QUES:1

What do you understand by sustainable development? Trace its evolution in the

international environmental jurisprudence. Comment upon the role and contribution of
India towards the objective of implementing sustainable development.
ANS:
MEANING OF SUSTAINABLE DEVELOPMENT

Sustainable development is the overarching paradigm of the United Nations. The concept of
sustainable development was described by the 1987 Bruntland Commission Report as
“development that meets the needs of the present without compromising the ability of future
generations to meet their own needs.” 
 There are four dimensions to sustainable development – society, environment, culture and
economy – which are intertwined, not separate. Sustainability is a paradigm for thinking about
the future in which environmental, societal and economic considerations are balanced in the
pursuit of an improved quality of life. For example, a prosperous society relies on a healthy
environment to provide food and resources, safe drinking water and clean air for its citizens. 
 One might ask, what is the difference between sustainable development and sustainability?
Sustainability is often thought of as a long-term goal (i.e. a more sustainable world), while
sustainable development refers to the many processes and pathways to achieve it (e.g.
sustainable agriculture and forestry, sustainable production and consumption, good government,
research and technology transfer, education and training, etc.).
 To date, Education for Sustainable Development has been integrated into many global
frameworks and conventions related to key areas of sustainable development.

Sustainable Development and Customary International Law

Academic objection to the existence of a general rule of customary international law relating to
sustainable development has been fierce, and is based on a variety of arguments. If some see
enough evidence of opinio juris and state practice to prove the existence of a customary rule, be
it a very abstract and general one that requires case by case concretization,36 others avoid this
difficult question by emphasizing that the relevance of sustainable development is to be found
elsewhere than in its legal nature,37 and notably in the influence it exerts on international law as
a new branch of that discipline.38 Yet another stream of commentary denies that sustainable
development has reached the stage of being a customary norm, or is even capable of that.39 The
most powerful objection to sustainable development’s customary status has been articulated by
Lowe, for whom ‘there is, in the catalogue of treaty provisions, declarations and so on that use
the term “sustainable development”, a lack of clear evidence that the authors regarded the
concept as having the force of a rule or principle of customary international law’.40 And that is
because ‘the concept of sustainable development is inherently incapable of having the status . . .
of a rule of law addressed to States and purporting to constrain their conduct’.41 Lowe reaches
this conclusion because treaty and other provisions relating to sustainable development lack
fundamentally norm-creating character and cannot, as such, form the basis of a general rule of
international law. In his view only a formula such as ‘states must develop sustainably’ would
have this character.42 It is apparent from the foregoing that when commentators assess
sustainable development’s customary nature they look for an answer to the question: Is there a
general obligation to develop sustainably? And certainly the answer is no. The flexible
formulations relating to sustainable development mean that evidence of opinio juris and state
practice of an obligation to develop sustainably is impossible to ascertain. However, to conclude
that there is no such general obligation does not mean that sustainable development does not find
reflection in custom. Such customary character can indeed flow from a positive answer to a
different question: is there an obligation to implement measures aimed at achieving sustainable
development? Or is there a general obligation to promote sustainable development? A positive
answer to these questions would affect only the normative category (obligations of means rather
than of result) sustainable development belongs to, not its normative nature.
INDIA TOWARDS OBJECTIVE OF IMPLEMENTING SUSTAINABLE
DEVELOPMENT

End poverty in all its forms everywhere

Past Poverty Reduction

Rapid growth (SDG 8) is the key weapon in any country’s arsenal to combat poverty. On the one
hand, it creates well-paid jobs, which place necessary purchasing power in the hands of
households to access food, clothing, housing, education and health. On the other, it brings ever-
rising revenues to the government to finance social spending. India has continued its programme
of economic reforms to achieve sustained rapid growth. The reforms have included fiscal
consolidation, inflation targeting, improved governance all around, accelerated infrastructure
development (SDG 9), curbing of corruption (SDG 16), Aadhaar Act (for providing unique
identity), Insolvency and Bankruptcy Act, Goods and Services Tax, further liberalization of
foreign direct investment and closure of sick units in the public sector. As a result, today, India is
the fastest growing major economy in the world. It grew 7.5% during fiscal year 2014-15, 8%
during 2015-16 and 7.1 % during 2016-17.

Another initiative relevant to this Goal is the Pradhan Mantri Jan-Dhan Yojana (PMJDY),
which was launched in 2014 for ensuring access to the entire gamut of financial services,
including banking, credit, insurance and pension. Under this programme, 280 million new
accounts have been opened thus far with deposits amounting to INR 639 billion (USD 9.9
billion). By facilitating the delivering of Government benefits directly into the accounts of
beneficiaries and minimising leakages, the initiative has enhanced the effectiveness of several
social security schemes in the country.

End hunger, achieve food security and improved nutrition and promote sustainable
agriculture

Significant progress has been made in improving food and nutrition security. Nevertheless,
challenges remain. For instance, a substantial reduction in stunted and underweight children has
been achieved between 2005-06 and 2015-16. But the absolute levels of stunted and underweight
children remain high.

Access to Nutritious Food

India’s food security programmes are among the largest in the world and cover more than 800
million people in the country by providing affordable access to grains. In recognition of
empirical evidence that women pay greater attention to food security, the ration card is issued in
the name of the senior most female member of the household.

Food governance in terms of responsiveness, transparency and accountability has improved

significantly. Nearly 232 million ration cards entitlingpeopletofoodandothersupplieshave been
digitized. Additionally, 77% of the ration cards have been linked to the unique identity number
thereby enabling cash transfers for promoting dietary diversity. Nearly 20 out of the 29 states in
India have automated the supply chains and Fair Price Shops (delivery outlets). An online
grievance redressal system has also been operationalized across the country.

Other programmes aim to address the nutrition security of specific population groups. For
instance, ICDS caters to the nutritional requirements of over 83 million young children and 19
million pregnant and lactating mothers in the country. The Mid-Day Meal Programme delivers
nutritious cooked meals to 100 million children in primary schools.

Agricultural Productivity and Farmers’ Income

Small and marginal farmers constitute nearly 80% of all Indian farmers. More than 90% of them
are engaged in rain-fed agriculture. It is therefore crucial to raise farmers’ income by adopting
different strategies.

Several states in India have made progress with respect to revising their land leasing Acts along
the lines of a Model Act developed by NITI Aayog. The Model Act is aimed at protecting the
rights of the tenant while also ensuring that the landowner does not run the risk of losing the
ownership of her land to the tenant.
QUES: 2

The Constitution of India is the source of Indian environmental jurisprudence, and the Supreme
Court of India has played a proactive role in constitutionalising fundamental environmental
principles. Identify the constitutional provisions and those principles with the help of decided
cases.

ANS:

INTRODUCTION

The environment is the wellspring of life on earth like water, air, soil, etc., and determines the
presence, development, and improvement of humanity and all its activities. The concept of
environmental protection and preservation is not new. It has been intrinsic to many ancient
civilizations. Ancient India texts highlight that it is the dharma of each individual in the
society to protect nature and the term ‘nature’ includes land, water, trees and animals which are
of great importance to us. In the ‘Atharva Veda’, the ancient Hindu Scepters stated: “What of
thee I dig out, let that quickly grow over”.
The Healthy Environment is the comprehensive term encompassing all such natural and biotic
factors that make possible to entertain Right to life in the true spirit.
The environment furnishes all essentials for life and so there has been a close link between the
environment and human beings. Without a natural and congenial environment, human existence
is not possible on earth. Since time immemorial, the man had made conscious and determined
efforts to make use of the natural resources and to modify his surroundings so that the adverse
impact caused by extremes of temperature rainfall and predators may be reduced.

PROVISION OF CONSTITUTION IN RELATION TO ENVIRONMENT

Article 47 – Duty of the State to raise the level of nutrition and the standard of living and to
improve public health. The State shall regard the raising of the level of nutrition and the standard
of living of its people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavor to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 51A (g) – To protect and improve the natural environment including forests, lakes, rivers,
and wildlife, and to have compassion for living creatures;

Article 253 – Legislation for giving effect to international agreements. Notwithstanding anything
in the foregoing provisions of this Chapter, Parliament has the power to make any law for the
whole or any part of the territory of India for implementing any treaty, agreement or convention
with any other country or countries or any decision made at any international conference,
association or other bodies.

Article 246 – Subject matter of laws made by Parliament and by the Legislatures of States:(1)
Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has exclusive power to make laws
with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Article 32
– Remedies for enforcement of rights conferred by this Part (1) The right to move the Supreme
Court by appropriate proceedings for the enforcement of the rights conferred by this Part is
guaranteed (2) The Supreme Court shall have power to issue directions or orders or writs.

Article 226 – Power of High Courts to issue certain writs Notwithstanding anything in Article
32 every High Court shall have powers, throughout the territories in relation to which it exercises
jurisdiction, to issue to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibitions, quo-warranto and certiorari, or any of them, for the enforcement of any
of the rights conferred by Part III and for any other purpose

IMPORTANT PRINCIPLES EVOLVED BY INDIAN JUDICIARY – Environmental

Jurisprudence

• Polluter Pays Principal – it supports a remedial methodology which is concerned with repairing
natural harm. It’s a rule in international environmental law where the polluting party pays for the
harm or damage done to the natural environment. It was made part of the constitutional ruling in
case of Vellore Citizen’s Welfare Forum v. Union of India [AIR 1996 SC 2715]

• Precautionary Principle – Environmental measures must anticipate, prevent and attack the
causes of environmental degradation Lack of scientific certainty should not be used as a reason
for postponing measures.

• Public Trust Doctrine – The Public Trust Doctrine primarily rests on the principle that certain
resources like air, water, sea and the forests have such a great importance to people as a whole
that it would be wholly unjustified to make them a subject of private ownership. It was
established in case of M.C. Mehta v. Kamalnath & Others. [(1997)1 SCC 388]

• Doctrine of Sustainable Development– Supreme Court observed that sustainable development

has come to be accepted as a viable concept to eradicate poverty and improve the quality of
human life while living within the carrying capacity of the supporting ecosystem in Vellore
Citizens’ case and RLEK, Dehradun case.

• Fundamental Right of Water – In Narmada Bachao Andolan v. Union of India and Ors., the
Supreme Court of India upheld that “Water is the basic need for the survival of human beings
and is part of the right to life and human rights as enshrined in Article 21 of the Constitution of
India.

• Doctrine of Absolute Liability– THE BHOPAL CASE: Union Carbide Corporation v. Union
Of India (1989). In this case, the court held that, where an enterprise is occupied with an
inherently dangerous or a hazardous activity and harm results to anybody by virtue of a mishap
in the operation of such dangerous or naturally unsafe movement coming about, for instance, in
getaway of poisonous gas, the enterprise is strictly and completely obligated to repay every one
of the individuals who are influenced by the accident and such risk is not subject to any
exemptions. Accordingly, Supreme Court created another trend of Absolute Liability without
any exemption.

LANDMARK CASES THAT LED TO EVOLUTION OF ENVIRONMENTAL

JURISPRUDENCE
• Sanitation in Ratlam: In a landmark judgment in 1980, the Supreme Court explicitly
recognized the impact of a deteriorating urban environment on the poor. It linked basic public
health facilities to human rights and compelled the municipality to provide proper sanitation and
drainage. [Municipal Council, Ratlam v. Shri Vardhichand & Ors, 1980 AIR 1622]

• Doon valley quarrying: In 1987, the Rural Litigation and Entitlement Kendra, on the behalf of
residents of the Doon valley, filed a case in the Supreme Court against limestone quarrying. This
case was the first requiring the Supreme Court to balance environmental and ecological integrity
against industrial demands on forest resources. The courts directed the authorities to stop
quarrying in the Mussoorie hills. [Rural Litigation & Entitlement Kendra v. State Of U.P, 1989
AIR 594]

• Gas leak in Shriram factory: In the historic case of the oleum gas leak from the Shriram Food
and Fertilizer factory in Delhi, in 1986, the Supreme Court ordered the management to pay
compensation to the victims of the gas leak. The “absolute liability” of a hazardous chemical
manufacturer to give compensation to all those affected by an accident was introduced in this
case and it was the first time compensation was paid to victims. [M.C. Mehta & Anr. Etc vs
Union Of India & Ors., 1987 AIR 965]

• Construction in Silent Valley: In 1980, the Kerala High Court threw out a writ filed by the
Society for the Protection of the Silent Valley seeking a ban on construction of a hydro-electric
project in the valley. However, despite an unfavorable judgment, active lobbying and grassroots
action by environmentalists stopped the project.

CONCLUSION AND SUGGESTION

The government of India, as well as State Government, have now started to chart out the plans
sector wise, a layout was drafted, guidelines being issued, compliance report is being submitted
to Higher courts regarding steps taken by them to ensure the standard of environment protection.
Environmental law has seen considerable development in the last two decades in India. Most of
the principles under which environmental law works in India come within this period. The
development of the laws in this area has seen a considerable share of the initiative by the Indian
judiciary, particularly the higher judiciary, consisting of the Supreme Court of India and the High
courts of states. PIL has proved to be an effective tool in the area of environmental protection.
The Indian judiciary adopted the technique of public interest litigation for the cause of
environmental protection in many cases. The basic ideology behind adopting PIL is that access
to justice ought not to be denied to the needy for the lack of knowledge or finances. In PIL, a
public-spirited individual or an organization can maintain petition on behalf of poor and ignorant
individuals. Due to PIL, the court indicated contractors of indiscriminate mining operations
which had disturbed and destroyed ecological balance and ordered for their closure in the interest
of protection of natural environment and conservation of natural resources for public health.

QUES 3 : The Environmental Protection Act, 1986 (EPA) is an also known as the ‘Umbrella
Legislation’ since it lays down the essential framework for Central Government to coordinate
activities of the Central and State authorities established under different environmental laws. In
the light of the above statement critically examine the salient features of the EPA with special
reference to Section 3 and 5 of the Act.

ANS: Introduction to Environment (Protection) Act,1986

The Environment (Protection) Act was enacted in the year 1986. It was enacted with the main
objective to provide the protection and improvement of environment and for matters connected
therewith. The Act is one of the most comprehensive legislations with a pretext to protection and
improvement of the environment.

The Constitution of India also provides for the protection of the environment. Article 48A of the
Constitution specifies that the State shall endeavour to protect and improve the environment and
to safeguard the forests and wildlife of the country. Article 51 A further provides that every
citizen shall protect the environment.

Objectives

•As mentioned earlier, the main objective of the Act was to provide the protection and
improvement of environment and for matters connected therewith. Other objectives of the
implementation of the EPA are:

•To implement the decisions made at the UN Conference on Human Environment held at
Stockholm in June 1972.

•To enact a general law on the areas of environmental protection which were left uncovered by
existing laws. The existing laws were more specific in nature and concentrated on a more
specific type of pollution and specific categories of hazardous substances rather than on general
problems that chiefly caused major environmental hazards.

•To co-ordinate activities of the various regulatory agencies under the existing laws

•To provide for the creation of an authority or authorities for environmental protection

•To provide deterrent punishment to those who endanger the human environment, safety and
health

Scope and Applicability

The Environment (Protection) Act is applicable to the whole of India including Jammu &
Kashmir. It came into force on November 19, 1986.

Definitions

Section 2 of the EPA deals with definitions. Some important definitions provided in the Section
are:
Section 2 (a) “Environment” includes water, air, and land and the interrelationship that exists
among and between water, air and land and human beings, other living creatures, plants, micro-
organism and property. This definition is not exhaustive but an inclusive one.

Section 2 (b) “Environmental Pollutant” means any solid, liquid or gaseous substance present in
such concentration as may be, or tend to be injurious to environment.

Section 2 (c) “Environmental Pollution” means the presence in the environment of any
environmental pollutant. This implies an imbalance in the environment. The materials or
substances when after mixing in air, water or land alters their properties in such manner, that the
very use of all or any of the air-water and land by man and any other living organism becomes
lethal and dangerous for health.

Section 2 (e) “Hazardous Substance” means any substance or preparation which, by reasons of
its chemical or Physico-chemical properties or handling, is liable to cause harm to human beings,
other living creatures, plants, micro-organism, property or environment.

Powers of Central Government to take measures to Protect and Improve Environment

According to the provisions of the Act, the Central Government shall have the power to take all
such measures as it deems necessary or expedient for the purpose of protecting and improving
the quality of the environment and preventing controlling and abating environmental pollution.

Such measures may include measures with respect to all or any of the following matters, namely:

co-ordination of actions by the State Governments, officers and other authorities- (a) under this
Act, or the rules made thereunder, or (b) under any other law for the time being in force which is
relatable to the objects of this Act;

planning and execution of a nation-wide programme for the prevention, control and abatement of
environmental pollution;

laying down standards for the quality of the environment in its various aspects;

laying down standards for emission or discharge of environmental pollutants from various
sources whatsoever: Provided that different standards for emission or discharge may be laid
down under this clause from different sources having regard to the quality or composition of the
emission or discharge of environmental pollutants from such sources;

restriction of areas in which any industries, operations or processes or class of industries,

operations or processes shall not be carried out or shall be carried out subject to certain
safeguards;

laying down procedures and safeguards for the prevention of accidents which may cause
environmental pollution and remedial measures for such accidents;

laying down procedures and safeguards for the handling of hazardous substances;

examination of such manufacturing processes, materials and substances as are likely to cause
environmental pollution;

carrying out and sponsoring investigations and research relating to problems of environmental
pollution;

inspection of any premises, plant, equipment, machinery, manufacturing or other processes,

materials or substances and giving, by order, of such directions to such authorities, officers or
persons as it may consider necessary to take steps for the prevention, control and abatement of
environmental pollution.

QUES 4 :
Critically examine the forest policy of India with reference to the statutory enactments made in
pursuit of the policy. Also discuss the role of judiciary in the preservation of forests.
ANS:

INTRODUCTION

The basic issue is to protect the forests, wherever they are situated within the boundaries of the
nation. The Forest Policies in India aim at three main areas in the context of protection and
preservation of the forests.
The principal aim of forest policy must be to ensure environmental stability and maintenance of
ecological balance including atmospheric equilibrium, which are vital for sustenance of all life
forms, human, animals and plants. The derivation of direct economic benefit must be
subordinated to this principal aim.

They can be generalized as:

(i) Protecting the forests from illicit felling, encroachment, forest fires, grazing, etc.

(ii) Reducing the damage to the forests from insects/fungus/diseases, etc.

(iii) Reforesting areas that may need trees for the ecological balance of the region.

Organization of the Forest Sector in India: 

The forests in India are almost owned by the government and any afflictions to the forests must
be reported to the Forest Departments, which are agencies of the Government of India. In each
state, the forestry sector is headed by a Principal Chief Conservator of Forests.

The Ministry of Environment and Forests is the key administrative agency for planning and co-
ordination of environmental and forestry programmes. The Ministry of Environment and Forests
can be contacted at: Paryavaran Bhavan, CGO complex, Lodhi Road, New Delhi 110003, India,
Under the Ministry of Environment and Forests come the various agencies that cater to a variety
of needs of the forest sector, like.

i. Research

ii. Conservation

iii. Consultancy

iv. Education, and

v. Direct involvement in the reforestation process.

 Basic Objectives: 
The basic objectives that govern the national forest policy are the following: 
(i) Maintenance of environmental stability through preservation and, where necessary,
restoration of the ecological balance that has been adversely disturbed by serious depletion of the
forests of the country.
(ii) Conserving the natural heritage of the country by preserving the remaining natural forests
with the vast variety of flora and fauna, which represent the remarkable biological diversity and
genetic resources of the country.

(iii) Checking soil erosion and denudation in the catchment areas of rivers, lakes and reservoirs
in the interest of soil and water conservation, for mitigating floods and droughts and for the
retardation of siltation of reservoirs.

(iv) Checking the extension of sand dunes in the desert areas of Rajasthan and along the coastal
tracts.

(v) Increasing substantially the forest/tree cover in the country through massive afforestation and
social forestry programmes, especially on all denuded, degraded and unproductive lands.

(vi) Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the
rural and tribal populations.

(vii) Increasing the productivity of forests to meet essential national needs.

(viii) Encouraging efficient utilization of forest produce and maximizing substitution of wood.

(ix) Creating a massive people’s movement with the involvement of women, for achieving these
objectives and to minimize pressure on existing forests.

 Strategies for Achieving the Objectives: 

The Government had provided the following strategies for the achievement of the
objectives: 
(i) Increased implementation of afforestation, social forestry and farm forestry programmes.

(ii) Efficient and effective management of the State Forests.

(iii) Rights and privileges for the tribals living in that area.

(iv) Corporate participation in the compensatory afforestation and regeneration processes.

(v) Special care to be given to wildlife protection.

(vi) Reducing forest encroachments by stricter monitoring of the forests and also against forest
fires and overgrazing.

(vii) To emphasize the forest based industries to look for the raw material as far as possible
outside the forests.

(viii) Forest extension programmes like urban forestry is to be encouraged.

(ix) Forestry education and awareness to be given more importance.

(x) The use of modern technology to improve the quality of periodical collection and publication
of reliable data on forests.

(xi) The enactment of appropriate legislation that will help in speeding up the process of forest
conservation.

ROLE OF INDIAN JUDICIARY IN PRESERVING FORESTS

 Interpretation of forest conservation act:

Section 2(2) of Forest Conservation Act restricts that no forest land can be used for any non
forest purpose without the consent of the Central Government. The term non forest purpose
means the breaking up or clearing of any forest land or portion thereof for-

1. The cultivation of tea, coffee, spices, rubber, palms, oil bearing, plants, horticulture crops
or medical plants;
2. Any purpose other than reforestation

But does not include any work relating or ancillary to conservation, development and
management of forests and wild-life, namely, the establishment of check-posts, fire-lines,
wireless communication, and construction of fencing, bridges and culverts, dams, water hotels,
trench marks, boundary marks, pipelines or other like purposes. There are many cases, wherein
the court had to deal with the questions relating to interpretation of Section 2(2) and various
other provisions of FCA Act,1980. Some of the important cases regarding the interpretation of
FCA Act,1980 are as follows:-
T.N. Godavarman Thirumulkpad v. Union of India is the landmark case of the Supreme Court of
India in history of conservation of Forest in India by the Judiciary. In the instant case, the felling
of the trees was taken as serious threat to botany of India. Under this particular case, the
Supreme Court of India has made more than 120 pronouncements for the protection and
conservation of forest in India. This case is the example of the activist role played by the Indian
Judiciary for the protection and conservation of the forest.

In the case in hand, various writ petitions were filed which were heard and decided jointly by the
court. Many of the writ petitions were relating to the issue of existence of wood based industry in
the forest area. The case is mainly related to interpretation of Section 1 and Section 2(2) of
Forest Conservation Act, 1980. In the instant case, the court held that installation of saw
machines  and building hotels, homes etc in the river based area located in the forest would be
considered that forest land is utilised for non-forest purpose and removal of such area for the
purposes stated above would require the consent of the Central Government under Forest
Conservation Act,1980. The court further defined the term ‘forest’ which is nowhere defined in
the Act. The court held that the term forest must be interpreted as per the dictionary meaning and
the terms ‘forest’ must include all areas which are recorded as forest in records of the
government without having regard to the ownership of the forest. It means private forest land are
also to be considered as forest and those land can also not be utilised for non-forest purpose
without taking prior approval of the Central Government.

QUES 5: The National Green Tribunal (NGT) Act of 2010, is a landmark legislation for
providing effective and expeditious disposal of cases relating to environmental protection and
conservation of forests and other natural resources. In the light of the above statement prepare an
exhaustive note on the role, evolution, salient features and weakness of the NGT.

INTRODUCTION

In India, the National Green Tribunal acts as an important player in Indian environmental
regulation. The Supreme Court of India in its series of judgment highlighted the need of setting
up of special environmental courts, 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. Finally, the National Green Tribunal
has been established on 18.10.2010 under the National Green Tribunal Act 2010 for 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 the environment
and giving relief and compensation for damages to persons and property and for matters
connected therewith or incidental thereto. It is a specialized body equipped with the necessary
expertise to deal with environmental disputes involving multi-disciplinary issues.
OBJECTIVE

The objective of establishing a National Green Tribunal are as follows:

 To provide 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 the environment.
 Giving relief and compensation for damages to persons and property
 And other related matters.

SALIENT FEATURES

The salient features of National Green Tribunal are as follows:

 The NGT is not bound by the procedure laid down under the Code of Civil Procedure,
1908, but shall be guided by principles of natural justice.
 NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act,
1872.
 It will be relatively easier for conservation groups to present facts and issues before the
NGT, including pointing out technical flaws in a project, or proposing alternatives that
could minimize environmental damage but which have not been considered.
 While passing Orders, decisions, awards, the NGT will apply the principles of sustainable
development, the precautionary principle and the polluter pays principles. However, it
must be noted that if the NGT holds that a claim is false, it can impose costs including
lost benefits due to any interim injunction.

JURISDICTION

As per Section 14 (1) The National Green Tribunal has jurisdiction over all civil cases where a
substantial question relating to environment (including enforcement of any legal right relating to
environment), is involved and such question arises out of the implementation of the enactments
specified in Schedule I of the National Green Tribunal Act 2010. The acts listed in Schedule 1
are:

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

  The Water (Prevention and Control o[Pollution) Cess Act, 1977;
 The Forest (Conservation) Act,
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

The Tribunal shall hear the disputes arising from the questions referred to in subsection (I) and
settle such disputes and pass orders thereon.

Appellate jurisdiction under section 16 of the Act. As per Section 15 (1) of the Act, the Tribunal
may, by an order, provide,-

relief and compensation to the victims of pollution and other environmental damage arising
under the enactments specified in Schedule 1 (including accident occurring while handling any
hazardous substance);

for restitution of property damaged;

for restitution of the environment for such area or areas, as the Tribunal may think fit.

REVIEW AND APPEAL

Orders can be appealed to the Supreme Court within 90 days.

LANDMARK NGT JUDGEMENTS

1. Rural Litigation and Entitlement Kendra, Dehradun and Ors. v. State of U.P. and Ors.[1]

Article 21 of the Indian Constitution has been interpreted to mean several things. One of such
interpretations laid down by the court was that people do have a right to live in a healthy
environment; right to have the enjoyment of quality of life and living and right of enjoyment of
pollution free water and air for full enjoyment of life.

2. Ms. Betty C. Alvares v. The State of Goa and Ors.[2]

Even a Foreign National Can Approach the NGT.

3. Almitra H. Patel & Ors. vs. Union of India and Ors.[3]

A complete prohibition on open burning of waste on lands. Absolute segregation has been made
mandatory in waste to energy plants and landfills should be used for depositing inert waste only
and are subject to bio-stabilization within 6 months.

4. Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co. Ltd. & Ors.
[4]

NGT has directly relied on the principle of ‘polluter pays’ and made a private entity liable to pay
compensation, making them subject to a code of environmental jurisprudence.

5. Samit Mehta vs. Union of India and Ors.[5]

This case was held to involve questions of public importance and significance of environmental
jurisprudence and ‘Polluter Pays’ principle was invoked.

6. Save Mon Region Federation and Ors. vs. Union of India and Ors. [6]

The Tribunal very proactively suspended the Environmental Clearance granted to the Project and
Directed the EAC to make a fresh appraisal of the proposal for environmental clearance grant
and asked the Ministry of Environment and Forest to make a separate study on the protection of
the said bird.

MAJOR CHALLENGES

There is the lack proper infrastructure as it functions from two different premises.

The body should have minimum 10 judicial and expert members, out of which only 2 judicial
members and 4 expert members have been appointed till date.

The number of environmental cases has been on the rise but due to lack of benches and
infrastructure, the body is unable to pronounce its judgment on time.

Despite various proactive support being taken by the tribunal, the pollution levels have been
continuously rising over the years. This is due to lack of effective support from government both
at the centre as well in states. The inefficiency of Central and State pollution control boards is
another reason for it. This often results in delays in implementing the tribunal’s decision.

The tribunal is not having suo-moto powers which also restricts its ambit in the area of the
environment.

CONCLUSION

NGT has done well so far but many improvements are still required to make accessible, speedy
and effective resolution of environmental disputes a practical reality. The Central and State
government should work in collaboration with NGT to secure the environment with better, faster
enforcement of NGT orders. In the act, there is a provision for appeal to the tribunal within a
period of 6 months of origin of the cause of an environmental problem. This is small time for
reflection of negative impacts of environmental changes. This shall be increased to considerable
time. The government should make it more autonomous and efficient in a view to the growing
concern regarding the environment and climate change. However, India is doing well when it
comes to the environmental or climate change issue as compared to other developed and
developing countries of the world.