NATIONAL GREEN TRIBUNAL

INTRODUCTION

There is a need for an alternative forum to decide the environmental dispute has been
felt by a number of persons outside as well as within India. In the United Kingdom,
Lord Wolf pointed out a need for multi-faced multi skilled body, rendering the services
provided by the existing court, tribunals and inspectors in the environment field. Such
alternative forum would be ‘one stop shop’ which should lead to faster, cheaper and
more effective resolution of dispute in environmental matters.1 Similarly, Sir Robert
Carnwath, a judge of the High Court Chancery Division, also argued in favour of a
specialized body to hear environmental matters.2 In India, the need for environmental
court was first advocated by Justice P.N. Bhagwati, J (as he then was) in Oleum Gas
Leak Case3 . The Supreme Court of India pointed out that cases involving issues of
environmental pollution, ecological destruction and its conflict over natural resources
involved assessment and evolution of scientific data and, therefore, according to the
court, there was an urgent need of involvement of experts in the administration of
justice.4 This view was reiterated in Indian Council for Enviro-Legal Action v. Union
of India.5 In the year 1999, Justice Jagannadh Rao in A.P. Pollution Control Board v.
M.V. Naidu I6 has strongly recommended for establishment of environment court. In
the follow up case in the year 2001, the Apex court requested the Law Commission of
India to examine this question in detail and give the report. Accordingly, the Law
Commission of India in its 186th Report in September 2003, recommended, inter alia,
setting up of environmental courts having both original as well as appellate jurisdiction
related to environmental laws.7 This report had noted that the National Environment
Appellate Authority (NEAA) constituted under NEAA Act, 1997 and National
Environment Tribunal (which was to be constituted under National Environment
Tribunal Act, 1995 but this legislation has not yet been notified despite expiry of eight
years) are non functional and remain only on paper. The legislative initiative for
constitution of environment courts as an alternative forum goes back to 1989 when it
was vehemently advocated by Smt. Maneka Gandhi, the then Union Minister of
Environment. She also prepared the concerned Bill but it was really unfortunate that the
serious exercise on constitution of environment court did not see the light of the day as
the Bill was put in the cold storage. Ultimately the National Green Tribunal Bill, 2009
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was introduced in the Lok Sabha on 31st July 2009. The chairman, Rajya Sabha in
consultation with the Speaker, Lok Sabha referred the Bill to the Parliamentary Standing
Committee on Science and Technology, Environment and Forests for examination and
reports.8 The Committee held meetings with representative of Ministry of Environment
and Forests and also heard the views of eight experts on the subjects including Sunita
Narain, Director, Centre for Science and Environment, Harish Salve and Rajeev
Dhawan, Senior Advocates of the Supreme Court of India and Sanjay Upadhyay, Head
of the Enviro-Legal Defence Forum. The Committee appreciated the initiative of the
Ministry and presented to Parliament 203rd report on National Green Tribunal Bill on
16th November 2009. Thus the National Green Tribunal Act, 2010 is passed by our
Parliament and the same has also been notified by the Government of India on 18th
October 2010 and on the same day, Justice Lokeshwar Singh Panta, former judge of the
Supreme Court of India took charge as chairman of newly constituted National Green
Tribunal.

OBJECT OF THE ACT

The Preamble of the Act states the object is to provide for the establishment of a
National Green Tribunal (herein referred as NGT) for the effective and expeditious
disposal of cases relating to environmental protection and conservation of forests and
other natural resources including enforcement of any legal right relating to environment
and giving relief and compensation for damages to persons and property and for matters
connected therewith or incidental thereto. The Tribunal’s dedicated jurisdiction in
environmental matters shall provide speedy environmental justice and help reduce the
burden of litigation in the higher courts. The Tribunal is mandated to make and endeavor
for disposal of applications or appeals finally within 6 months of filing of the same14.
Initially, the NGT is proposed to be set up at five places of sittings and will follow
circuit procedure for making itself more accessible. New Delhi is the Principal Place of
Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four
place of sitting of the Tribunal15 .

ORIGIN

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During the summit of United Nations Conference on Environment and Development in

June 1992, India vowed the participating states to provide judicial and administrative
remedies for the victims of the pollutants and other environmental damage.

There lie many reasons behind the setting up of this tribunal. After India's move with
Carbon credits, such tribunal may play a vital role in ensuring the control of emissions
and maintaining the desired levels. This is the first body of its kind that is required by
its parent statute to apply the "polluter pays" principle and the principle of sustainable
development.

This court can rightly be called ‘special’ because India is the third country following
Australia and New Zealand to have such a system.

DEFINITION

The legislate Act of Parliament defines the National Green Tribunal Act, 2010 as
follows,

"An Act to provide for the establishment of a National Green

Tribunal for the effective and expeditious disposal of cases
relating to environmental protection and conservation of
forests and other natural resources including enforcement of
any legal right relating to environment and giving relief and
compensation for damages to persons and property and for
matters connected therewith or incidental thereto".

On 18 October 2010, Justice Lokeshwar Singh Panta became its first Chairman.
Justice Swatanter Kumar retired on 20 December 2017.After him acting chairman of
NGT was Justice Jawad Rahim retired justice Adarsh Kumar Goel is the incumbent
chairman of national green tribunal.

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy

environmental justice and help reduce the burden of litigation in the higher courts.
The Tribunal shall not be bound by the procedure laid down under the Code of Civil
Procedure, 1908, but shall be guided by principles of natural justice. The tribunal is

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mandated to make and endeavour for disposal of applications or appeals finally within
6 months of filing of the same. Initially, the NGT is proposed to be set up at five places
of sittings and will follow circuit procedure for making itself more accessible; New
Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and
Chennai shall be the other place of sitting of the Tribunal.

JURISDICTION

The Tribunal has Original Jurisdiction on matters of "substantial question relating to

environment" (i.e. a community at large is affected, damage to public health at broader
level) & "damage to environment due to specific activity" (such as pollution). However,
there is no specific method defined in Law for determining "substantial" damage to
environment, property or public health. There is restricted access to an individual only
if damage to environment is substantial. The powers of tribunal related to an award are
equivalent to Civil court and tribunal may transmit any order/award to civil court have
local jurisdiction, however, the tribunal does not follow civil law. it follows principles
of natural justice. The Bill specifies that an application for dispute related to
environment can be filled within six months only when first time dispute arose (provide
tribunal can accept application after 60 days if it is satisfied that appellant was prevented
by sufficient cause from filling the application).

Also Tribunal is competent to hear cases for several acts such as Forest (Conservation)
Act, Biological Diversity Act, Environment (Protection) Act, Water & Air (Prevention
& control of Pollution) Acts etc. and also have appellate jurisdiction related to above
acts after establishment of Tribunal within a period of 30 days of award or order
received by aggrieved party. The Bill says that decision taken by majority of members
shall be binding and every order of Tribunal shall be final. Any person aggrieved by an
award, decision, or order of the Tribunal may appeal to the Supreme Court within 90
days of commencement of award but Supreme Court can entertain appeal even after 90
days if appellant satisfied SC by giving sufficient reasons.

A division bench of the Madras high court comprising Justice N Paul Vasanthakumar
and Justice P Devadass on February 2014 held that high courts did have jurisdiction to
entertain appeals against the orders of the NGT. Section 29 of the NGT Act 2010 deals
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with bar of jurisdiction of civil courts, and the jurisdiction of the high court under
Article 226/227 is not expelled under the Act.

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