Department of Law

ASSAM UNIVERSITY,SILCHAR

ASSIGNMENT ON: Powers of Green Tribunal

Submitted to:- Sandeep Kumar Suman
(Assistant professor)
Subject:- Environmental law (204)
Submitted by: Suraj Kamal Das
LLM, 2nd semester
Rollno. -16
 Contents

Introduction:
Composition:
Objectives:
Powers of National Green Tribunal:
Judgements by National Green Tribunal:
Conclusion:
References:
Introduction:

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 the
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 the degradation
of environment at a large scale in India and the priority in the last decade had gradually shifted to
protection of the environment.

In 2010, the government enacted the National Green Tribunal (NGT) Act which enabled the
creation of a special green tribunal that would handle the cases concerning environmental issues.
The inspiration for this came from Article 21 of the Constitution of India which guarantees the
citizens of India a right to a clean and healthy environment.

After the enactment of the National Green Tribunal Act, 2010, India became the third country in the
world after New Zealand and Australia which has special fast-track courts and quasi-judicial bodies
that deal with environment-related cases.

Since its establishment, the National Green Tribunal (NGT) has emerged as a powerful unit for the
enforcement or implementation of Environmental legislation made in India. Further, the National
Green Tribunal adds one more variation by providing a strict penalty for disregarding the orders
given by the tribunal. Thus, the implementation of these judgements of the tribunal results in
dealing with such cases in an effective manner as compared to other civil courts which used to deal
with environmental issues as well. In 1992, the United Nations Conference on Environment and
Development was held in Rio de Janeiro, India pledged to provide administrative and judicial
remedies for the victims who have suffered problems due to different pollutants and other
environmental damage. 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. 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
overburdened 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. 

Composition of National Green Tribunal

The tribunal shall consist of minimum of 10 members and not more than 20 members. This will be
in accordance with the notification given by the central government. The members will be a mix of
judges and expert members on environmental issues. In case of any deadlock i.e. the tie between
number of judges against and in favor of a decision the authority will remain in the hands of
chairperson to decide the case and break the deadlock.  Every bench of tribunal must consist of at
least one expert member and one judicial member

The qualification required by the person to become a chairperson is that he should have been a
Supreme Court judge or chief justice of a High Court and to become eligible for becoming a judicial
member of the tribunal the person should have been a judge of the High court. To be qualified as
an expert member of the tribunal a person shall possess a degree of master of sciences whether
physical sciences or life sciences with a doctorate degree or masters of technology or masters of
engineering having fifteen years of experience in that field with a five year experience in fields of
environment and forests. The composition of the National Green Tribunal is given in Section 4 of
Chapter II of the National Green Tribunal Act, 2010. 

 The tribunal shall consist of the following people:

o A full-time Chairperson;
o At least 10 members and not more than 20 members consisting of full-time
Judicial officials as notified by the Central Government from time to time;
o At least 10 members and not more than 20 members consisting of Experts as
notified by the Central Government from time to time. 
 The Chairperson may, anytime, invite anyone who has specialized knowledge and
experience regarding environmental issues filed before the Tribunal for the purpose of
assistance.
 By notification, the Central Government can anytime specify the sitting place of the
Tribunal and the territorial jurisdiction falling under all the places.
 In consultation with the Chairperson of the Tribunal, the Central Government can make
rules regarding the procedures and practices followed by the Tribunal which includes
the following:
o The rules regarding the persons who shall be entitled to appear before the
Tribunal;
o The rules regarding the procedure by which the Tribunal hears applications
and appeals and any other matter related to such applications or appeals.
o The rules regarding the number of members who can hear the appeals and
applications – with respect to their class or classes. The number of experts
hearing an appeal or application should be equal to the number of Judicial
members hearing the same appeal or application. The rules related to the
shifting of a case from one place to another by the Chairperson.
Objectives of the National Green Tribunal:

There are three important objectives of the National Green Tribunal, they are:

 The speedy and effective disposal of all the cases related to environmental protection
and other natural resources. All the previous pending cases will also be decided by the
Tribunal.
 Its main aim is to legally enforce all the rights relating to the environment.
 It accounts for providing compensation and justice to all the affected people in case of
any damage.
 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 186 th  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 Parliament passed the National Environmental Tribunal Act, 1995 but it was never
implemented. Subsequently, the National Environment Appellate Authority Act, 1997
was enacted under which the National Environment Appellate Authority was set up.
There were several problems in the functioning of the Authority, including its limited
mandate and key vacancies that the government did not fill. The Authority functioned
till October 2010 and was replaced by the National Green Tribunal.
 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.
Powers
 The Tribunal has jurisdiction over all civil cases involving substantial question relating to
environment (including enforcement of any legal right relating to environment).
 Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing
of an application, NGT also has appellate jurisdiction to hear appeal as a Court (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'.
 While passing any order/decision/ award, it shall apply the principles of sustainable
development, the precautionary principle and the polluter pays principle.
 NGT by an order, can provide
o relief and compensation to the victims of pollution and other environmental damage
(including accident occurring while handling any hazardous substance),
o for restitution of property damaged, and
o for restitution of the environment for such area or areas, as the Tribunal may think fit.
 An order/decision/award of Tribunal is executable as a decree of a civil court.
 The NGT Act also provides a procedure for a penalty for non compliance:
o Imprisonment for a term which may extend to three years,
o Fine which may extend to ten crore rupees, and
o Both fine and imprisonment.
 An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally
within ninety days from the date of communication.
 The NGT deals with civil cases under the seven laws related to the environment, these
include:
o The Water (Prevention and Control of Pollution) Act, 1974,
o The Water (Prevention and Control of Pollution) Cess Act, 1977,
o The Forest (Conservation) Act, 1980,
o The Air (Prevention and Control of Pollution) Act, 1981,
o The Environment (Protection) Act, 1986,
o The Public Liability Insurance Act, 1991 and
o The Biological Diversity Act, 2002.
 Any violation pertaining to these laws or any decision taken by the Government under these
laws can be challenged before the NGT
  . Most importantly, the National Green Tribunal has not been given the powers to hear
any cases relating to the Wildlife Protection Act1972, the Indian Forest Act 1927  and
various laws enacted by States relating to forests, tree preservation and various other
laws.
 The National Green Tribunal has jurisdiction to decide all the cases which involve
substantial questions regarding the environment and its protection and any legal rights
in connection with it.
 The tribunal, being a statutory authority, not only exercises original jurisdiction on filing
an application but also has appellate jurisdiction through which it hears appeals as a
Court. 
 The tribunal is not bound by the procedure mentioned under the Civil Procedure Code,
1908 and it applies the principles of natural justice while deciding any matter.
 All the principles such as sustainable development, polluter pays and precautionary
principles, are considered by the tribunal before deciding any case. 
 The National Green Tribunal, by an order can provide the following:
o Compensation and relief to all the people who are the victims of pollution
and environmental damage  and it also includes accidents which happen
while handling hazardous substances.
o Restitution of a damaged property
o Restitution of the environment for areas which the tribunal may think fit. 
 An appeal against any order given by the tribunal can be made before the Supreme
Court of India within ninety days from the date of communication of the order regarding
the case.
 Over the years the National Green Tribunal has emerged as a critical role player in regulating
environmental issues ranging from waste management to deforestation.
 By setting up an Alternative Dispute Resolution mechanism it helps in the evolution of
environmental jurisprudence. It helps in reducing burdens on higher courts as it specifically
deals with environmental cases that were decided by the civil courts earlier. It settles cases
with lesser expenses and is less formal and a faster way of settling cases is also followed by
 the tribunal. It plays an important role in curbing damage to the environment. The
Chairperson and the other members are not eligible for reappointment so they can give
judgments without any pressure

Section 19 of the national green tribunal act , 2010 mentions the powers of the tribunal. The
Tribunal is not bound by the Civil Procedure Code of 1908 or the Indian Evidence Act of 1872. The
tribunal has the authority to set its own laws. The tribunal has the same jurisdiction as a civil court
in hearing the case as prescribed by the CPC, 1908. summoning and compelling any person to
appear and interviewing him under oath Requiring the discovery and processing of documents and
production of documents. It accepts proof on affidavits and issues committees to examine the
witnesses or records. It reconsiders its decision. It also has the power to dismiss a default program
or decide it ex parte. It aids in setting aside any order that rejects an application for default or any
other order ex parte by it. On any application or appeal brought under this act, the tribunal can
make an interim order ( including issuing an injunction or a stay) after providing the parties with an
opportunity to be heard. .

National Green Tribunal Judgements

*In Ms. Betty C. Alvares vs. The State of Goa and Ors.  a complaint was made regarding the illegal
construction in Goa. It was being done by a person of foreign nationality. The maintainability of the
case was challenged even before the decision came. There were two objections raised in this case,
they were:

 The person has no locus standi in the matter as she was not from India and thus he
cannot file the petition before the tribunal under Article 21 of the constitution because
she has not been given any of these rights as a non-citizen.
 The matter was barred by the limitation law and should be dismissed. The case was
initiated in Goa but was then transferred to the National Green Tribunal.
The tribunal disagreed from the first objection in the case. The scope of Article 21 should not be
narrowed. The court held that even if the complainant was not Indian then also the application was
maintainable. A foreigner national can also approach the National Green Tribunal.

*In Almitra H. Patel & Ors. vs. Union of India and Ors., Mrs. Amrita Patel had filed a PIL under Article
32 of the Constitution in which the petitioner sought the urgent improvement in the practices
followed for the treatment of solid waste or garbage in India. The tribunal considered it one of the
major problems faced by India over the last few years as lakh tonnes of garbage go without proper
treatment and just dumped outside the city in the outskirts. The tribunal noted the requirement to
solve this problem and make it a source of power for the benefit of society. After hearing the case
the tribunal issued over 25 directions. The tribunal asked all the states and UTs to strictly follow and
implement the Solid Management Rule,. A complete prohibition on open burning of waste on lands
was made after the case.

*In Samit Mehta vs. Union of India and Ors., an environmentalist filed an application regarding the
damage caused by the sinking of a ship which was carrying coal, fuel oil and diesel. Due to the
sinking, a thick oil layer was formed on the surface of the sea which caused damage to the marine
ecosystem. The tribunal was of the view that negligence could be attributed to some of the
respondents and they had not adhered to the pre-voyage principles. In this case ‘Polluter Pays’
principle was invoked.

*In Save Mon Region Federation and Ors. vs. Union of India and Ors., an organization named Save
Mon Region Federation filed an appeal along with a social activist for the clearance given to a hydro
project worth INR 6,400 crore. The project was close to a wintering site for a bird Black-necked
Crane, which is included under Schedule I species under the Wildlife Protection Act of 1972. It also
comes under the ‘Threatened Birds of India’ literature by the appellants in this case.  

*In the case of Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda hydro Power Co. Ltd. &
Ors, the principle of no-fault liability got invoked. In this judgement, the NGT relied on the ‘polluter
pays’ principle and made a private entity liable to pay compensation. They were made the subjects
to a code of environmental jurisprudence.

*In 2012 Almitra H. Patel vs. Union of India case, NGT gave judgment of complete prohibition on
open burning of waste on lands, including landfills – regarded as the single biggest landmark case
dealing with the issue of solid waste management in India.

 In 2015, the NGT ordered that all diesel vehicles over 10 years old will not be permitted to ply
in Delhi-NCR.
 In 2017, the Art of Living Festival on Yamuna Food Plain was declared violating the
environmental norms, the NGT panel imposed a penalty of Rs. 5 Crore.
 The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-micron thickness in
Delhi because “they were causing animal deaths, clogging sewers and harming the
environment”.

Conclusion:
The fast expansion of Industries and the beginning of developmental activities in the country a large
number of environmental issues have begun to come up. There are a number of instances in which
these human activities have caused damage to the environment which in some cases cannot be
recovered.

India is one of the nations in the world who give a high amount of importance to environmental
conservation and its protection. There are already a number of legislations which have been passed
by the Parliament to deal with the environment and forest conservation and their protection. The
Green Tribunal adds another feather to this by specifically dealing with environmental issues. There
have been other such bodies like the NEAA and NETA which have failed to serve the purpose for
which they were established but it will be unfair to compare them to the Green Tribunal. Failures
committed in the past must not stop us from moving forward to new future beginnings. For a
country that has faced one of the world’s most horrifying industrial disasters i.e. the Bhopal Gas
Tragedy, the setting up of a body like the National Green Tribunal obviously seems to be a brilliant
idea. The critics of the Tribunal fear that it is going to deliver more of the same. 
Although, the Act is still facing a lot of criticism, yet its basic framework appears reassuring and it is
hard to say that it is not the step in the right direction. It would evoke the much-needed reform
within the method the courts contend with environmental problems and additionally the method
individuals understand environmental harm. With the introduction of a system that supports and
encourages environmental justice, the inexperienced assembly shall create the Indian nation a task
model for its neighbouring nations of South-East Asia. The National Green Tribunal has undoubtedly
proved to be a panacea, and it has achieved its objectives effectively. It is not bound by procedure
and does not include any structural formalities. There is no delay in the resolution of cases and has
fulfilled all the objectives for which it was created. Environmental protection, being the most
important concern of the nation, the creation of the tribunal seems to be an appropriate step taken
at an appropriate time. Its constitution has not only led to fruitful results in the national context but
has also marked its image as a rising star on the international front. Since time immemorial, India
has been a country supporting environmentalism and its tendency to conserve nature and its gifts
cannot be overlooked.

References

1.http://www.thehindu.com/opinion/op-ed/law-of-the-jungle/
article5244600.ece
2.http://www.conservationindia.org/resources/ngt

https://blog.ipleaders.in/powers-functions-national-green-tribunal/
3.https://www.drishtiias.com/important-institutions/drishti-specials-
important-institutions-national-institutions/national-green-tribunal-ngt
4. https://en.wikipedia.org/wiki/National_Green_Tribunal_Act
5. https://lexlife.in/2020/07/08/powers-and-functions-of-ngt/