Jurisdiction, Powers and Functions of National Green Tribunal

The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010, is a specialised judicial body designed to handle environmental disputes efficiently and effectively. The tribunal plays a pivotal role in the adjudication of environmental cases, offering swift justice and contributing significantly to the evolution of environmental jurisprudence in India.

This article explores the jurisdiction and powers of the NGT in detail, analysing its statutory framework, operational principles, and its influence on environmental governance.

Introduction to the National Green Tribunal

The idea of a dedicated tribunal for environmental disputes gained prominence in the 1980s. The Supreme Court of India, in the Oleum Gas Leak case (1986), underscored the need for specialised courts with technical expertise to address environmental issues effectively. The limitations of earlier legislative attempts, such as the National Environmental Tribunal Act, 1995, and the National Environment Appellate Authority Act, 1997, further emphasised the necessity for a more comprehensive framework.

In response, the National Green Tribunal Act, 2010 was enacted, leading to the establishment of the NGT on October 18, 2010. This tribunal was envisioned to provide expertise in multi-disciplinary environmental disputes, ensure timely justice, and reduce the burden on higher courts.

Jurisdiction of the National Green Tribunal

The jurisdiction of the NGT is extensive, encompassing all civil cases that involve substantial environmental questions or the enforcement of legal rights related to the environment. Its jurisdiction is primarily defined under Section 14 and Schedule I of the NGT Act, 2010.

Scope of Jurisdiction of NGT

The NGT has jurisdiction over cases arising out of the following enactments specified in Schedule I of the Act:

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.

These laws encompass critical areas of environmental protection, including pollution control, forest conservation, biodiversity, and public liability.

Original Jurisdiction

The NGT exercises original jurisdiction in cases where a substantial environmental question arises. This includes issues related to:

• Pollution control.
• Forest and biodiversity conservation.
• Environmental clearances.
• Hazardous substance management.
• Protection of public health from environmental damage.

Appellate Jurisdiction

Under Section 16 of the NGT Act, the tribunal has appellate jurisdiction over decisions, orders, or directions issued under various environmental laws. Individuals, companies, or entities aggrieved by such decisions can approach the NGT. This includes appeals against:

• Environmental clearances.
• Decisions under the Water, Air, and Forest Conservation Acts.
• Orders related to biodiversity conservation and the handling of hazardous substances.

Geographical Jurisdiction

The NGT operates through regional benches located in major cities across India, including Delhi, Pune, Bhopal, Kolkata, and Chennai. This decentralised structure ensures accessibility for litigants across different regions.

Time Limit for Filing Cases

The Act specifies strict time limits for filing cases:

• Original applications: Must be filed within six months from the date of the cause of action. The tribunal can extend this period by an additional 60 days if sufficient cause is demonstrated.
• Appeals: Must be filed within 30 days of the communication of the decision. An additional 60 days may be allowed for valid reasons.

Powers of the National Green Tribunal

The powers  of the NGT are comprehensive, enabling it to adjudicate effectively on environmental disputes and enforce compliance with environmental laws.

Procedural Flexibility

The NGT is not bound by the Code of Civil Procedure, 1908, or the rules of evidence under the Indian Evidence Act, 1872. Instead, it follows principles of natural justice, allowing for a more flexible and efficient approach to dispute resolution.

Relief, Compensation, and Restitution

Under Section 15 of the NGT Act, the tribunal is empowered to:

• Provide relief and compensation to victims of pollution and environmental damage.
• Order the restitution of property damaged by environmental harm.
• Direct the restoration of affected ecosystems and natural resources.

The tribunal ensures that compensation for environmental damage is in addition to any relief provided under other laws, such as the Public Liability Insurance Act, 1991.

Enforcement Powers

The NGT has the authority to:

• Cancel approvals and permits that violate environmental laws.
• Issue stop-work orders to prevent further environmental harm.
• Demolish unauthorised constructions that infringe on ecological balance.
• Direct government agencies to take preventive and corrective actions.

Principles Guiding Decision-Making

The tribunal operates based on the following principles:

• Sustainable Development: Ensuring that economic growth does not compromise environmental integrity.
• Precautionary Principle: Taking proactive measures to prevent environmental harm.
• Polluter Pays Principle: Holding polluters financially accountable for restoring environmental damage.

Authority to Divide Compensation

In cases involving multiple stakeholders or widespread environmental harm, the tribunal can divide compensation into distinct categories, as specified in Schedule II of the Act. This includes:

• Relief for public health damage.
• Compensation for property damage.
• Restoration of the environment.

Notable Powers of NGT Under Specific Laws

The NGT’s powers extend to enforcing compliance with the following laws:

1. Water Act (1974): Addresses water pollution and regulates industrial effluents.
2. Forest Conservation Act (1980): Protects forests and prohibits unauthorised deforestation.
3. Air Act (1981): Regulates air pollution and emissions.
4. Environment Protection Act (1986): Provides a framework for the protection and improvement of the environment.
5. Biological Diversity Act (2002): Ensures the conservation of biological resources.

Functions of the National Green Tribunal 

The National Green Tribunal was established under the National Green Tribunal Act, 2010, to ensure effective and expeditious resolution of environmental disputes. Its primary functions revolve around adjudicating cases related to environmental protection, conservation of natural resources, and enforcement of environmental laws.

Adjudication of Environmental Disputes

The NGT addresses civil cases involving substantial environmental questions or enforcement of legal rights related to the environment. It deals with disputes arising under laws specified in Schedule I of the NGT Act, such as the Water Act, Air Act, Forest Conservation Act, and Environment Protection Act.

Relief and Compensation

The tribunal provides relief and compensation to victims of pollution and environmental damage. It also orders restitution of damaged property and restoration of ecosystems. This compensation is in addition to any relief under other laws, such as the Public Liability Insurance Act, 1991.

Enforcement of Environmental Principles

The NGT applies the principles of sustainable development, polluter pays, and precautionary measures to ensure balanced decisions that protect the environment without stalling progress unnecessarily.

Appellate Jurisdiction

The tribunal hears appeals against orders, decisions, or directions issued under various environmental laws. This makes it a critical platform for resolving grievances related to environmental clearances and compliance.

Precedent Setting

Through its judgements, the NGT contributes to the development of environmental jurisprudence, creating legal precedents for future cases.

Landmark Judgements of the NGT

Over the years, the NGT has delivered several landmark judgements that underscore its effectiveness in safeguarding the environment:

POSCO Steel Project Case (2012)

The NGT in ​​POSCO Steel Project Case suspended the environmental clearance granted to the POSCO steel project in Odisha, citing violations of environmental norms. This judgement safeguarded forests and local livelihoods, emphasising the need to balance industrial development with environmental conservation.

Ban on Diesel Vehicles in Delhi-NCR (2015)

To address the severe air pollution crisis in Delhi-NCR, the tribunal banned diesel vehicles older than 10 years from operating in the region. This ruling aimed to mitigate the adverse effects of vehicular emissions on public health and the environment.

Art of Living Festival (2017)

The NGT imposed a fine of Rs. 5 crore on the Art of Living Foundation for ecological damage caused to the Yamuna floodplains during the World Culture Festival. The judgement underscored the need to protect fragile ecosystems from large-scale events that disregard environmental norms.

Uttarakhand Floods Case (2013)

Following the devastating floods in Uttarakhand, the NGT held Alaknanda Hydro Power Co. Ltd. responsible for contributing to the disaster. The tribunal directed the company to pay compensation, reinforcing the polluter pays principle and highlighting the accountability of industries for environmental harm.

Challenges Faced by the NGT

Despite its achievements, the NGT faces significant challenges:

• Limited Jurisdiction: Certain critical laws, such as the Wildlife Protection Act (1972) and the Forest Rights Act (2006), fall outside its purview, limiting its ability to address forest and wildlife-related issues comprehensively.
• Delays in Justice: Backlogs arise from inadequate infrastructure and a shortage of staff. The tribunal’s limited presence in rural areas restricts access for marginalised communities.
• Concerns Over Judicial Independence: The appointment of NGT members by the central government raises concerns about potential political interference.
• Economic Criticism: Decisions, such as halting infrastructure projects, are sometimes criticised for impeding economic development.

Conclusion

The National Green Tribunal is a cornerstone of environmental governance in India, ensuring accountability and compliance with environmental laws. Its powers and jurisdiction enable it to address complex environmental disputes, provide relief to affected communities, and contribute to sustainable development.

However, addressing its challenges—such as expanding its jurisdiction, improving infrastructure, and ensuring judicial independence—is crucial for enhancing its effectiveness. The NGT’s role in shaping environmental jurisprudence and safeguarding India’s ecological balance is indispensable in today’s era of rapid industrialisation and climate change.