to hear cases as expeditiously as possible and endeavour to
decide the case within six months from the date on which the case is filed. Despite this indicative
timeline, it often takes longer as all parties have to be heard and allowed to present necessary
evidence, and sometimes, the Tribunal initiates special investigations into facts, which may take up
additional time.

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The National Green Tribunal (NGT) has emerged as an important player in Indian environmental

regulation. It has issued orders on a variety of issues–ranging from pollution to deforestation to

How does the Tribunal function?

Who can approach the NGT?

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