Acknowledgement :

I would like to express my heartfelt gratitude to my supervisors,

Dr. Soma Ghosh and Dr. Srijoni Banerjee for their invaluable
guidance, expertise, and unwavering support throughout this
project. Their constructive feedback and encouragement were
instrumental in shaping my research and helping me achieve my
academic goals.
Additionally, I extend my sincere appreciation to Dr. Rudra Prasad
Saha, Dean of the Biotechnology Department, for their visionary
leadership, support, and encouragement. Their commitment to
academic excellence has created a conducive environment for
learning and growth.
Thank you.
Index :

TOPIC PG. NO.

Acknowledgment 2

Overview: What is NGT? 4

What is the Need for NGT? 4

How is NGT Structured? 5

Key Sections: How the NGT Addresses 6

Pollution
Notable Cases Under the NGT 7-9

Significant Contributions of the NGT 9

Conclusion 10

References 11
Overview: What is NGT ? 2
The National Green Tribunal (NGT) is a specialized court in India that
focuses exclusively on environmental matters. It was set up to address a
growing number of cases concerning environmental protection, forest
conservation, and the sustainable use of natural resources.
Unlike regular courts, which can take years to resolve environmental
disputes, the NGT is designed to be a fast-track tribunal, ensuring that
urgent environmental concerns are addressed quickly. It can hear cases
related to a variety of environmental laws, such as those that focus on air
and water pollution, forest conservation, and biodiversity protection.
The NGT operates on principles of natural justice, meaning it is not bound by
strict procedural rules but focuses instead on providing fair and prompt
decisions. Its primary goal is to balance environmental needs with India’s
growth, ensuring that development proceeds without causing long-term
damage to the environment.

What is the Need for NGT ? 1.2

• Speedy Justice: Environmental problems like pollution and
deforestation require immediate attention. Traditional courts often
take years to resolve cases, which can result in irreversible damage to
ecosystems. The NGT is designed to act faster, allowing quick
resolution of urgent environmental issues.
• Expert Decision-Making: Environmental issues can be highly
technical and complex, often involving intricate data on pollution
levels, biodiversity, and natural resources. The NGT includes not only
judges but also experts in environmental science, ensuring that
decisions are well-informed and scientifically sound.
• Raising Accountability: The NGT holds industries, government
bodies, and individuals accountable for violating environmental laws. It
helps create a culture where people and organizations think twice
before engaging in activities that could harm the environment.
• Balancing Development with Environmental Protection: India is
rapidly urbanizing, and while development is important, it often comes
at a cost to the environment. The NGT ensures that industrial growth
and infrastructure projects consider their impact on nature, promoting
sustainable practices.
• Commitment to Global Standards: India has made international
commitments to combat climate change and protect the environment.
Establishing the NGT was a step towards fulfilling those promises,
ensuring that national practices align with global goals like those set at
the Rio Earth Summit.
How is the NGT Structured ? 3
• Formation: The NGT was established on October 18, 2010, through
the National Green Tribunal Act. It was created to provide a dedicated
space for handling cases related to environmental protection.
• Structure: The tribunal consists of a Chairperson, Judicial
Members, and Expert Members:
o The Chairperson is often a retired judge of the Supreme Court
or a high court chief justice.
o Judicial Members bring legal expertise and typically have
experience with environmental and civil law.
o Expert Members are specialists in environmental science,
geology, and related fields, offering the scientific background
needed to handle technical issues.
• Regional Benches: To make it easier for people across India to
access environmental justice, the NGT operates from several
locations:
o The Principal Bench is in New Delhi, and it coordinates
activities nationwide.
o Other benches are located in Bhopal, Pune, Kolkata, and
Chennai, making it easier for people in different regions to
bring forward their concerns.
• Jurisdiction: The NGT can hear cases directly or review appeals
against decisions made by environmental regulatory bodies, such as
the Pollution Control Boards. It has the authority to address issues
that involve significant environmental harm or public health concerns.
Key Sections: How the NGT Addresses Pollution : 2
• Section 14: Jurisdiction on Environmental Disputes: This
section allows the NGT to hear cases involving substantial
environmental questions, like large-scale pollution incidents or illegal
deforestation. It’s a crucial tool for addressing major issues that
affect public health and the environment.
• Section 15: Ordering Compensation and Restitution: Under this
section, the NGT can order compensation for people harmed by
pollution and require those responsible to restore the damaged
environment. For example, if an industry causes water
contamination, the NGT can make them pay for cleanup and
compensate affected communities.
• Section 16: Reviewing Decisions: This section gives people the
right to appeal to the NGT against decisions made by other
environmental authorities, like Pollution Control Boards. It serves as
a check on the decisions of regulatory agencies, ensuring that
environmental norms are properly enforced.
• Section 20: Principles for Decision-Making: The NGT is guided
by three key principles:
o Precautionary Principle: Even if there’s uncertainty about
the extent of environmental harm, it's better to prevent
potential damage than to deal with its consequences later.
o Polluter Pays Principle: Those who cause pollution should
bear the cost of managing it.
o Sustainable Development: The NGT ensures that
development projects are conducted in a way that meets
current needs without compromising the ability of future
generations to meet theirs.
• Section 19: Flexible Procedures: This section allows the NGT to
set its own rules for hearing cases, making the process simpler and
less formal. This flexibility helps ensure faster decision-making,
crucial for cases where delays could lead to greater environmental
harm.
*Sub-sections (1)(a), (1)(b), (1)(c) & (1)(d) of Sections 14, 15 & 16
deals with Air, Water, Soil and Noise pollutions respectively.
Notable Cases Under the NGT : 4,5

1. Ganga Pollution Case: M.C. Mehta vs. Union of India

(2017):

o Case Number: O.A. No.

200/2014
o Issue: Pollution from
untreated sewage and
industrial waste in the
Ganga River.
o Sections: Section 14,
Section 15
(environmental
restoration), Section 20
(Polluter Pays,
Sustainable Development).
o Ruling: NGT mandated setting up sewage treatment plants,
penalized polluting industries, and held state governments
accountable for effective river rejuvenation, applying stringent
timelines for compliance.

2. Bhopal Gas Tragedy Aftermath: Bhopal Gas Peedith

Mahila Udyog Sanghathan vs. Union of India (2014):

o Case Number: O.A. No.

72/2014
o Issue: Toxic waste
contamination at the
Union Carbide site
affecting soil and
groundwater.
o Sections: Section 14,
Section 15
(compensation), Section
20 (Polluter Pays).
o Ruling: NGT directed safe disposal of hazardous waste and
cleanup of the contaminated site, ensuring long-term
environmental safety and imposing accountability on
responsible parties.
3. Yamuna Pollution Case: M.C. Mehta vs. Union of India
& Ors (2014):

o Case Number: O.A. No.

6/2012
o Issue: Severe pollution
due to untreated sewage
and industrial discharge
into the Yamuna.
o Sections: Section 14
(jurisdiction over
environmental disputes),
Section 15
(compensation), Section
20 (Polluter Pays, Precautionary Principles).
o Ruling: NGT mandated installing sewage treatment plants,
strict regulation of industrial discharge, and accountability for
polluters. States were directed to prevent untreated effluents
from entering the river.

4. Delhi Air Pollution: Vardhman Kaushik vs. Union of

India & Ors (2015):

o Case Number: O.A. No.

21/2014
o Issue: Worsening air
quality in Delhi due to
vehicular emissions, dust,
and crop burning.
o Sections: Section 14,
Section 15 (remediation
measures), Section 16
(appeals), Section 20
(Precautionary Principle).
o Ruling: NGT enforced the Graded Response Action Plan
(GRAP), banned construction activities during peak pollution,
regulated diesel vehicles, and implemented dust control
measures.
 5. Coal Mining in Meghalaya: All Dimasa Students Union
vs. State of Meghalaya & Ors (2019)

o Case Number: O.A. No.

73/2014
o Issue: Rat-hole mining
contamination of rivers
and ecological harm in
Meghalaya. Rat-hole
mining contamination of
rivers and ecological
harm in Meghalaya.
o Sections: Section 14,
Section 15 (remediation),
Section 16 (appeals), Section 20 (Sustainable Development).
o Ruling: NGT imposed a ban on rat-hole mining, directed a
cleanup and restoration plan for rivers, and held the state
accountable for ecological damage, ensuring balanced
development.

Significant Contributions of the NGT : 1

• River Rejuvenation: The NGT's directives for cleaning rivers like

Ganga and Yamuna have led to better sewage management and
industrial regulation.
• Air Quality Control: Implementation of the Graded Response Action
Plan (GRAP) in Delhi has helped manage seasonal pollution spikes.
• Tackling Industrial Pollution: Landmark rulings on industrial
emissions have set stricter norms for compliance, especially in
industrial belts like Vapi and cases like the Sterlite plant.
• Waste Management: The NGT has played a pivotal role in directing
proper handling of hazardous waste, like in the Bhopal Gas Tragedy
aftermath.
• Preserving Ecologically Sensitive Areas: Through bans on illegal
mining, like in Meghalaya, NGT has protected vulnerable ecosystems
from irreversible damage.
Conclusion :

The National Green Tribunal plays a critical role in India's efforts

to balance development with the need to preserve natural
resources. Its ability to deliver swift and expert rulings has made
it an essential body for addressing India’s environmental
challenges. However, to keep pace with the growing complexity of
environmental issues, the NGT needs support in terms of
resources, streamlined procedures, and better coordination with
other regulatory bodies. As environmental awareness and the
push for sustainable development continue to grow, the NGT
remains a vital institution for ensuring that India's growth story is
both green and sustainable.
References :

1. https://www.greentribunal.gov.in/
2. https://greentribunal.in/
3. https://moef.gov.in/national-green-tribunal-ngt
4. https://www.wwfindia.org/about_wwf/enablers/cel/national_
green_tribunal/case_summaries/
5. https://cpcb.nic.in/ngt-court-cases/