Introduction

Twenty-six years after the world’s worst industrial disaster in Bhopal, India has a
new environment tribunal, for “effective and expeditious disposal of cases relating
to environment protection” and giving relief and compensation for damages.
Expressing agony over the verdict, which amounted to less than a slap on the wrist
for causing the deaths of many people, Mr. Jairam Ramesh, the former Minister
Environment and Forests, hopes to plug the holes in India’s environmental defense
armor through the recent statute.

India has become the third country in the world, after Australia and New Zealand,
to come up with a NGT. The National Green Tribunal Act got the assent of the
President on June 2, 2010. It provides for the establishment of National Green
Tribunal, a special fast-track court for speedy disposal of environment-related civil
cases. Supreme Court retired Judge Justice Lokeshwar Singh Panta has been
appointed as its Chairperson. The enactment of the law takes into account the

(i) United Nations Conference on the Human Environment which took place
at Stockholm in June,1972 and also the
(ii) (ii) United Nations Conference on Environment and Development which
took place at Rio de Janeiro in June 1992, in both of which India was a
participant,
(iii) the judicial pronouncements in India construing the right to healthy
environment as a part and parcel of the right to life guaranteed under
Article 21 of the Constitution, to constitute the Tribunal conferring the
jurisdiction to decide on environmental issues, considering the
“involvement of multi-disciplinary issues” relating to environment.

Objectives of 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 & compensation for damages to persons and property.

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 Jurisdiction of National Green Tribunal

Section 14 of the NGT act,2010 empowers the tribunal to have the jurisdiction
over all civil cases where:

(a) The Tribunal shall have the jurisdiction over all civil cases where a
substantial question relating to environment (including enforcement of any
legal right relating to environment), is involved and such question arises out
of the implementation of the enactments specified in Schedule I.
(b) The Tribunal shall hear the disputes arising from the questions referred to in
sub-section (1) and settle such disputes and pass order thereon.
(c)  No application for adjudication of dispute under this section shall be
entertained by the Tribunal unless it is made within a period of six months
from the date on which the cause of action for such dispute first arose:
Provided that 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 sixty days.

Schedule 1 of the NGT act,2010 specified the enactments:

 The Water (Prevention and Control of Pollution) Act, 1974;

 The Water (Prevention and Control of Pollution) Cess Act, 1977;
 The Forest (Conservation) Act, 1980
 The Air (Prevention and Control of Pollution) Act, 1981
 The Environment (Protection) Act, 1986; 6. The Public Liability
Insurance Act, 1991
 The Biological Diversity Act, 2002.

In Bhopal Gas peedith mahila udyog sangathan v. union of india1 the supreme
act observed that the environmental issues and matters covered under the NGT
Act, Schedule 1 should be instituted and litigated before the National Green
Tribunal. Such approach may be necessary to avoid likelihood of conflict of orders
between the high courts and NGT. Thus, the court in unambiguous terms directed
that all the matters instituted after coming into act and in schedule 1 shall stand
1
(2012) 8 SCC 326

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transferred and can be instituted only before NGT. This will help in rendering
expeditious and specialized justice in the field of environment to all concerned.

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 Conclusion
The role played by Indian judiciary in environmental discourse is really
commendable. It would be wrong to conclude that ordinary courts are incapable of
handling environmental disputes; although, a better combo of judicial-
administrative machinery is expected, since usually administrative and technical
matters are entrenched in environmental decision making process. As we discussed
in the preceding chapters, many factors inspired us to remold our strategy. The
increasing number of environmental litigations in India, institutional fatigue and
the acceptance of the fact by the Supreme Court in various cases that it does not
have requisite expertise knowledge to deal with complex environmental issues and
its continuous emphasis to set up an environmental court has compelled the
government to come forward with the NGT.

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