National Green Tribunal Act, 2010

The National Green Tribunal Act, 2010 is a special legislation enacted to establish the National Green Tribunal (NGT) for speedy disposal of environmental disputes in India. The Act provides a specialised forum for cases relating to environmental protection, conservation of forests and natural resources, compensation for environmental damage, and enforcement of environmental rights. The NGT combines judicial expertise with environmental knowledge through Judicial Members and Expert Members.

What Is The National Green Tribunal Act, 2010?

The National Green Tribunal Act, 2010 is an environmental law enacted by the Parliament of India to establish the National Green Tribunal for effective and expeditious resolution of environmental disputes. The Act aims to provide relief and compensation to victims of pollution and environmental damage and ensure proper conservation of forests and other natural resources.

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The Act recognises that environmental disputes often involve complex scientific and technical issues requiring specialised knowledge. Therefore, it creates a tribunal consisting of judicial and environmental experts instead of relying only on traditional courts.

The National Green Tribunal Act, 2010 came into force on 18 October 2010. It replaced the earlier legal framework under the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997.

The Act is based on the idea that the right to a healthy environment forms part of the fundamental right to life under Article 21 of the Constitution of India. It seeks to provide effective remedies for environmental harm and improve access to environmental justice.

Background And Need For The National Green Tribunal Act, 2010

Rapid industrial development, urbanisation, infrastructure expansion, and increased use of natural resources created several environmental challenges in India. Environmental disputes became more complicated due to the involvement of scientific, technical, and legal issues.

Before the establishment of the National Green Tribunal, environmental matters were dealt with by ordinary courts and specialised authorities such as the National Environment Appellate Authority. However, these mechanisms had limited jurisdiction and were not sufficient to handle the increasing number of environmental cases.

The need for a specialised environmental tribunal arose because:

• Environmental disputes require scientific and technical understanding along with legal analysis.
• Pollution and ecological damage often affect large communities and future generations.
• Victims of environmental harm require timely compensation and restoration measures.
• Environmental cases pending before higher courts created a need for an expert forum.

The National Green Tribunal Act, 2010 was enacted to establish a specialised tribunal having both original and appellate jurisdiction over environmental matters.

Objectives Of The National Green Tribunal Act, 2010

The main objectives of the National Green Tribunal Act, 2010 are:

Establishment Of A Specialised Environmental Tribunal

The primary objective of the Act is to create the National Green Tribunal as a dedicated institution for dealing with environmental disputes.

Speedy Disposal Of Environmental Cases

The Act aims to ensure faster resolution of environmental matters compared to ordinary judicial proceedings.

The Tribunal is required to make efforts to dispose of applications and appeals within six months from the date of filing after providing an opportunity of hearing to concerned parties.

Providing Compensation For Environmental Damage

The Act empowers the Tribunal to grant relief and compensation to victims affected by pollution, hazardous activities, and environmental damage.

Protection Of Natural Resources

The Act focuses on conservation of forests, water, air, biodiversity, and other natural resources.

Enforcement Of Environmental Rights

The Tribunal provides a legal mechanism for enforcement of rights relating to environmental protection.

Establishment Of National Green Tribunal

Section 3 of the National Green Tribunal Act, 2010 provides for the establishment of the National Green Tribunal.

The Central Government establishes the Tribunal through an official notification. The Tribunal exercises the jurisdiction, powers, and authority provided under the Act.

The NGT is a statutory body and functions as a specialised judicial institution for environmental matters.

Composition Of National Green Tribunal

The composition of the National Green Tribunal is provided under Section 4 of the Act.

The Tribunal consists of:

• A full-time Chairperson.
• Judicial Members.
• Expert Members.

The Central Government determines the number of members, subject to the limits provided under the Act.

The Act provides that the Tribunal shall have:

• Minimum 10 and maximum 20 full-time Judicial Members.
• Minimum 10 and maximum 20 full-time Expert Members.

The presence of both Judicial Members and Expert Members ensures that environmental disputes are examined from legal as well as scientific perspectives.

Who Can Become A Member Of The National Green Tribunal?

The National Green Tribunal requires members with legal experience and environmental expertise.

Qualifications Of Judicial Members

A person can be appointed as the Chairperson or Judicial Member if the person:

• Is or has been a Judge of the Supreme Court of India; or
• Is or has been Chief Justice of a High Court.

A person who is or has been a High Court Judge can also be appointed as a Judicial Member.

Qualifications Of Expert Members

An Expert Member must possess specialised qualifications and experience in environmental fields.

The requirements include:

• A postgraduate degree in physical sciences or life sciences with a doctorate degree; or
• A Master of Engineering or Master of Technology degree.

Such a person must also have fifteen years of relevant experience, including five years of practical experience in environmental fields such as:

• Pollution control
• Hazardous substance management
• Environmental impact assessment
• Climate change management
• Biodiversity management
• Forest conservation

Persons having administrative experience in environmental matters may also qualify as Expert Members.

Jurisdiction Of National Green Tribunal

The jurisdiction of the National Green Tribunal is one of the most important features of the Act.

The Tribunal has:

• Original jurisdiction
• Appellate jurisdiction

Original Jurisdiction Of NGT

Under Section 14 of the Act, the NGT has jurisdiction over civil cases involving a substantial question relating to environment.

A case must involve:

• A substantial environmental question; and
• Implementation of laws mentioned in Schedule I of the Act.

The Tribunal can hear disputes relating to environmental rights and pass appropriate orders.

The environmental laws included in Schedule I are:

• Water (Prevention and Control of Pollution) Act, 1974
• Water (Prevention and Control of Pollution) Cess Act, 1977
• Forest (Conservation) Act, 1980
• Air (Prevention and Control of Pollution) Act, 1981
• Environment (Protection) Act, 1986
• Public Liability Insurance Act, 1991
• Biological Diversity Act, 2002

What Is A Substantial Question Relating To Environment?

The Act defines a substantial question relating to environment under Section 2.

It includes situations where:

• There is a direct violation of environmental obligations under law.
• The community at large is affected or likely to be affected.
• Environmental damage or damage to property is substantial.
• Damage to public health can be broadly measured.
• Environmental consequences arise from a specific activity or source of pollution.

Thus, every environmental issue does not automatically come under NGT jurisdiction. The matter must involve a substantial environmental question.

Relief And Compensation Granted By National Green Tribunal

Section 15 of the Act empowers the NGT to provide relief, compensation, and restitution.

The Tribunal may grant:

• Compensation To Victims Of Pollution: The Tribunal can provide compensation to persons affected by pollution and environmental damage.
• Restitution Of Damaged Property: Where environmental activities cause damage to property, the Tribunal can order restoration.
• Restoration Of Environment: The NGT can direct measures for restoring damaged environmental areas.

Compensation under the Act is additional to relief available under the Public Liability Insurance Act, 1991.

Grounds On Which Compensation Can Be Claimed

Schedule II of the Act specifies different categories under which compensation or relief may be claimed.

These include:

• Death caused due to environmental damage.
• Permanent or temporary disability.
• Medical expenses.
• Loss of wages.
• Damage to private property.
• Expenses incurred for relief and rehabilitation.
• Environmental restoration costs.
• Damage to flora and fauna.
• Loss of business or employment.
• Pollution-related damage to soil, air, water, land, and ecosystems.

Appellate Jurisdiction Of National Green Tribunal

Apart from original jurisdiction, the NGT also has appellate jurisdiction.

Under Section 16, appeals can be filed against certain orders passed under environmental laws.

The appellate jurisdiction covers matters relating to:

• Orders under the Water Act, 1974.
• Orders under the Forest Conservation Act, 1980.
• Orders under the Air Act, 1981.
• Directions issued under the Environment Protection Act, 1986.
• Environmental clearance decisions.
• Biodiversity-related decisions.

An appeal generally has to be filed within thirty days from communication of the order. The Tribunal may allow delayed filing if sufficient cause is shown.

Powers And Procedure Of National Green Tribunal

The NGT follows a flexible procedure to ensure effective environmental justice.

Not Bound By Civil Procedure Code

Under Section 19, the Tribunal is not strictly bound by the procedure under the Code of Civil Procedure, 1908.

However, it follows the principles of natural justice.

Not Bound By Evidence Act

The Tribunal is also not bound by the rules of evidence under the Indian Evidence Act, 1872.

This allows the Tribunal to adopt a practical approach while examining environmental disputes.

Powers Similar To Civil Court

The NGT has powers similar to a civil court, including:

• Summoning persons.
• Examining witnesses.
• Requiring production of documents.
• Receiving evidence through affidavits.
• Reviewing decisions.
• Passing interim orders.
• Issuing directions to stop environmental violations.

Environmental Principles Applied By National Green Tribunal

Section 20 of the Act requires the Tribunal to apply important environmental principles while deciding cases.

Sustainable Development Principle

The principle ensures that development activities balance economic growth with environmental protection.

Precautionary Principle

This principle requires preventive action where environmental harm may occur, even if complete scientific certainty is not available.

Polluter Pays Principle

Under this principle, the person responsible for pollution must bear the cost of preventing and repairing environmental damage.

These principles have become important tools in Indian environmental jurisprudence.

Appeal Against NGT Decision

A person aggrieved by an order, decision, or award of the National Green Tribunal can approach the Supreme Court.

Under Section 22, an appeal can be filed before the Supreme Court within ninety days from the date of communication of the NGT order.

The appeal lies on grounds specified under Section 100 of the Code of Civil Procedure, 1908.

Penalty For Non-Compliance With NGT Orders

The Act provides penalties for failure to comply with orders passed by the Tribunal.

Under Section 26:

• Imprisonment may extend up to three years.
• Fine may extend up to ten crore rupees.
• Additional fine may apply for continuing violations.

For companies, the penalty may extend up to twenty-five crore rupees.

Bar Of Civil Court Jurisdiction

Section 29 restricts civil courts from dealing with matters that fall within the jurisdiction of the NGT.

No civil court can:

• Entertain appeals relating to matters under NGT appellate jurisdiction.
• Decide claims for environmental compensation or restitution covered under the Act.

This ensures that environmental disputes are handled by the specialised tribunal created for that purpose.

Conclusion

The National Green Tribunal Act, 2010 established a specialised judicial mechanism to address environmental disputes in India. Through its original and appellate jurisdiction, compensation powers, and application of environmental principles, the NGT plays an important role in protecting natural resources and ensuring environmental accountability. The Act reflects the growing importance of environmental justice and sustainable development within the Indian legal system.