National Green Tribunal : Nature Meets the Law

The National Green Tribunal (NGT) is an Indian specialised organisation formed in 2010 to handle matters involving environmental preservation, conservation of forests and other natural resources, and enforcement of environmental laws and regulations. It is a special entity with quasi-judicial authority, which means it may issue orders binding on the government and other public authorities. The NGT has played an important role in environmental protection in India, issuing orders on various topics such as air and water pollution, deforestation, and wildlife conservation.

In this article, you will get complete knowledge of the National Green Tribunal, its structures, Power of Jurisdiction, and strengths that will help understand the importance of the NGT in India's environmental conservation efforts.

• The Tribunal comprises the Chairperson, the Judicial Members and Expert Members. They shall hold office for a term of five years and are not eligible for reappointment.
• The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India (CJI).
• A Selection Committee shall be formed by the central government to appoint the Judicial Members and Expert Members.
• There are to be at least 10 and a maximum of 20 full-time Judicial members and Expert Members in the tribunal.

• The Tribunal has jurisdiction over all civil cases involving substantial questions relating to the environment (including enforcement of any legal right relating to the environment).
• Being a statutory adjudicatory body like Courts, apart from the original jurisdiction side on the filing of an application, NGT also has appellate jurisdiction to hear appeals as a Court (Tribunal).
• The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of 'natural justice'.
• While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
• NGT by order, can provide
• relief and compensation to the victims of pollution and other environmental damage (including accidents occurring while handling any hazardous substance),
• for restitution of property damaged, and
• for restitution of the environment for such areas or areas, as the Tribunal may think fit.
• An order/decision/award of the Tribunal is executable as a decree of a civil court.
• The NGT Act also provides a procedure for a penalty for non-compliance:
• An order/decision/award of the Tribunal is executable as a decree of a civil court.
• The NGT Act also provides a procedure for a penalty for non-compliance:
• An appeal against an order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.
• The NGT deals with civil cases under the seven laws related to the environment, these include:
• The Water (Prevention and Control of Pollution) Act, 1974,
• The Water (Prevention and Control of Pollution) Cess Act, 1977,
• The Forest (Conservation) Act, 1980,
• The Air (Prevention and Control of Pollution) Act, 1981,
• The Environment (Protection) Act, 1986,
• The Public Liability Insurance Act, 1991 and
• The Biological Diversity Act, 2002.
• Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT.

• Over the years NGT has emerged as a critical player in environmental regulation, passing strict orders on issues ranging from pollution to deforestation to waste management.
• NGT offers a path for the evolution of environmental jurisprudence by setting up an alternative dispute resolution mechanism.
• It helps reduce the burden of litigation in the higher courts on environmental matters.
• NGT is less formal, less expensive, and a faster way of resolving environment-related disputes.
• It plays a crucial role in curbing environment-damaging activities.
• The Chairperson and members are not eligible for reappointment, hence they are likely to deliver judgements independently, without succumbing to pressure from any quarter.
• The NGT has been instrumental in ensuring that the Environment Impact Assessment process is strictly observed.

The National Green Tribunal (NGT) emerges as a beacon of hope for environmental justice. In India, it is a testament to the evolving legal landscape to ensure the sustainable development of natural resources. NGT's adjudication process, legal expertise, and landmark decisions have advanced environmental protection while also inspiring businesses and individuals to adopt environmentally responsible practices. The NGT's role in fostering an environment of harmony between development and nature remains vital, and law firms like ours stand ready to advocate for environmental justice. By working together, we can make tomorrow greener and more sustainable.