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National Green Tribunal:

Constitution, Functions
and Power
BY TEAM ATTORNEYLEX ON SEP 28, 2021 • ( LEAVE A COMMENT )

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This Article is written by Saumya Tripathi, a student of Shri Ramswaroop

Memorial University

Introduction

The National Green Tribunal (‘NGT’) was established on 18th October, 2010
under the National Green Tribunal Act 2010. The purpose behind the
establishment of NGT is effective and expeditious disposal of cases related to
environmental dispute involving multi-disciplinary issues. After the
establishment of NGT, India became the third country to have a specialised
body that deals with environmental related issues followed by Australia being
the first and New Zealand being the second. The Principal Bench of NGT is
situated in New Delhi (North zone) with the circuit benches at Chennai (South
zone), Bhopal (Central zone), Pune (West zone) and Kolkata (East zone).

The National Green Tribunal is India’s first dedicated environmental court

with a wide jurisdiction power. Its jurisdiction is not only limited to deal with
the violation of environmental laws. Instead, it allows the tribunal to focus on
providing relief compensation and restoration of the ecology. Thus, the
tribunal plays a significant role in environment protection.

Some of the major objectives of the National Green Tribunal

(NGT) are as follows:
 To ensure conservation of the environment, forests, and other natural
resources.
To provide effective and speedy disposal of cases.
To provide compensations and relief for to whom the damage is caused
due to environmental degradation.
To ensure that environmental related laws are obeyed and act as a
watchdog in case of any violations.
To prevent the harm caused to the environment due to government or
private actions.
To work towards spreading awareness about various environment related
laws and the issues prevalent in the society.

Background

The Apex Court of India in Oleum gas leak case first time realized the need for
a national tribunal that addresses matters related to environmental
protection. Later, the Law Commission of India in 2003 recommended in
its 186th report that the government needs to constitute special
environmental courts, to deal with multi-disciplinary issues relating to
protection of environment, which would have members with judicial or legal
experience assisted by the members with technical knowledge.

The National Green Tribunal was formed in the year 2010 under Section 3 of
the National Green Tribunal Act, 2010. It is a statutory body. Under the Indian
Constitution, Article 21 and Article 323(B) forms the base for the establishment
of Though, this tribunal. As under Article 21 the Right to life and personal
liberty include right to clean and healthy environment while the other article
323(B) provides for the establishment of tribunals. Though, before this act
there were existed two acts namely National Environmental Tribunal Act,
1995 and National Environmental Appellate Authority, 1997, for the same
purpose of establishing specialised environmental courts. But the authorities
failed to achieve its objective and became defunct. Failure of these acts lead to
the realization of having more empowered and strengthened authority to
dispose environmental related disputes. Therefore, the National Green
Tribunal was established under NGT act, 2010. It has replaced the National
Appellate Authority.

Globally, the need for the establishment of a central specialised agency for the
timely disposal of environmental disputes was first realised in the Stockholm
Declaration of 1992. The declaration was adopted at the Rio de Janeiro summit
which was held in 1992, by the United Nations (also knowns as United Nations
Conference on Conservation of Environment and Development). This summit
highlighted the need of a national forum that addresses issue related to
environmental protection adequately. The Rio de Janerio summit played a
major role in establishment of a national forum in India that specifically
deals with environmental related disputes and provides reddressal for the
same. India’s commitment towards the Rio summit paved a way for the
establishment of such forum.

The necessity for such specialised body was felt most by the Supreme Court of
India after the pronouncement of four landmark judgements (namely
the M.C. Mehta v. Union of India, 1986, Indian Council for Environmental-Legal
Action v. Union of India, 1996, A.P. Pollution Control Board v. M.V. Naidu,
1992 and A.P. Pollution Control Board v. M.V. Naidu, 2001). The Apex Court felt
that the interpretation of environmental laws requires a different agency
consisting of experts in the relevant field.

Constitution and Structure

Section 3 of National Green Tribunal Act, 2010 provides for the establishment
of National Green Tribunal. It states that the Central Government shall
establish a Tribunal known as National Green Tribunal to exercise the
jurisdiction, power and authority conferred on such tribunal by or under this
act through notification in the Gazette of India.

Section 4 of the National Green Tribunal Act, 2010 provides for the composition
of the tribunal. The tribunal will consist of following members: –

A full-time Chairperson.
Judicial Members not less than 10 and maximum up to 20.
Expert Members not less than 10 and maximum up to 20.

Section 5 provides for the qualifications of such members.

Chairperson shall be a person who is or has been a Supreme Court Judge

or a High Courts Chief Justice.
Judicial Member shall be a person who is or has been a High Court’s
Judge.
Expert Member shall be member with experience and qualification in the
technological and scientific field or practical experience in matters related
to the environment.

Section 6 provides for the appointment of Chairperson, Judicial Members and

Expert Members.

The Chairperson, Judicial Members and Expert Members of the tribunal

shall be appointed by the Central Government.
Central Government after consulting Chief Justice of India appoints the
Chairperson of the tribunal.
For the appointment of Expert and Judicial Members of the tribunal a
Selection Committee shall be formed by the Central Government

Section 7 provides for the tenure of office for all members including
chairperson.

They shall hold office for the term of 5 years.

The Chairperson and Judicial member, if he is a Supreme Court Judge,
shall not hold office after 70 years of age. In case, if he is a Chief Justice of
High Court or High Court Judge then he shall not hold office after 67 years
of age.
They Expert Member can hold office only till 65 years of age.
They are ineligible for reappointment.

Powers of the National Green Tribunal

The National Green Tribunal has the power to hear all civil cases relating to
environment that are linked to the implementation of all the laws listed in
Schedule I of the NGT Act, 2010. Any violation or any order given by the
government with respect to these laws if not proper can be challenged in the
NGT and will be decided there. The laws are mentioned below:

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;

The Public Liability Insurance Act, 1991;

The Biological Diversity Act, 2002.

The National Green Tribunal has been barred from hearing any cases relating
to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various
laws enacted by States relating to forests, tree preservation and various other
laws.

The National Green Tribunal has jurisdiction to determine all the cases
involving substantial questions regarding the environment and its protection
and also legal rights associated with it.

The tribunal, being a statutory authority, not only exercises original

jurisdiction on filing an application but also has appellate jurisdiction
through which it hears appeals as a Court.

The tribunal is not bound by the procedure mentioned under the Civil
Procedure Code, 1908 and it applies the principles of natural justice while
deciding any matter.

NGT will consider the following principles of sustainable development, the

precautionary principle and the polluter pays principles while settling any
dispute.

The National Green Tribunal, by an order can provide the following (section 15
of the National Green Tribunal Act,2010)

Compensation and relief to all the victims of pollution and environmental

damage including accidents which happened while handling hazardous
substance.

Restitution of a damaged property.

Restitution of the environment for area or areas which the tribunal may
think fit.
An appeal can be filed against any order given by the tribunal before the
Supreme Court of India within ninety days from the date of communication
of the order regarding the case.

Functions of the National Green Tribunal

It is a body that has proficiency in handling multi-disciplinary issues

concerning to environment and its protection.

The foremost objective of the Tribunal is to provide speedy trials of the

environment-related matters and help in lessen the burden of pending cases
in the higher courts.

It is mandatory for the tribunal to dispose the environment-related matter

within 6 months of the filing of the complaint.

The National Green Tribunal is not bound by the procedure of Code of Civil
Procedure. They have the power to regulate their own procedure (section 19 of
NGT Act ,2010) and adopts the principle of natural justice while administering
justice.

The National Green Tribunal is not bound by the rules mentioned in the
Indian Evidence Act,1872.

It is important for the tribunal to consider principles such as sustainable

development at the time of awarding compensation or giving orders.

It is required for the tribunal to always bear in mind the fact that whoever
pollutes the environment is liable to pay i.e., Polluter Pay Principle.

All the proceedings before the National Green Tribunal shall be in accordance
with the proceedings mention within the sections of the IPC.

Important Judgements of the NGT:

Some of the important judgements of the NGT are discussed below: –

Almitra H. Patel & Ors. Vs. Union of India and Ors.

A PIL was filed under Article 32 of the Constitution. The PIL highlighted lack of
proper system in India for solid waste management. The tribunal saw it as
major problem and issued over 25 directions & guidelines after hearing the
case. All the states were asked to strictly follow Solid Management Rules,
2016 the tribunal and prohibited open burning of waste on land.

Samir Mehta Vs. Union of India and Ors.

In this case the tribunal stressed upon the need for protection of marine
ecosystem and aquatic world. The complaint emphasised the serious damage
caused by the coal, fuel oil and diesel carrying ship. The tribunal invoked
“polluter pay principle” and held that negligence was caused on the part of
respondents and are liable for the damages caused.
 Ms. Betty C. Alvares Vs. The State of Goa and Ors.

In this case the tribunal held the decision in favour of foreign nationality who
made complaint regarding illegal construction in Goa. The tribunal disagreed
on the objection raised that a foreigner has no right to file a petition before
tribunal and held that a foreign national can also approach the court.

Save Mon Region Federation and Ors. Vs. Union of India and Ors.

A federation along with a social activist filed a case against permitting a

hydro project which was violating the Schedule I of Wildlife Protection Act,
1972 as it was very close to a wintering site of Black-necked Crane (a type of
bird). The tribunal held that the such project must be terminated and gave
order to cancel its clearance.

The Art of Living’s World Culture Festival Verdict

In this case, a petition was filed before the NGT, Principal Bench, By Sri Manoj
Mishra against Art of Living Foundation. The bench dealt with two important
questions. Firstly, Whether the foundation is responsible for causing damage
to Yamuna Floodplains. Secondly, whether they are liable to pay
compensation or fine for such damage. The tribunal held the foundation
responsible for the damage caused by the World Culture Festival to the
Yamuna floodplains in 2016. The tribunal imposed penalty of 5 crores on the
foundation for the restoration of damaged caused.

Suggestion

The two most important acts, Wildlife Protection Act, 1972 and Indian Forest
Act,1927 is out of the jurisdiction ambit of NGT. Subject matter of both of these
acts hold great importance in balancing the environment. The decrease in
forest areas is well known fact. As well wildlife crime is evident in India such
as their illegal trade or animal poaching. These activities threaten the balance
of ecology. In such scenario, keeping these acts beyond the jurisdiction of NGT
is not logical. Including these acts within jurisdiction area of NGT widens its
scope of working. And NGT as a watchdog will provide more stability to these
acts in its implementation and working.

Conclusion

The concept of National Green Tribunal is very much needed. The rapid
increase in environmental degradation undoubtedly demand for such body
which specifically addresses environmental issues and takes the initiative to
protect the environment. NGT monitors and ensures that the law related to
environment strictly obeyed and also speedy and effective trials of
environmental related matter is delivered. The Expert Members in the
tribunal empowers this body as their knowledge will help to understand the
details of environment issues and its technicalities while deciding a case. It
will help the tribunal to come up with innovative and better solutions for
environmental problems striking the balance between law and environment.
Therefore, NGT plays a very significant role in protecting and balancing the
environment.

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