National Green Tribunal

NATIONAL GREEN TRIBUNAL ACT
 Repealed the National Environment Tribunal Act 1995 &

 National Environment Appellate Authority Act 1997
Objects
 To give effect to its international obligations arising out of various

decisions taken at International Conferences to which India has been a
Party
 To implement the Supreme Court’s pronouncement that the right to
healthy environment is a part of the right to life under Art. 21 of the
Indian Constitution
Salient Features
 Section 3 empowers the Central Government for the establishment of

specialized Green Tribunal known as National Green Tribunal with 5
benches located at different regions in the country
 National Green Tribunal – special fast track court for speedy disposal of
environment related civil cases
 Act confers on the Green Tribunal to hear initial complaints as well as
appeals from decisions of authorities under various environmental laws
 NGT has the powers of a civil court under CPC but not bound by
procedure laid down in the CPC, 1908 but shall be guided by the
principles of natural justice
 NGT has been empowered to regulate its own procedure and also not
bound Indian Evidence Act.
 Decisions are binding on the parties. There can be no appeals to the
Supreme Court against the decisions, orders or awards of the Tribunal
 No civil court shall be allowed to entertain cases which Tribunal is
competent to hear
 NGT is enjoined to allow the internationally recognized and nationally
applied environmental principles of sustainable development,
precautionary principle and polluter pay principle while issuing any
order, decision or award
Substantial Question Relating to Environment

Act restricts the scope of jurisdiction only to matters involving
“substantial questions relating to environment”.
According to Clause (m) of Section 2 the Term -” shall include an

instance, where.-
I. There is a direct violation of a specific statutory environmental
obligation affecting either the community at large other than an
individual or group of individuals by its environmental
consequences or
II. The gravity of the damage to the environment or property is
substantial or
III. Damage to public health is broadly measurable
Composition
 1 full time Chair Person – he is or has been a judge of the Supreme

Court of India or Chief Justice of a High Court
 10-20 full time Judicial members – he is or has been a judge of
Supreme Court of High Court or Chief Justice of High Court
 10-20 full time expert members – Chairperson of the Tribunal has
been authorized to invite one or more expert members who have
specialized knowledge and experience to assist the court in a
particular case before the Tribunal
Appointment
 Chairperson may be appointed by the Central Government in

consultation with the Chief Justice of India
 Other members shall be appointed by the Central Government on
the recommendation of such Selection Committee as may be
prescribed
Tenure
 Chairperson, judicial members and expert members shall hold
office as such for a term of 5 years from date on which they enter
upon their office and they shall not be eligible for re-appointment
 In case a person who is or has been a judge of the Supreme Court,
has been appointed as Chairperson or Judicial member of the
Tribunal he shall not hold officer after he has attained the age of 70
years
 In case a person who is or has been the Chief Justice of a High
Court, has been appointed as a Chairperson or Judicial member of
the Tribunal, he shall not hold officer after he has attained the age
of 67 years
 In case a person who is or has been a judge of High Court has been
appointed as a judicial member of the Tribunal, he shall not hold
officer after he has attained the age of 67 years
 In case of expert members, the Act say, they cannot hold officer
after they have attained the age of 65 years
Bar to hold Office during the Tenure
 Members of the Tribunals shall not hold any other office during the
tenure
 Also debars members from accepting any employment, after they cease to
hold office, from any person who has been a party to a proceeding before
the Tribunal under the Act
 No bar to any employment under the Central Government or a State
Government or local authority or in any Statutory authority or any
corporation established by or under any Central or State or Provincial Act
or a Government Company as defined in the Companies Act
Powers
 The NGT has the power to hear all civil cases relating to environmental
issues and questions that are linked to the implementation of laws listed
in Schedule I of the NGT Act. These include the following:
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;
7. The Biological Diversity Act, 2002.
 Section 34 empowers the Central Government to either to add a new Act
or to delete any Act from this by notification
 NGT authorized to hear all disputes arising from substantial questions
relating environment and settle disputes and pass orders therein
 Application for adjudication is made within a period of 6 months from the
date on which the cause of action for such dispute arose. However, the
Tribunal may, if it is satisfied that the applicant was prevented by
sufficient cause from filing the application within the said period, allow it
to be filed within a further period not exceeding 60 days
 Proceedings shall deemed to be judicial proceedings
 NGT has not been vested with powers to hear any matter relating to the
Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various
laws enacted by States relating to forests, tree preservation etc. Therefore,
specific and substantial issues related to these laws cannot be raised
before the NGT. Thus a person can approach the State High Court or the
Supreme Court through a Writ Petition (PIL) or file an Original Suit
before an appropriate ordinary Civil Court
Procedure for filing an Application or Appeal
 The NGT follows a very simple procedure to file an application seeking

compensation for environmental damage or an appeal against an order or
decision of the Government. The official language of the NGT is English.
For every application / appeal where no claim for compensation is
involved, a fee of Rs.1000/- is to be paid. In case where compensation is
being claimed, the fee will be one percent of the amount of compensation
subject to a minimum of Rs. 1000/-.
Judicial Remedy under the Act

 A claim for Compensation can be made for:
1. Relief/compensation to the victims of pollution and other environmental
damage including accidents involving hazardous substances;
2. Restitution of property damaged;
3. Restitution of the environment for such areas as determined by the NGT.
 No application for grant of any compensation or relief or restitution of
property or environment shall be entertained unless it is made within a
period of five years from the date on which the cause for such
compensation or relief first arose.
 The Act provides for ‘no fault’ liability in case of claims involving an
accident by authorizing the Tribunal to apply the principle of no fault.
 Expeditious relief – dispose the application or appeal finally within 6
months from the date of filing the application or the appeal, after
providing the parties an opportunity to be heard
Who can file an Application or Appeal under the Act?
 The Act provides that an application for grant of relief or compensation

or settlement of dispute may be made to the Tribunal by
o Any person who has sustained the injury
o The owner of the property to which the damage has been caused or
o All or any of the legal representatives of the deceased where death
has resulted from the environmental damage or
o Any agent duly authorized by such person or owner of such
property or all or any of the legal representatives of the deceased,
as the case may be or
o Any person aggrieved including any representative body or
organization
 Central Government or State Government or Union Territory
administration or the Central Pollution Control Board or a State Pollution
Control Board or a Pollution Control Committee or a local Authority or
any environmental authority constituted or established under the
Environment (Protection) Act, 1986 or any other law for the time in
force, can also move the Tribunal
Review and Appeal

Under Rule 22 of the NGT Rules, there is a provision for seeking a
Review of a decision or Order of the NGT. If this fails, an NGT Order can be
challenged before the Supreme Court within ninety days
Notable Orders (Read)
 Almitra H. Patel & Ors v. Union of India and Ors : complete prohibition
on open burning of waste on lands, including at landfills
 Yamuna Conservation Zone – NGT recommended the Government to
declare a 52km stretch of the Yamuna in Delhi and Uttar Pradesh as a
conservation zone
 Ban on old vehicle at Delhi – all diesel vehicles over 10 years old will not
be permitted to ply in Delhi

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NATIONAL GREEN TRIBUNAL ACT

 Repealed the National Environment Tribunal Act 1995 &

 To give effect to its international obligations arising out of various

 Section 3 empowers the Central Government for the establishment of

Substantial Question Relating to Environment

According to Clause (m) of Section 2 the Term -” shall include an

 1 full time Chair Person – he is or has been a judge of the Supreme

 Chairperson may be appointed by the Central Government in

Procedure for filing an Application or Appeal

 The NGT follows a very simple procedure to file an application seeking

Judicial Remedy under the Act

Who can file an Application or Appeal under the Act?

 The Act provides that an application for grant of relief or compensation

Review and Appeal

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