Amity Law School, Amity University, Noida, Uttar Pradesh

AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH
PROJECT TOPIC: NATIONAL GREEN TRIBUNAL
SUBMITTED BY: GAUTAM SHARMA

SUBMITTED TO: Mr. Kaustav Choudhary
A032170122115
LL. B(HONS)
Section B SEM 1 2022-2025
Setting up the crucial courts and tribunals for its advancement will be sufficient to meet
UN 2030's specific goal of the Sustainable Development of Environment. There are
around 1200 environmental courts and tribunals operating in different nations, and plans
are afoot to add more courts in order to advance the field even further.
According to analysis, environmental cases should be decided in accordance with
scientific research, which can only be done with the assistance of specialists and judicial
officials. If this is done, the court system will be more effective in handling
environmental issues.
Under the National Green Tribunal Act, the National Green Tribunal was formed in 2010.
This law relates to the resolution of civil disputes involving environmental protection and
natural resource preservation. Legal rights and those pertaining to the environment are
included. The right to live in a clean and healthy environment is described in the National
Green Tribunal Act, 2010, which was passed in accordance with Article 21 of the Indian
Constitution.
It is a specialised organisation established under the National Green Tribunal Act of 2010
to dispose of environmental protection and the preservation of forests and other natural
resources matters effectively and quickly.
With the creation of the NGT, India became the first developing nation and third country
in the world (after Australia and New Zealand) to establish a specialised environmental
tribunal.
Within six months after the application or appeal's submission, the NGT is required to
render a final decision.
The NGT meets in five locations; New Delhi serves as its principal location, with the
other four locations being Bhopal, Pune, Kolkata, and Chennai.
Statement of Objects and Reasons for the enactment of the Act
1. There are ongoing environmental disputes in other courts, and there has been a lot
of strain put on the environment's natural resources recently because of the growth
of industries, transportation, and urbanisation. The National Green Tribunal was
established in accordance with the Act for this reason.
2. India, a member of the United Nations Conference on Human Environment, was
urged to offer highly effective judicial and administrative actions and to
compensate victims of environmental pollution and damage for their legal
obligations under national laws.
3. The right to life and a healthy environment, guaranteed by Article 21 of the Indian
Constitution, have been the fundamental goals in the construction of the judicial
system.
4. The National Green Tribunal was established to enforce strict accountability for
any environmental harm or incidents involving dangerous substances.
5. This Act establishes the National Green Tribunal in order to provide better redress
and compensation for harm done to people, property, and the environment.
Structure of NGT
● The Chairperson, Judicial Members, and Expert Members make up the Tribunal.
They cannot be reappointed and must serve for a term of three years or until they
reach the age of 65, whichever comes first.
● In conjunction with the Chief Justice of India, the Central Government appoints
the Chairperson (CJI).
● The federal government will establish a selection committee to choose the judicial
members and expert members.
● The tribunal must have a minimum of 10 and a maximum of 20 full-time judges
and expert members.
Qualifications of the members
● The chairperson should be eligible to serve as either the chief justice of the high
court or a judge of the supreme court.
● The tribunal member must be qualified as a judicial specialist in reference to the
high court judge.
● One needs a master's in science, a PhD, or a master's in engineering to qualify as a
non-judicial expert.
Powers & Jurisdiction
● All civil matters containing significant environmental questions are within the
Tribunal's purview (including enforcement of any legal right relating to
environment).
● In October 2021, the Supreme Court ruled that the National Green Tribunal (NGT)
had the authority to address environmental matters nationwide as a "unique" forum
with suo motu (on its own initiative) authority.
● According to SC, the NGT's job is not just adjudicatory in nature; it must also
carry out equally important preventative, ameliorative, or remedial roles.
● Being a statutory adjudicatory body like Courts, NGT has appellate jurisdiction to
hear appeals in addition to initial jurisdiction side on filing of an application
(Tribunal).
● The Code of Civil Procedure of 1908 does not bind the Tribunal; instead, it will be
guided by the notions of "natural justice."
● The concepts of sustainable development, precaution, and polluter pays must all be
considered before making any decision or reward.
● NGT by an order, can provide:
i) relief and compensation to the victims of pollution and other environmental
damage (including accident occurring while handling any hazardous substance),
ii) for restitution of property damaged, and
iii) 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:
i) Imprisonment for a term which may extend to three years,
ii) Fine which may extend to ten crore rupees, and
iii) Both fine and imprisonment.
● Within ninety days of the date of communication, a person may appeal an NGT
order, decision, or award to the Supreme Court.
● The seven environmental laws, which are dealt with by the NGT, are as follows:
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 and
7. The Biological Diversity Act, 2002.
● Any infraction of these laws or any action taken by the government in accordance
with them may be contested before the NGT.
Who can file the application?
The statute offers remedy to any party who has been designated as a victim due to
environmental pollution sources, other environmental issues, or hazardous status.
The following may submit an application to the court:
1. Anyone who has been hurt as a result of this act.

2. Any surviving member of the deceased's family whose death had an environmental
component.
3. Any agent for the estate of a deceased party who was wronged.
4. Any person who feels wronged, including a group or an organisation that represents
them.
Procedure for filing an application or appeal
English is the National Green Tribunal's official language, therefore filing a claim for
environmental damages is extremely straightforward.
For each application in which payment is not required, the applicant must complete the
application and submit a fee of Rs. 1000; if payment is required, the applicant must
contribute 1% of the amount received, which must be at least Rs. 1000.
For the following, a claim for compensation may be made:
1. The victims of pollution and environmental harm caused by the hazardous material
received assistance or compensation.
2. It also entails making good on the destroyed property.
3. Restoration of the environment in regions where the National Green Tribunal has
made a determination.
4. No application will be considered unless it is submitted within five years of the date
the reasons for awarding the compensation first became apparent.
5. Under section 22 of the act, anyone who is dissatisfied with the judgments or awards
of the court may file an appeal with the Supreme Court.
Strengths of NGT
● The NGT has established itself as a key player in environmental control

throughout time, issuing stringent directives on everything from waste
management to deforestation to pollution.
● NGT provides a route for the development of environmental law by establishing
an alternative conflict settlement system.
● It lessens the burden of environmental litigation in the higher courts.
● NGT is a quicker, less expensive, and less official means to settle environmental
issues.
● It is essential for reducing actions that harm the environment.
● Since the Chairperson and the members are not up for reappointment, they are
likely to make decisions independently and without caving to outside pressure.
● The tight adherence to the Environment Impact Assessment procedure has been
made possible thanks in large part to the NGT.
Challenges Pertaining to the Functioning of NGT
● 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 crucial forest rights issue is linked directly to
environment.
● The NGT decisions are being challenged in various High Courts under Article 226
(power of High Courts to issue certain writs) with many asserting the superiority
of a High Court over the NGT, claiming ‘High Court is a constitutional body while
NGT is a statutory body’.” This is one of the weaknesses of the Act as there is lack
of clarity about what kind of decisions can be challenged; even though according
to the NGT Act, its decision can be challenged before the Supreme Court.
● Decisions of NGT have also been criticised and challenged due to their
repercussions on economic growth and development.
● The absence of a formula based mechanism in determining the compensation has
also brought criticism to the tribunal.
Landmark Judgements of NGT
1. Braj Foundation v Govt. of UP

The government should create a memorandum of understanding for the forestation
of Vrindavan, according to this Braj Foundation case. The government stated that
the advertisement that was published was merely an invitation to treat and could
not be viewed as a contract. However, the panel instructed the government that it
had a responsibility to encourage afforestation. One important goal was to build a
100-meter-long belt on either side of the braj parikrama.
2. Jeet Singh Kanwar v Union of India

The petitioners in this action contest the environmental approval that was required
for the construction of the coal-fired power station. In the end, it was discovered
that the project concerned can be continued if the environmental clearance is not
leading to an excessive amount of environmental destruction. However, the panel
also made a ruling that the environmental clearance was unlawful because of the
effects.
3. Vardaman Kaushik v Union of India

The court noted the issue of Delhi's expanding population and ordered the creation
of an action plan as well as the prohibition of burning plastic and driving
automobiles older than ten years.
A fine of Rs. 1000 was imposed on cars parked on metallic sand tracks as part of
the installation of various cycle tracks, and forces were set up to keep an eye on
moving vehicles. It was also suggested that multi-level parking be built in the
proper locations.
4. 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.
Conclusion
It is understandable that the National Green Tribunal is crucial in instances involving
major environmental issues. It is a tool for exchanging information and promoting more
significant environmental development. When issues relating to water, air, land, etc. have
arisen on which varied judgments must be rendered, there is a tremendous need to
understand conflict.
However, it is a benefit because national green tribunals encourage attorneys to focus on

environmental law, and the tribunal is consequently seen as a crucial part of delivering
justice in environmental-related cases. There will come a moment when the environment
will receive the most attention through the legal system.
There is need for more autonomy and widen NGT’s scope for effective protection of
environment in balance with human developmental activities.

Amity Law School, Amity University, Noida, Uttar Pradesh

Uploaded by

Copyright:

Available Formats

Amity Law School, Amity University, Noida, Uttar Pradesh

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Amity Law School, Amity University, Noida, Uttar Pradesh

Uploaded by

Copyright:

Available Formats

AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

PROJECT TOPIC: NATIONAL GREEN TRIBUNAL

SUBMITTED BY: GAUTAM SHARMA

Statement of Objects and Reasons for the enactment of the Act

Qualifications of the members

● An order/decision/award of Tribunal is executable as a decree of a civil court.

Who can file the application?

The following may submit an application to the court:

1. Anyone who has been hurt as a result of this act.

Procedure for filing an application or appeal

For the following, a claim for compensation may be made:

● The NGT has established itself as a key player in environmental control

Challenges Pertaining to the Functioning of NGT

Landmark Judgements of NGT

1. Braj Foundation v Govt. of UP

2. Jeet Singh Kanwar v Union of India

3. Vardaman Kaushik v Union of India

However, it is a benefit because national green tribunals encourage attorneys to focus on

You might also like