National Green Tribunal

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National Green Tribunal

The National Green Tribunal has been established on 18.10.2010 under the
National Green Tribunal Act 2010 for 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. It is a
specialized body equipped with the necessary expertise to handle
environmental disputes involving multi-disciplinary issues. 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'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 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 four place of sitting of the Tribunal.

What is the National Green Tribunal?

The National Green Tribunal, established in 2010, as per the National Green
Tribunal Act is a specialised judicial body equipped with expertise solely for
the purpose of adjudicating environmental cases in the country.

Recognising that most environment cases involve multi-disciplinary issues


which are better addressed in a specialised forum, the Tribunal was setup as
per recommendations of the Supreme Court, Law Commission and India’s
international law obligations to develop national laws on environment and
implement them effectively.

The Tribunal is tasked with providing effective and expeditious remedy in


cases relating to environmental protection, conservation of forests and other
natural resources and enforcement of any legal right relating to environment.
The Tribunal’s orders are binding and it has power to grant relief in the form
of compensation and damages to affected persons.

What is the Tribunal’s composition?

The Tribunal has a presence in five zones- North, Central, East, South and
West. The Principal Bench is situated in the North Zone, headquartered in
Delhi.

The Central zone bench is situated in Bhopal, East zone in Kolkata, South
zone in Chennai and West zone in Pune.
The Tribunal is headed by the Chairperson who sits in the Principal Bench and
has at least ten but not more than twenty judicial members and at least ten
but not more than twenty expert members.

Who may submit cases to the Tribunal and what sort of cases are
heard?

Any person seeking relief and compensation for environmental damage


involving subjects in the legislations mentioned in Schedule I of the National
Green Tribunal Act, 2010 may approach the Tribunal.

The statutes in Schedule I are:

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


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

The Tribunal has jurisdiction over all civil cases involving a substantial
question relating to environment and the question. Additionally, any person
aggrieved by an order/direction of any of the Appellate Authorities under the
legislations mentioned above can also challenge them before the National
Green Tribunal.

Do I need to engage an advocate to approach the Tribunal?

No, engaging an advocate is not necessary. Aggrieved parties may approach


the Tribunal in person by submitting an application in the required format.

Are decisions of the Court binding?

Yes, decisions of the Tribunal are binding. The Tribunal’s orders are
enforceable as the powers vested are the same as in a civil court under the
Code of Civil Procedure, 1908.

Are decisions of the Tribunal final?

The Tribunal has powers to review its own decisions. If this fails, the
decision can be challenged before the Supreme Court within ninety days.

How is the Tribunal functioning in the absence of full strength of


judicial and expert members?

In the absence of full strength of judicial and expert members in regional


benches of the Tribunal situated in Chennai, Pune, Bhopal and Kolkata, the
Principal Bench in New Delhi is hearing applications from other jurisdictions
remotely by video conferencing to meet the needs of the litigants.

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