Introduction – Concept, Need and Significance
The National Green Tribunal (NGT) is a specialized judicial body established for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of environmental rights. Environmental disputes often involve complex scientific and technical questions which ordinary civil courts may not be adequately equipped to handle. Recognizing this gap, Parliament enacted the National Green Tribunal Act, 2010 to provide a dedicated forum with judicial and expert members capable of addressing environmental disputes in a holistic manner.
The NGT plays a crucial role in strengthening environmental governance in India by ensuring speedy justice, reducing the burden on higher courts, and enforcing environmental laws in line with constitutional principles such as the right to life under Article 21.
Objectives and Legislative Purpose of the NGT Act, 2010
The primary objective of the National Green Tribunal Act, 2010 is to provide effective access to environmental justice. The Act aims to ensure the protection and conservation of the environment, including forests and other natural resources, while promoting sustainable development. It also seeks to give relief and compensation to victims of environmental damage and to restore the damaged environment.
The Act reflects India’s commitment to international environmental principles such as the Rio Declaration, 1992, particularly the principles of sustainable development, precautionary principle, and polluter pays principle, which are expressly incorporated under Section 20 of the Act.
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Composition and Structure of the National Green Tribunal
The National Green Tribunal consists of a Chairperson, Judicial Members, and Expert Members as provided under Sections 4 and 5 of the Act. The Chairperson is a retired Judge of the Supreme Court or a retired Chief Justice of a High Court. Judicial Members must have significant judicial experience, while Expert Members are required to possess professional qualifications and practical experience in environmental science, forestry, climate change, or related fields.
This unique composition ensures that both legal and scientific aspects of environmental disputes are adequately addressed, making the NGT distinct from traditional courts.
Jurisdiction, Powers and Authority of NGT
The jurisdiction of the NGT is defined under Section 14, which empowers it to adjudicate civil cases involving substantial questions relating to the environment arising from the implementation of the laws specified in Schedule I of the Act. These include major environmental statutes such as the Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and the Biological Diversity Act, 2002.
Under Section 15, the Tribunal has the power to grant relief, compensation, and restitution of the environment. It can also pass orders to prevent or remedy environmental damage. The NGT is not bound by the Code of Civil Procedure, 1908, but follows the principles of natural justice under Section 19, allowing it to adopt flexible and efficient procedures.
Principles Applied by the NGT
One of the most significant features of the NGT is its statutory mandate to apply core environmental principles. Section 20 expressly requires the Tribunal to apply the principles of sustainable development, precautionary principle, and polluter pays principle while passing any order or decision. This provision elevates these principles from judicial doctrines to statutory obligations.
As a result, the NGT has played a transformative role in shaping environmental jurisprudence in India, ensuring that economic development does not override environmental protection.
Limitation Period and Appellate Jurisdiction
The NGT Act prescribes strict limitation periods to ensure speedy disposal of cases. Under Section 14, applications must be filed within six months from the date on which the cause of action arose, with a further grace period of sixty days if sufficient cause is shown. Appeals against environmental clearances or orders issued under environmental laws must be filed within thirty days under Section 16, extendable by sixty days.
This strict timeline reflects the legislative intent to ensure swift environmental justice and prevent prolonged ecological damage.
Important Case Laws on National Green Tribunal
In Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India (2012), the Supreme Court upheld the constitutional validity of the NGT Act and recognized the Tribunal as a specialized body for environmental adjudication. In Almitra H. Patel v. Union of India, the NGT issued extensive directions regarding solid waste management across India, highlighting its proactive role.
In Paryavaran Suraksha Samiti v. Union of India (2017), although decided by the Supreme Court, the principles enforced by the NGT regarding pollution control and environmental compliance were reinforced, showcasing the Tribunal’s complementary role in environmental governance.
Role of NGT in Environmental Protection and Governance
The NGT has emerged as a powerful institution in enforcing environmental accountability. Its orders have led to the closure of polluting industries, regulation of mining activities, protection of wetlands, and improvement in waste management systems. By providing an accessible forum for citizens and environmental groups, the NGT has strengthened participatory environmental justice in India.
However, concerns have been raised regarding enforcement of its orders and jurisdictional overlap with other authorities. Despite these challenges, the NGT remains a cornerstone of India’s environmental adjudicatory framework.
Recent Developments and Contemporary Issues
In recent years, the NGT has actively addressed issues such as air pollution in metropolitan cities, illegal sand mining, and protection of water bodies. The Tribunal has increasingly relied on scientific reports and expert committees to guide its decisions. Ongoing debates relate to jurisdictional limits, execution of orders, and strengthening institutional capacity.
Mind Map – Text-Based Summary
National Green Tribunal (NGT)
│
├── Established Under – NGT Act, 2010
├── Objective – Speedy Environmental Justice
├── Composition – Judicial & Expert Members
├── Jurisdiction – Section 14 & Schedule I
├── Powers – Relief, Compensation, Restoration
├── Key Principles – Section 20
└── Enforcement – Orders & Directions
Situation-Based Questions and Answers
If a factory discharges untreated effluents into a river, affected persons may approach the NGT under Section 14 for relief and environmental restoration. If an environmental clearance is granted without proper EIA, an appeal can be filed before the NGT under Section 16. In cases of environmental damage, the NGT may apply the polluter pays principle to award compensation.
