National Green Tribunal Act, Headquarters, Composition

National Green Tribunal (NGT) was established on October 18, 2010, under the National Green Tribunal Act, 2010. It aims to ensure effective and timely resolution of cases that all are related to environmental protection, conservation of forests, and other natural resources. Additionally, it enforces legal rights related to the environment and provides relief and compensation for environmental damage to persons and property. The NGT operates as a specialized body with multidisciplinary expertise to address complex environmental disputes.

What is the National Green Tribunal (NGT)?

• Specialized Environmental Jurisdiction : Focused on environmental conservation and sustainable development.
• Expedited Case Disposal : Directed to resolve cases within six months of filing.
• Global Significance : India is the third country to establish such a tribunal, following Australia and New Zealand, and the first among developing nations.
• Principal and Regional Benches : The NGT operates from five locations: New Delhi (principal bench), Bhopal, Pune, Kolkata, and Chennai, ensuring accessibility through circuit procedures.

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Evolution and Establishment of the National Green Tribunal

Structure of the NGT

• Chairperson : Appointed by the Central Government in consultation with the Chief Justice of India (CJI).
• Judicial and Expert Members : Appointed for the tenure of three years or until the age of 65, whichever is earlier, and are not eligible for reappointment.
• Selection Committee : Formed by the Central Government for appointing members.
• Membership Strength : Minimum of 10 and maximum of 20 full-time Judicial and Expert Members.

National Green Tribunal Headquarters and Regional Benches

• Pune Bench : Western Zone
• Bhopal Bench : Central Zone
• Kolkata Bench : Eastern Zone
• Chennai Bench : Southern Zone

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Powers and Functions of the National Green Tribunal

• Adjudicatory Role: Address disputes and violations of laws like:
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Environment (Protection) Act, 1986
  • The Air (Prevention and Control of Pollution) Act, 1981
  • Other related statutes.
• Suo Motu Powers: The Supreme Court recognized NGT's unique authority to take up environmental issues on its own motion, enhancing its preventive and remedial scope.
• Principles Applied: Decisions are guided by the principles of sustainable development , precautionary measures , and polluter pays .
• Relief and Compensation: The Tribunal can:
  • Award compensation to victims of environmental damage.
  • Mandate restoration of damaged property and affected ecosystems.
• Penalty for Non-compliance: Offenders face:
  • Imprisonment up to three years.
  • Fines up to ₹10 crore .
  • Both depend on the severity of violations.
• Binding Decisions: Orders by the NGT are enforceable as orders of a civil court. Appeals against its decisions lie solely with the Supreme Court .

National Green Tribunal Act

Environmental Laws Under NGT

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Strengths of the National Green Tribunal

• Evolves Environmental Jurisprudence: Sets precedents through innovative decisions.
• Reduces Judicial Burden: Lessens environmental trials in higher courts.
• Cost-Effective and Faster Justice: Provides an alternative dispute resolution mechanism.
• Independent Functioning: Non-reappointment ensures unbiased judgments.
• Strict Enforcement: Ensures adherence to environmental impact assessments.

Challenges Faced by the National Green Tribunal

1. Limited Jurisdiction: The exclusion of laws like the Wildlife (Protection) Act, 1972 and the Forest Rights Act, 2006 restricts its reach.
2. Conflict with High Courts: Some decisions are challenged under Article 226 , claiming the constitutional superiority of High Courts over the statutory NGT .
3. Economic Criticism: Its rulings have occasionally been criticized for hindering development projects.
4. Resource Constraints: Limited manpower and financial resources hinder the timely disposal of cases.
5. Compliance Issues: Delays in implementing its directives reduce its effectiveness.
6. Insufficient Regional Presence: A small number of courts leads to inaccessibility in certain regions.

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Landmark Judgments of the NGT

• POSCO Case (2012): Suspended a South Korean steel project in Odisha, emphasizing forest conservation.
• Solid Waste Management (2012): Prohibited open burning of waste.
• Uttarakhand Floods Case (2013): Ordered compensation based on the "polluter pays" principle.
• Art of Living Case (2017): Penalized violations during a festival on the Yamuna floodplains.
• Plastic Ban in Delhi (2017): Banned thin plastic bags to curb environmental damage.

Conclusion

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