10 Years of National Green Tribunal

10 Years of National Green Tribunal
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This article is based on “The hues in the green tribunal’s resilient journey” which
was published in The Hindu on 19/10/2020. It talks about the benefits and associated
challenges with the National Green Tribunal.
The National Green Tribunal (NGT) is one of the few dedicated environmental courts
in the world. The jurisdiction of NGT has an all-encompassing scope, which covers forests,
wildlife, environment, climate change and coastal protection.
Since its inception, the NGT has protected vast acres of forest land, halted polluting
construction activities in metros and smaller towns. It has protected the rights of tribal
communities and ensured the enforcement of the “polluter pays” principle in letter and
spirit.
Within its decade of existence, the NGT has delivered some important judgments and has
given a new outlook to environmental jurisprudence in India. However, there are several
challenges that act as a roadblock in efficient functioning of the NGT.
Genesis of NGT
M.C. Mehta & Anr. Etc vs Union Of India & Ors. Etc (1986) case: The then
Chief Justice of India, Justice P.N. Bhagwati had suggested setting up Environmental
Courts because:
Due to more cases involving issues of environmental pollution, ecological
destruction and conflicts over natural resources.
Increasing need for assessment and evolution of scientific and technical data
regarding environmental matters.
A.P. Pollution Control Board vs Prof. M.V. Nayudu (1999) case: The
Supreme Court in the landmark case, emphasised on the need for a court that was “a
combination of a Judge and Technical Experts” with an appeal to the Supreme Court
from the Environmental Court.
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Establishment of NGT: The NGT was established on 18 th October, 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.
New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune,
Kolkata and Chennai shall be the other four places of sitting of the Tribunal.
The Tribunal is not bound by the procedure laid down under the Code of Civil
Procedure, 1908, but shall be guided by principles of natural justice.
Important Judgment Given By NGT

In the Almitra H Patel Vs Union of India case, it directed states to implement
Solid Waste Management Rules and prohibited open burning of waste on lands.
In 2012, NGT suspended the clearance given to the South Korean steel maker,
POSCO, to set up a 12 million-tonne steel plant in Odisha.
In the Save Mon Federation Vs Union of India case, the NGT suspended a
₹6,400-crore hydro project, to save the habitat of a bird.
A December 2016 amendment to EIA 2006 notification — the amendments basically
sought to give local authorities powers to grant environmental clearance to builders
— was nullified by the NGT, terming it as a “ploy” (by the government) to circumvent
the 2006 rules.
Many Projects which were approved in violation of the law such as an Aranmula
Airport, Kerala; Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal
Pradesh; mining projects in in Goa; and coal mining projects in Chhattisgarh were
either cancelled or fresh assessments were directed.
Benefits of NGT
Dedicated Court For Environmental Matters: NGT ensures enforcement of
any legal right relating to the environment and provides relief and compensation for
damages to persons and property and for matters connected therewith or incidental
thereto.
Apart from this, the burden on the High Courts and the Supreme Court is also
reduced.
Allows Specialization: NGT is staffed with judges and environmental experts.
This makes it a specialized body equipped with the necessary expertise to handle
environmental disputes involving multi-disciplinary issues.
The NGT also employs legal and scientific methods and assessed environment
impact assessment reports before deciding the case.
Wider Reach: The quality of time spent on these issues could also be increased as,
unlike the Supreme Court, the tribunal could have benches in various States, thereby
increasing access to all citizens.
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Time Bound Disposal of Cases: The Tribunal is mandated to make an endeavor
for disposal of applications or appeals finally within 6 months of filing of the same.
Associated Challenges
Limit to Jurisdiction: Two important acts - Wildlife (Protection) Act, 1972
and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction.
This restricts the jurisdiction area of NGT and at times hampers its functioning
as the crucial forest rights issue is linked directly to the environment.
Obstacle to Development: Decisions of NGT have also been criticised and
challenged due to their repercussions on economic growth and development.
Looming Vacancies: NGT only has three judicial and three expert members
against the sanctioned strength of 10 each.
The lack of human and financial resources has led to high pendency of cases -
which undermines NGT’s very objective of disposal of appeals within 6 months.
Additional Layer to Judicial Process: NGT was conceptualised to ease out the
burden on the higher courts. However, the Supreme Court in L Chandrakumar case,
opined that Tribunals could not be effective substitutes of High Courts under Articles
226 and 227.
This eventually leads to cases reaching the judiciary by way of appeal.
Limited Regional Benches: NGT being located in only big cities spread across
India. However, environmental exploitation is also taking place in the tribal areas of
dense forest.
Therefore, the justice delivery mechanism is also hindered by a limited number
of regional benches.
Way Forward
Expansion of Regional Benches: NGT benches have to expand manifolds. These
new regional benched should have been based in a place that has the highest forest
cover or large mineral deposit.
System of Larger Bench in NGT: Appeal may be provided against the order of
the NGT before a larger Bench of the Tribunal before the matter reaches to the
Supreme Court or High Court.
Addressing Administrative Inadequacy: Vacancies in NGT, needs to be filled
as soon as possible.
Collaborative Approach: There is a need for the central and state governments to
work in collaboration with the NGT for balancing between environment & economy.
NGT should also identify institutions and experts who can help it to
scientifically estimate environmental damages/compensation/fines on a case-
to-case basis.
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Conclusion
In the present era, equilibrium between development and environment is of utmost
importance.
Therefore, NGT should not be seen as an not been seen as obstacle to development but a
way to sustainable development“. Thus, the government must address all underlying issues
related to NGT as soon as possible.
Drishti Mains Question
The National Green Tribunal (NGT) has given a new outlook to environmental
jurisprudence in India. Critically Analyse.
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