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ENVIRONMENTAL LAW PROJECT REPORT ON - i
ROLE OF NGT IN PROTECTING ENVIRONMENT IN
INDIA: CRITICAL ANALYSIS
PROJECT SUBMITTED TO:
DR. KAUMUDHI CHALLA
(FACULTY OF ENVIRONMENTAL LAW)
PROJECT SUBMITTED BY:
VIVEK KASHYAP
SEMESTER IV
BATCH – 2017
ID NO.
01620161567
HIDAYATULLAH NATIONAL LAW UNIVERSITY RAIPUR,
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CHHATTISGARH
TABLE OF CONTENTS
CHAPTER 1: INTRODUCTION ..................................………………………….…….3
Research Methodology………………………………………………………...……….4
Objectives.........................................................................................................................4
Scheme of Research……………………………………..............................…………………………...…..5
Limitation………………………………………………………........................................……………………….5
Research Questions..........................................................................................................5
CHAPTER 2: Jurisdiction and power of NGT....................................6
CHAPTER 3: Recent order passed by NGT ……….................................................................9
CHAPTER 4: Procedure for filing an application or appeal……………………………………………….12
Conclusion.......................................................................................................................14
Bibliography.....................................................................................................................15
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CHAPTER 1: INTRODUCTION
“National Green Tribunal was established in 2010 under Article 21 of the Indian Constitution
which guarantees the citizen of India the right to healthy environment. India is the third country
following Australia and New Zealand to have such system. The tribunal is a special fast-track
quasi-judicial body comprising of judges and environment expert who will ensure expeditious
disposal of cases.”
In “India the higher judiciary is loaded with excessive weight with a large backlog of cases. It
may be appreciated that in order to have effective prevention of environmental pollution and
environmental complaints should be decided in an efficient manner which is not possible in the
present context of judicial administration. Therefore urgent need was felt for an alternative forum
so that environmental cases were resolved without much delay. India’s Environmental Court as a
result of the need repeatedly express by the Constitutional Courts on the need to have a
specialized judicial bodies to deal with complex environment questions. The trigger for setting
up of Environmental Courts was through the Supreme Court of India which in its judgment
highlighted the difficulties faced by Judges in adjudicating on Environment.”
The “Supreme Court in M. C. Mehta v. Union of India observed that “Environment Court” must
be established for expeditious disposal of environmental cases and reiterated it time and again.
As a sequel to it the National Environment Tribunal Act, 1995 and National Environment
Appellate Authority Act, 1997 were passed by the Indian Parliament. But both the Act proves
non-starter. They could not cut much ice and there was a growing demand that some legislation
must be passed to deal with environmental cases more efficiently and efficaciously. Ultimately
the Indian Parliament Passed. The National Green Tribunal Act, 2010 to handle all the cases
relating to environmental issues.”
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RESEARCH METHODOLOGY
“Research is a systematized effort to gain new knowledge”.
-Redman and Mory.
This “research is descriptive and analytical in nature. The researcher has followed the doctrinal
method for research purposes. Secondary and Electronic resources have been largely used to
gather information and data about the topic.”
“Books and other reference have been primarily helpful in giving this project a firm structure.
Websites, dictionaries and articles have also been referred. Literature review has been done
extensively in order to make a comprehensive presentation. Electronic media, i.e. the Internet
also has been one of the main sources of research. Footnotes have been provided wherever
needed, to acknowledge the source.”
The project “Role of NGT in protecting environment in India: Critical analysis” is non-
empirical in nature and derives its data from secondary sources like articles from journals and
those available on the internet.
OBJECTIVES:
The following are the objectives of the research paper:
To understand the objectives and features of NGT.
To understand the jurisdiction of NGT.
To understand the powers of NGT.
To understand the procedure of filling a suit.
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SCHEME OF RESEARCH:
This article is divided into 4 chapters dealing with the objectives and features of NGT,
powers and functions of NGT, recent judgments given by NGT.
LIMITATION:
This research paper is done relying mostly on articles and essays published by authors
online written on the analysis of role of NGT in protecting environment in India. My
research is mostly confined with the online sources. The area of research is restrained
only to the concept of analysis of the role of NGT in protecting environment in India.
RESEARCH QUESTIONS:
1. What are the objectives and features of NGT?
2. What are the powers and functions of NGT?
3. What is the procedure of filling a suit under NGT?
4. What are the recent judgments given by NGT?
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CHAPTER 2: JURISDICTION AND POWERS OF NGT
“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.
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 endeavor 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.”
The “NGT has a power to hear all civil matters which are related to environment and questions
regarding the enforcement and implementation of laws which fall under the seven categories of
laws namely (in order of their enactment)”-
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 “NGT also at the time of giving orders shall apply the principals of sustainable development
and also the principal that the one who pollutes shall pay. It will have the same power as of the
civil court in deciding the matter falling within these seven legal acts. The National Green
Tribunal has the power to order, direct, and settle disputes, provide relief and compensation. The
compensation includes restitution of damaged property and damage to the environment.” The
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“National Green Tribunal operates a very broad jurisdiction and is a beneficial piece of
legislation because a liberal construction encompasses the entire range of environmental laws.
The National Green Tribunal Act prescribes for a definitional limitation on a substantial question
of law relating to the environment. The National Green Tribunal Act provides for remedy for
direct violation of an environmental obligation at three levels i.e. for violations that affect the
community at large, for an incidence of substantial property or environmental damage, or for
public health damages.” The “National Green Tribunal Act also produces statutes for
environmental consequences that relate to specific activity or a point source of pollution. The
Tribunal exercises appellate jurisdiction on all Schedule I enactments and under order or
decision of State governments, Central Pollution Control Boards, State Pollution Control Board,
National Biodiversity Authority, State Biodiversity Boards. The National Green Tribunal also
exercises its jurisdiction over industrial environmental clearances, forests and other
infrastructural, developmental projects.”
The “National Green Tribunal has the power of a Civil Court in respect of summoning, enforcing
attendance, receiving evidence on affidavits, examining on oath, and granting ex parte and
interim orders and injunctions. The National Green Tribunal Act integrated strict liability,
precautionary and polluter pay as part of Sustainable Development management through stare
decisis. Civil courts honor The National Green Tribunal orders and award the costs the National
Green Tribunal declares appropriate.”
In “Charanlal Sahu v. Union of India 1 the court opined that “under the existing civil
law damages are determined by the civil Courts, after a long drawn litigation, which
destroys the very purpose of awarding damages so in order to meet the situation, to avoid
delay and to ensure immediate relief to the victims, the law should provide for
constitution of tribunal regulated by special procedure for determining compensation to
victims of industrial disaster or accident, appeal against which may lie to this Court on
the limited ground of questions of law only after depositing the amount determined by the
tribunal.”
Law “commission was guided by the model of environmental court established in New
Zealand and the Land and Environmental Court of New South Wales and also the
1
1990 AIR 1480, 1989 SCR Supl. (2) 597
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observations of the Supreme Court in four judgments, namely, M.C. Mehta v. Union of
India2, Indian Council for Environmental – Legal Action v. Union of India, A.P.
Pollution Control Board v. Nayudu.”
The “Commission also considered the reference made in the Nayudu case to the idea of a “multi-
faceted” Environmental Court with judicial and technical/scientific inputs as formulated by Lord
Woolf in England recently and to Environmental Court legislations as they exist in Australia,
New Zealand and other countries. The report also adopted the practice of the Environmental
Courts in Australia and New Zealand which function as appellate Courts against orders passed
under the corresponding Water Acts, Air Acts and Noise Acts and various Environmental related
Acts and also have original jurisdiction. They have all the powers of a Civil Court. Some have
even powers of a Criminal Court.”
The “Act is also an endeavor of the Parliament under Article 253 3 read with Entry 14 of List I of
Schedule VII to fulfill the obligation of India towards Stockholm Declaration, 1972 in which
India participated, calling upon the States to take appropriate steps for the protection and
improvement of the human environment and Rio Declaration4, in which India participated,
calling upon the States to provide effective access to judicial and administrative proceedings,
including redress and remedy and to develop national laws regarding liability and compensation
for the victims of pollution and other environmental damage.”
The “act was also a response to implement the apex court’s pronouncement that the right to
healthy environment is a part of the right to life under Article 21 of the Indian Constitution.”
2
1987 AIR 1086, 1987 SCR (1) 819
3
The Indian Constitution, 1949
4
1992
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CHAPTER 3: RECENT ORDERS PASSED BY NGT
This “is positive note that over the last 7 years, the NGT has adjudicated over 10,000 cases and
has successfully managed to dispose off most of the cases in the six months that was stipulated at
the beginning. In beginning, NGT decided important disputes which were in issue for many
years like the Posco Case is one of the most important cases in NGT’s history. The Order to
suspend the establishment of the 12 MTPA capacity steel plants in Odissa came as a radical step
in favour of the local communities and forests.” The “Goa foundation case was a landmark case
that established NGT’s jurisdiction in all civil cases which involve a substantial question of
environment. The petition sought protection of the Western Ghats and prayed for directions to
the respondents to exercise the powers conferred upon them under the enactments stated in
Schedule I to the National Green Tribunal Act, 2010 (for short “the NGT Act”) for preservation
and protection of Western Ghats within the framework, as enunciated by the Western Ghats
Ecology Expert Panel in its report dated 31st August, 2012. The Tribunal directed the MoEF to
file its reply on the report within 4 weeks. The Sand Mining Order has been the latest victory of
NGT. The Tribunal put a ban on all forms of Illegal River and Ocean bed sand mining which
were rampant across the country due to the sand mafia's influence over the sand market.”
1) “Order of the National Green Tribunal regarding preservation of Amarnath Cave
in Himalayas
Order of the National Green Tribunal in the matter of Gauri Maulekhi Vs. State of Jammu &
Kashmir & Others dated 13/12/2017 regarding preservation of Amarnath Cave in Himalayas.
NGT directs that no pilgrim/devotee/person would be permitted to carry any article from the last
stairs leading to the holy cave and from the end point of stairs and area of the holy cave only
shall be treated as silence zone.”
2) “Order of the National Green Tribunal regarding illegal constructions on Ganga
floodplains, Uttarakhand
Order of the National Green Tribunal in the matter of Rajiv Savara Vs. Darrameks Hotels and
Developers Pvt. Ltd. & Others dated 18/12/2017 regarding construction of a hotel on Ganga
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floodplains, Uttarakhand. Counsel appearing for the State of Uttarakhand submits that they have
already taken effective steps in furtherance to the Judgment of 01st September, 2016 and issued a
GO/Notification on 29th September, 2017 and that steps have been taken to demarcate the River
Ganga.”
3) “Order of the National Green Tribunal regarding noise pollution by Delhi Metro
Order of the National Green Tribunal in the matter of Samriddhi Goswami vs. Union of India &
Others regarding noise pollution by Delhi Metro dated 12/12/2017. NGT disposes of this
application with the direction that DMRC shall maintain and adhere to the prescribed norms of
noise pollution while carrying on its activity. The Court also directs the Delhi Pollution Control
Committee to keep a complete supervision in that behalf.”
4) “Order of the National Green Tribunal regarding noise pollution by Delhi Metro
Order of the National Green Tribunal in the matter of Samriddhi Goswami vs. Union of India &
Others regarding noise pollution by Delhi Metro dated 12/12/2017. NGT disposes of this
application with the direction that DMRC shall maintain and adhere to the prescribed norms of
noise pollution while carrying on its activity. The Court also directs the Delhi Pollution Control
Committee to keep a complete supervision in that behalf.”
5) “Order of the National Green Tribunal in the matter of Social Action for Forest &
Environment (SAFE) vs. Union of India & Ors. dated 22/12/2016
Regarding camping activities along Ganga. The Counsel appearing for the Ministry of
Environment, Forest and Climate Change submits that they have already cleared and approved
the Regulatory Regime, Management Plan and Wildlife Institute of India (WII) report.”
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6) “Order of the National Green Tribunal in the matter of Anand Arya Vs. Union of
India & Ors. dated 06/12/2016
Regarding ecology and health of wetlands in India. NGT directs Central Wetland Regulatory
Authority to hold a meeting with concerned Department of State Governments of Maharashtra,
Karnataka, Mizoram, Nagaland, Telanagana, Uttarakhand, Daman and Diu, Lakshyadeep,
Chhattisgarh and Arunachal Pradesh in regard to Broad Geographical.”
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CHAPTER 4: PROCEDURE FOR FILING AN APPLICATION
OR APPEAL
The “NGT follows a very simple procedure to file an application seeking compensation for
environmental damage or an appeal against an order or decision of the Government. The official
language of the NGT is English. For every application / appeal where no claim for compensation
is involved, a fee of Rs. 1000/- is to be paid. In case where compensation is being claimed, the
fee will be one percent of the amount of compensation subject to a minimum of Rs. 1000/-. A
claim for Compensation can be made for”:
1. “Relief/compensation to the victims of pollution and other environmental damage including
accidents involving hazardous substances;
2. Restitution of property damaged;”
3. “Restitution of the environment for such areas as determined by the NGT. No application for
grant of any compensation or relief or restitution of property or environment shall be entertained
unless it is made within a period of five years from the date on which the cause for such
compensation or relief first arose.”
“PRINCIPLES OF JUSTICE ADOPTED BY NGT
The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but
shall be guided by principles of natural justice. Further, NGT is also not bound by the rules of
evidence as enshrined in the Indian Evidence Act, 1872. Thus, it will be relatively easier (as
opposed to approaching a court) for conservation groups to present facts and issues before the
NGT, including pointing out technical flaws in a project, or proposing alternatives that could
minimize environmental damage but which have not been considered.” While “passing
Orders/decisions/awards, the NGT will apply the principles of sustainable development, the
precautionary principle and the polluter pays principles. However, it must be noted that if the
NGT holds that a claim is false, it can impose costs including lost benefits due to any interim
injunction.”
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JUDICIAL REVIEW
“Forest ministry has been quite upset with NGT for bestowing upon itself the power of judicial
review. NGT has bestowed upon itself a wide ambit of jurisdiction in the name of “ancillary and
inherent powers necessary in the interest of justice”. The tribunal held that it is a specialised
body and has a procedure of its own (Section 19), which gives it power to adjudicate on issues
where judicial review is required.”
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Conclusions and Suggestions
The “National Green Tribunal has undoubtedly proved to be a panacea, and it has achieved its
objectives effectively. It is not bound by procedure and does not include any structural
formalities. There is no delay in the resolution of cases and has fulfilled all the objectives for
which it was created. Environmental protection, being the most important concern of the nation,
the creation of the tribunal seems to be an appropriate step taken at an appropriate time. Its
constitution has not only led to fruitful results in the national context but has also marked its
image as a rising star on the international front. Since time immemorial, India has been a country
supporting environmentalism and its tendency to conserve nature and its gifts cannot be
overlooked.”
This “legislation has proved to be a great success due to its accuracy in provisions of its dispute
resolution mechanism, in providing adequate remedy and at the same time not taking away the
remedies of other courses of law. NGT has the power to hear the initial complaints and also the
appeals from lower courts.”
A “good piece of work is the one which accommodates in itself a scope for improvement.
Environmental regulations are an example of scientific approach applied to law. An example to
understand this aspect is that public health is defined in a tangible or more of a lucid form to
include safe, healthy and wholesome environmental milieu but the variability of the actual
environmental conditions doesn’t allow it to be as simple as it seems and rather makes it more of
a hideous monster. The approximation used in the methods of calculating the quantum of
pollution etc. is not as helpful as it might look.”
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BIBLIOGRAPHY
Books referred
1. Environmental law by- S.C. Shastri
2. Gurdip Singh- Environmental Law
References
1. “https://lawbhoomi.com/role-of-national-green-tribunal-in-environment-protection-1/
2. https://ijcrt.org/papers/IJCRT1704297.pdf
3. https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2713728_code2496806.pdf?
abstractid=2713728”
