WEST BENGAL STATE UNIVERSITY

KINGSTON LAW COLLEGE

(A UNIT OF KINGSTON EDUCATIONAL INSTITUTE)

GREEN BENCH REPORT

UNDER THE SUPERVISION OF: ASSISTANT PROF. SHAMSHER
ALI, HoD, KLC

SUBMITTED BY

NAME: SWARNADIP DAS

REGISTRATION NO.: 3032211406391
UNIVERSITY ROLL NO.: 30322011250011
COLLEGE ROLL NO.: 22/KLC-LL. B/115
COURSE: LL.B (3 YEARS)
SESSION: 2022 – 2025
SEESTER: 6th Semester
 CERTIFICATE

This is to certify that, SWARNADIP DAS, being a student of 3 years LL. B of

6TH Semester, bearing the Roll no. 22/KLC-LL. B/115, REGISTRATION NO.
3032211406391, under WEST BENGAL STATE UNIVERSITY, have been
done this project work under the guidance of ASSISTANT PROF. SHAMSHER
ALI, HoD, to fulfillment of the award of the 3years LL. B degree (2022 – 2025)
during the period of final year.

Place: Kolkata

Date:

Shamsher Ali, HoD, KLC

[Kingston Law College]

 ACKNOWLEDGEMENT

Before detailing the report, it is essential to acknowledge the efforts of certain

good people who had given their support and guidance to make this report.

First of all, I must express my sincere gratitude to all lecturers especially who
supported and guided and accompanied us throughout this effort. I thank all the
teachers who helped me by providing the equipment that was necessary and vital,
without which I would not have been able to work effectively on this project. I
would also like to thank our Principal Dr. Suman Gupta Sharma, for providing
me with this wonderful opportunity to work on a project on the topic of Green
Bench Report. I would also like to express my sincere gratitude to my friends
and parents, who stood by me and encouraged me to work on this Project. The
completion of the project would not have been possible without their held and
insights.

I would like to acknowledge that this project was completed entirely by me and
not by someone else.
 Declaration

I, SWARNADIP DAS, Roll No. 22/KLC-LL.B/115 hereby Declare that the

Project Report Entitled in the partial fulfilment of the course curriculum of the
Degree LL.B (3 years) from KINGSTON LAW COLLEGE.

The work done by me is my own peace of work and authentic to the best of my
knowledge under the supervision of Prof. Shamsher Ali, HoD, KLC.

(Signature)

Name – Swarnadip Das

Registration No. 3032211406391 of 2022
Roll No. 22/KLC-LL.B/115
Course – LL.B (3 years)
Semester – 6th Semester
Session – 2022 – 2025
 ABBREVIATION
Acronym Full Form Acronym Full Form
ADM Additional District Magistrate FB Full Bench
ADR Alternative Dispute Report FIR First Information Report
AG Attorney General GPA General Power of Attorney
AG Attorney General HC High Court
AIR All India Reporter HCP Habeas Corpus Petition
AIR (SC) All India Reporter (Supreme HRA Human Rights Act
Court)
AOR Advocate on Record ICJ International Court of
Justice
APP Assistant Public Prosecutor IPC Indian Penal Code
ARBARD(A) Arbitration Appeal / petition MOU Memorandum of
/ (P) Understanding
AS First Appeal OP Original Petition
BC Banking Case PC Act Prevention of Corruption
Act
BCI Bar Council of India PIL Public Interest Litigation
CAS Central Administrative POCSO Protection of Children for
Tribunal Sexual Offences Act
CC Certified Copy PW Prosecution Witness
CC Criminal Case REV. AP Review Application
PL
CIC Central Information RT Referred Trial
Commission
CJI Chief Justice of India RTI Right to Information
CJM Chief Judicial Magistrate SA Second Appeal
CMA Civil Miscellaneous Appeal SAT Securities Appellate
Tribunal
CPC Civil Procedure Code SCC Supreme Court Cases
CrPC Code of Criminal Procedure SOPO Sexual Offences Prevention
Order
CS Court of Sessions TC Tax Case
DB Division Bench Tr. P Transfer Petition
DM District Magistrate UCC Uniform Commercial Code
DMC Divorce and Matrimonial UDHR Universal Declaration of
Cases Human Rights
DVC Domestic Violence Act WP Writ Petition
ECC / ECR Exercise and Custom Cases/ Writ A formal written order or
Report directive from Higher Court
 TABLE OF CONTENTS

Sl. No. Topic Names Page No.

1 Introduction 1–2
2 Origin of The Idea of Establishing of Environmental Courts in 3–5
India
3 Composition of National Green Tribunal 6–8
4 Powers and Jurisdiction of National Green Tribunal (NGT) 9 – 10
5 Guiding Principles of National Green Tribunal (NGT) 10
6 Objectives of National Green Tribunal 10 – 11
7 Benefits of National Green Tribunal (NGT) 11
8 Case Analyse
8.a Vijay Singh Vs. State of Rajasthan & Ors. 12 – 14
8.b Sudhan Das Vs. Union of India Ors. 15 – 17
9 Conclusion 18
10 Bibliography 19
 INTRODUCTION

The National Green Tribunal has been established on 18.10.2010 under the National Green
Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources including enforcement of
any legal right relating to environment and giving relief and compensation for damages to
persons and property and for matters connected therewith or incidental thereto. 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.

The 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 endeavour 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 National Green Tribunal Act, 2010 under Section 19 gives the Tribunal power to regulate
its own procedure. Additionally, the Tribunal is not bound by procedure under the Code of
Civil Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of natural
justice. However, the Tribunal is vested with the powers of a civil court under the Code of Civil
Procedure for discharging its functions.

The Tribunal has framed its own rules since applications to the tribunal are inherently distinct
from civil suits or writ petitions. The Tribunal identifies necessary parties as required under
necessary statutes mentioned in Schedule I of the NGT Act, 2010 and requires them to
promptly respond by email which saves time and cost. Notice is not issued mechanically to
every party named as respondents in the application.

The Tribunal entertains letter petitions which bring to light instances of substantial
environmental damage. A valid complaint is taken note of even in the absence of any
representation from the aggrieved party and response is sought by email and can be filed even
without an advocate.

Further directions to submit 'factual and action taken' report are issued to identified statutory
authorities and/or experts identified by the Tribunal, as deemed appropriate, to investigate the
claims of environmental damage. An executable order is passed requiring concerned authority
to take steps including restricting pollution, recovering compensation and initiating
prosecution.

Upon adjudication of claims by the Tribunal, select members or committees, including those
comprising former high court judges, former chief secretaries or subject matter experts may be
appointed to ensure timely execution of the orders, in cases where it is deemed appropriate by
the Tribunal.
 Origin of The Idea of Establishing of Environmental Courts in India

Environment and human existence are intricately intertwined, with the quality of an
individual's environment having a profound effect on their quality of life. The Supreme Court
of India has stated in numerous cases that the right to a pollution-free environment, including
access to unpolluted water and pure air, is fundamental. It is a vital component of the right to
life guaranteed by Article 21 of the Indian Constitution.

The development of Environmental Law in India can be classified into two distinct phases:

 Development prior to 1972 - During this period, India mainly depended on an

amalgamation of tort laws, criminal laws, regulations related to water and forests, and
specialized legislation to look into environmental protection matters. It can be noticed
that there was comparatively restricted advancement in Indian Environmental Law
during this generation.
 Development after-1972 - This phase aligned with the outcome of the Stockholm
Conference and marked a significant development in the field of International
Environmental Law. The Stockholm Conference carried global awareness of
environmental protection concerns, and India was no exception to this developing
awareness.

The 1972 Stockholm Declaration on the Human Environment was a direct result of the 1972
Stockholm Conference of the United Nations on Human Environment and Development. This
declaration's status is comparable to that of the 1948 Universal Declaration of Human Rights,
signifying its pre-eminence in the field of environmental law.

At the Stockholm Conference, where Mrs. Indira Gandhi, the then-Prime Minister of India,
participated, the discussion, issues raised, and progress had a significant impact on her. This
motivation resulted in rapid enhancements to India's environmental strategy immediately
following the Stockholm Conference.

The 42nd amendment introduced significant modifications to the Indian Constitution,

especially in the context of environmental law. Particularly, it assigned a shared accountability
to both the state and its citizens for the safety and fortification of the environment.
By incorporating Article 48-A into the Indian Constitution's Directive Principles of State
Policy, the state was given the responsibility "to safeguard and improve the environment and
to protect the country's forests and wildlife."

With the enactment of Article 51-A, the Constitution imposed ten fundamental responsibilities
on its citizens. Recognising that citizens are endowed with a variety of fundamental liberties
as part of their status in the country, these obligations were imposed. Recognising the essential
relationship between rights and responsibilities, these fundamental duties serve as a constant
reminder to citizens that, while the Constitution provides them with explicit fundamental rights,
it also imposes on them definite duties that they must fulfil in order to become responsible
citizens.

Subsequently, Article 51-A (g) obligated citizens "to protect and improve the natural
environment, including forests, lakes, rivers, and wildlife, and to have compassion for living
creatures"

Article 47 of the Indian Constitution mandates that the state better the nutritional and living
standards of its citizens and public health. States must also limit the use of all intoxicating
substances, with the exception of tobacco. The provisions of this article impose on the state the
obligation to implement all essential health protection parameters.

Article 21 of the Indian Constitution guarantees the Fundamental Right to reside in a pollution-
free environment and to have access to clean air and water. While the right to life and personal
liberty were inherent in the Constitution, their multiple facets emerged gradually, guided by
court decisions and investigations.

In the 1980s, the Supreme Court of India began rendering decisions in numerous cases
involving the protection of an individual's right to exist in a pollution-free environment. During
this time, the Court issued a number of directives, conducted crucial analyses, and imposed
restrictions, all with the goal of ensuring that every person could appreciate a clean
environment as a fundamental, life-sustaining right.

The National Green Tribunal (NGT) is a specialized body that was formed under the NGT Act,
2010 for effective and expeditious disposal of cases that are related to the protection and
conservation of the environment, forests, and other natural resources. India has become the
third country in the world after Australia and New Zealand, to set up a specialized
environmental tribunal and also the first developing country to do so. The National Green
Tribunal has a total of five places of sitting namely: Bhopal, Pune, New Delhi, Kolkata, and
Chennai, amongst which, New Delhi is the Principal place of sitting.
 Composition of National Green Tribunal

The National Green Tribunal, established in 2010, as per the National Green Tribunal Act is a
specialised judicial body equipped with expertise solely for the purpose of adjudicating
environmental cases in the country.

The tribunal shall consist of minimum of 10 members and not more than 20 members. This
will be in accordance with the notification given by the Central Government. The members
will be a mix of judges and expert members on environmental issues. In case of any deadlock
the authority will remain in the hands of chairperson to decide the case and break the deadlock.
Every bench of tribunal must consist of at least one expert member and one judicial member.

The composition of National Green Tribunal is given in Section 4 of Chapter II of the National
Green Tribunal Act, 2010.

 The tribunal shall consist of the following people:

o A full time Chairperson. The Chairperson is appointed by the Central
Government in consultation with the Chef Justice of India (CJI).
o At least 10 members and not more than 20 members consisting of full-time
Judicial officials as notified by the Central Government from time to time;
o At least 10 members and not more than 20 members consisting of Experts as
notified by the Central Government from time to time.

Judicial Members and expert Members are appointed by a Selection Committee shall be formed
by the Central Government for this purpose.

 The Chairperson may, anytime, invite anyone who has specialized knowledge and
experience regarding environmental issues filed before the Tribunal for the purpose
of assistance.
 By notification, the Central Government can anytime specify the sitting place of the
Tribunal and the territorial jurisdiction falling under all the places.
 In consultation with the Chairperson of the Tribunal, the Central Government can
make rules regarding the procedures and practices followed by the Tribunal which
includes the following:
 o The rules regarding the persons who shall be entitled to appear before the
Tribunal;
o The rules regarding the procedure by which the Tribunal hears applications
and appeals and any other matter related to such applications or appeals;
o The rules regarding the number of members who can hear the appeals and
applications – with respect to their class or classes. The number of experts
hearing an appeal or application should be equal to the number of Judicial
members hearing the same appeal or application.
o The rules related to the shifting of a case from one place to another by the
Chairperson.

The qualifications for appointment of Chairperson, Judicial Member and Expert Member are
specified in Section 5 of the Act. It provides that:

 a person shall not be qualified for appointment as the Chairperson or Judicial Member
of the Tribunal unless he is, or has been, a Judge of the Supreme Court of India or Chief Justice
of a High Court, and

 a person who is or has been a Judge of High Court shall also be qualified to be
appointed as a Judicial Member, and

 a person shall not be qualified to be appointment as an Expert Member, unless he has

a degree in Master of Science-Physical Sciences or Life Sciences with a Doctorate degree or
Master of Engineering or Master of Technology and has an experience of fifteen years in the
relevant field including five years practical experience in the field of environment and forests
(including pollution control, hazardous substance management, environment impact
assessment, climate change management and biological diversity management and forest
conservation) in a reputed national level institution, or has administrative experience of fifteen
years including practical experience of five years in dealing with environmental matters in the
Central or a State Government or in a reputed National or State level institution.

Section 6 of the act deals with the procedure of the appointment of the members. The Act has
authorized the Central Government to appoint the members of the Tribunal, subject to the
fulfilment of the above prescribed qualifications. The Act provides that the Chairperson of the
Tribunal may be appointed by the Central Government in consultation with the Chief Justice
of India. The other members shall be appointed by the Central Government on the
recommendation of such Selection Committee as may be prescribed.

The Chairperson and the Judicial and Expert members shall hold office for a period of Five
years or till the age of 65 years, whichever is earlier. The Chairperson and the Judicial Expert
members are not eligible for reappointment.

According to Section 10 of the Act, The Central Government may, in consultation with the
Chief Justice of India, remove from office of the Chairperson or Judicial Member of the
Tribunal, who, -

 has been adjudged an insolvent; or

 has been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or

 has become physically or mentally incapable; or

 has acquired such financial or other interest as is likely to affect prejudicially his
functions; or

 has so abused his position as to render his continuance in office prejudicial to the
public interest.

However, the Chairperson or Judicial Member shall not be removed from his office except by
an order made by the Central Government after an inquiry made by a Judge of the Supreme
Court in which such Chairperson or Judicial Member has been informed of the charges against
him and given a reasonable opportunity of being heard in respect of those charges. similarly,
the Expert Member shall not be removed unless he has been given an opportunity of being
heard in the matter.
 Powers and Jurisdiction of National Green Tribunal (NGT)

The NGT adjudicates environmental cases, imposes penalties, acts as a Civil Court follows
natural justice, handles multi-disciplinary disputes, ensures timely case disposal, and provides
relief or compensation for environmental damage.

 Adjudication: The NGT handles civil cases and provides relief in disputes related to
seven laws related to the environment. It has also implemented a provision where it can impose
strict penalties for non-compliance with its orders.

The Tribunal conducts proceedings under the sections of the Indian Penal Code, 1860
now Bharatiya Nyaya Sanhita (BNS). It has the power to act as a Civil Court when settling
cases.

The NGT operates under the principles of natural justice and has the authority to create its
procedures, rather than following those outlined in the Code of Civil Procedure, 1908
now Bhartiya Nagarik Suraksha Samhita.... Read more at: https://vajiramandravi.com/upsc-
exam/national-green-tribunal/

 Environmental Laws: The National Green Tribunal (NGT) has been vested with the
power to hear all civil cases relating to environmental issues and questions that are linked to
the implementation of laws which are listed in Schedule I of the National Green Tribunal Act
of 2010 which includes the following:

 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.
 The Biological Diversity Act, 2002.
  Expertise: The National Green Tribunal is equipped to handle environment-related
disputes and issues of a multi-disciplinary nature.
 Suo Motu Powers: The NGT is endowed with suo motu powers, allowing it to take
up environmental issues on its initiative without requiring a formal complaint.

Guiding Principles of National Green Tribunal (NGT)

 Principle of Natural Justice – The National Green Tribunal (NGT) is not bound by
the rigid procedural requirements of the Civil Procedure Code, 1908. Instead, it is
empowered to be guided by the fundamental Principle of Natural Justice. This principle
ensures that the decisions of the Tribunal are fair, impartial, and based on due
consideration of all relevant facts and arguments.
 Principle of Sustainable Development – The NGT is mandated by the National Green
Tribunal Act, 2010 to apply the principles of sustainable development while deciding
on cases. This ensures that the Tribunal’s decisions and orders are aligned with the goal
of balancing environmental protection and economic development.
 Precautionary Principle – The Tribunal is allowed to take preventive action even in
the absence of full scientific certainty about the potential harm.
 Polluter Pays Principle – The NGT applies the Polluter Pays Principle to determine
the liability and responsibility of parties for environmental damage or pollution. This
principle holds the polluter accountable for the adverse impacts caused by their actions
or activities.
 Flexible Rules of Evidence – The National Green Tribunal (NGT) is not mandated to
strictly follow the rules of evidence as enshrined in the Indian Evidence Act of 1872.
This flexibility allows the Tribunal to consider a wider range of evidence, including
scientific data and expert testimonies, in its decision-making process.

Objectives of National Green Tribunal

The major objectives of the National Green Tribunal (NGT) in India can be seen as follows:

 To provide for the effective and expeditious disposal of cases relating

to environmental protection and conservation of forests and other natural resources.
 To enforce any legal right relating to the environment and provide relief and
compensation for damages to persons and property.
 To safeguard the basic right to have a safe environment for individuals as part of
Article 21 of the Constitution. (Subhash Kumar vs State of Bihar).
 To strengthen environmental governance and accountability in the country through its
specialized and dedicated judicial mechanism.
 To bring together legal experts and environmental scientists to deliver timely and
informed decisions on a wide range of environmental issues.
 To promote sustainable development practices and balance environmental
concerns with the need for economic growth and development.
 To raise awareness and consciousness about environmental protection among the
general public and policymakers.

Benefits of National Green Tribunal (NGT)

 Dedicated Court for Environmental Matters: NGT ensures enforcement of any legal
right relating to the environment and provides relief and compensation for damages to
persons and property and for matters connected therewith or incidental thereto. Apart
from this, the burden on the High Courts and the Supreme Court is also reduced.
 Allows Specialization: NGT is staffed with judges and environmental experts. This
makes it a specialized body equipped with the necessary expertise to handle
environmental disputes involving multi-disciplinary issues. The NGT also employees
legal and scientific methods and assessed environment impact assessment reports
before deciding the case.
 Wider Reach: The quality of time spent on these issues could also be increased as,
unlike the Supreme Court, the tribunal could have benches in various States, thereby
increasing access to all citizens.
 Time Bound Disposal of Cases: The Tribunal is mandated to make an endeavour for
disposal of applications or appeals finally within 6 months of filing of the same.
 CASE ANALYSE

1. Vijay Singh Vs. State of Rajasthan & Ors.

Court: National Green Tribunal (Central Zone Bench, Bhopal)

Citation: Original Application No. 31/2021 (CZ)

Coram: Hon’ble Mr. Justice Sheo Kumar Singh (Judicial Member), Hon’ble Dr. Arun Kumar
Verma (Expert Member).

Facts:
In June 2021, an application was filed with the National Green Tribunal (NGT) seeking the
cancellation of the permission and No Objection Certificate (NOC) granted to respondent and
other industries of brick kilns in the village of Nadaura, Gram Panchayat Silawat, District
Dholpur, Rajasthan. The application sought to restore the environment of the area by directing
respondent to remove the entire structure of the brick kiln situated at Khasra nos. as shown in
the application.

The points raised in this application is installation and operation of bricks kiln in the area
ignoring the damage of the public health, environment due to the pollution as broadly measured
in the area in terms of AQI. Article 51 A(g) of the Constitution of India provides that everyone
have to take initiative and protect, improve natural environment. It is stated that, the Air Quality
Index of town Rajasthan, Dholpur is reported to be more than 250 meaning thereby area of
Rajakhera is under the air pollution and life of the people of the area is under the great
environmental threat. Respondent No. 6 has newly installed bricks kiln in the nearby area of
the applicant which is situated at Agriculture land. Huge quantity of toxic elements from bricks
kiln causes serious public health by damaging environment, the bricks kiln emits toxic fumes
containing suspended particulate matter which in carbon particles and high concentration of
carbon monoxides and sulpher oxides which are harmful to eyes, lungs and throat, such air
pollutants stunt the mental and physical health of the children. The guidelines issued by the
Rajasthan State Pollution Control Board, Jaipur are not being complied with by the industry of
the Bricks kiln as well as by the Respondent no. 6 causing damage to the public health property
and environment and raising a substantial question relating to environment as well as
substantial question of fundamental right of environment which is being curtailed/violated by
industrialist of the bricks kiln including Respondent no. 5 by installing and operating bricks
kilns with the violation of provisions of Air (Prevention and Control of Pollution) Act 1981,
Provision of Environmental (Protection) Act 1986, Provisions of Water (Prevention and
Control of Pollution) Act 1974 as well as the violation of fundamental rights as provided under
the Constitution of India.

Issue:
Question for consideration is extending applicability of Graded Response Action Plan (GRAP),
applicable to Fixed Chimney Bull Trench Kilns (FCBTK), to other coal fired brick kilns,
including those using ‘Zig-Zag’ technology in the Region during the period, the air quality is
‘severe’, having potential for adverse health effects. Further issue that has emerged is the
carrying capacity of the air quality in the region to sustain the brick kilns. Associated issue is
improving effectiveness of safeguards and the regulatory measures to minimize the impact of
air pollution by operation of brick kilns, where such brick kilns are otherwise permissible.

If the right to fresh air is not enforced, the consequences of brick kilns beyond carrying capacity
of the air quality in the area are disastrous in terms of deaths and air borne diseases. This will
be contrary to the mandate of the Constitution and the environmental law, particularly the
principle of ‘Sustainable Development’. It is well established that deteriorated ambient air
quality in terms of PM10 and PM2.5 affects respiratory system particularly, the lungs which
may make individuals more vulnerable to get other related fatal diseases.

Judgement:
CPCB to constitute a Committee of five experts to suggest ways and means, if any, by which
sustenance of brick kilns activities may be viable. It will be open to CPCB to nominate in-
house or other Experts. The CPCB may also explore viability of PNG as replacement of coal
and other best practices in terms of fuel used, at other places. It will be open to the brick kilns
owners/associations to give any other suggestions or alternatives for consideration, by CPCB
in spirit of collaboration with a view to find a solution within a reasonable time. The CPCB
may constitute an expert committee with the consultation of Member Secretary, State Pollution
Control Board within three weeks which may give its report within six weeks thereafter.
Further report may be furnished in the matter for the year 2019 & 2020 on the following points:
i. Estimation of Existing Pollution Load w.r.t PM 2.5
ii. Estimation of Assimilative Carrying Capacity w.r.t PM
iii. Estimation of Supportive Carrying Capacity w.r.t PM
The committee may also submit the suggestions so that the freedom of trade, business and right
to life, with regard to fresh air and unpolluted water should be balanced.

In light of the joint committee's recommendations, the NGT directed the state pollution control
board to implement point no. 5.2 of the joint committee's report, taking into account all relevant
factors, including negative supportive capacity. The NGT also referred the report to the
Secretary (Environment) of the State of Rajasthan for taking appropriate action in consultation
with the Central Pollution Control Board regarding short-term and long-term measures.

My Observation:
After considering all the relevant factors short-term and long-term measures to address the
issue of pollution caused by brick kilns are policy matters that must be decided and
implemented by the state authorities. The NGT must stressed the importance of maintaining a
balance between the supply and demand of materials used in construction activities and
ensuring that pollution levels remain within permissible carrying capacity.

The State pollution control board should implement the joint committee's report, taking into
account all relevant factors, including negative supportive capacity. Also appropriate action
should be taken in consultation with the Central Pollution Control Board regarding short-term
and long-term measures.
2. Sudhan Das Vs. Union of India Ors.

Court: National Green Tribunal (Eastern Zone Bench, Kolkata)

Citation: Original Application No. 70/2022 (EZ)

Coram: Hon’ble Mr. Justice B. Amit Sthalekar (Judicial Member), Hon’ble Mr. Saibal
Dasgupta (Expert Member)

Facts:

The Eco-Sensitive Zone for the Dibru Saikhowa National Park has been notified vide
Notification dated 28.01.2020 and thereafter a Monitoring Committee was also constituted
sometime in 2021 but during the interregnum period the Original Application No.13/2018/EZ,
Sudhan Das vs. State of Assam & Ors. had been filed in which orders were passed and a
Committee was constituted to examine and investigate the discharge of sewerage and other
waste released by boats and houseboats plying under River Brahmaputra, River Dibru and
River Dangori in the Tinsukia District of Assam.

The submission of the learned Counsel for the Applicant is that after the constitution of the
Monitoring Committee under the Eco-Sensitive Zone Notification, 2020 there has not been a
proper monitoring of the boats and houseboats plying in the rivers, in so far as Jibondinga
Scheme (an Incentivization Scheme for improvement of Inland Water Country Boat Services
in Assam) is concerned.

The grievance of the Applicant is that environmental pollution is being caused by discharge of
waste sewerage etc. by the villagers of Lyke and Dadia Villages inside the Core Zone of the
National Park by way of plying of mechanized boats unauthorizedly without obtaining any
clearance from the Monitoring Committee thereby causing hazard to flora and fauna of the
Dibru Saikhowa National Park.

Issue:

Environmental pollution is being caused by discharge of waste sewerage etc. by the villagers
of Lyke and Dadia Villages inside the Core Zone of the National Park by way of plying of
mechanized boats unauthorizedly without obtaining any clearance from the Monitoring
Committee thereby causing hazard to flora and fauna of the Dibru Saikhowa National Park.
Judgement:

In the affidavit of the Board it is also stated that as per Clause (3) of the Eco Sensitive Zone
Notification of the Ministry of Environment, Forests and Climate Change (MoEF&CC), for
purposes of carrying out Eco Tourism Activities in the area in question, consultation between
the Tourism Department and Department of Environment and Forest of the Government of
Assam is necessary. Until Zonal Master Plan (ZMP) is approved, development of tourism and
expansion of existing tourism activities shall be permitted by the concerned regulatory
authorities subject to recommendation from the Monitoring Committee.

It is stated that on the contrary, without disturbing the ecological balance, protecting the
surrounding environment, a mode of communication to inaccessible areas is incentivized where
no other mode of communication is possible particularly in the DibruSaikhowa National Park.

A Tourism Master Plan is scheduled to be prepared as a component of the Zonal Master Plan
of the Eco Sensitive Zone of the DibruSaikhowa National Park which will take care of whatever
environmental pollution is anticipated to take place due to plying of boats under the Jibondinga
Scheme in the rivers flowing near the Dibru-Saikhowa National Park.

The Government also has a plan for rehabilitation of the villagers residing in the two forest
villages of Dadhia and Laika at present situate within the Dibru-Saikhowa National Park.

All the activities relating to tourism as well as maintaining the ecological balance of the said
National Park as well as taking all necessary steps for prevention and control of environmental
pollution is to be monitored by the Monitoring Committee, constituted under the Ministry of
Environment, Forests and Climate Change (MoEF&CC) Notification dated 28.01.2020.

My Observation:

Board is not aware of the Jibondinga Scheme stated to have been floated by the Government
of Assam. However, the Board is aware that house boats and other mechanized boats, with in-
built bio-toilets, are being used for tourist activities in Guijan area of Assam on the Dibru river.
Mechanized commercial boats are also being used for the purpose of ferrying people to the
other side of Guijan as there are a number of villages located in and around the Dibru-Saikhowa
National Park, situated in the area around the said river.
Eco Sensitive Zone Notification of the Ministry of Environment, Forests and Climate Change
(MoEF&CC), for purposes of carrying out Eco Tourism Activities in the area in question,
consultation between the Tourism Department and Department of Environment and Forest of
the Government of Assam is necessary. Until Zonal Master Plan (ZMP) is approved,
development of tourism and expansion of existing tourism activities shall be permitted by the
concerned regulatory authorities.

It is stated that on the contrary, without disturbing the ecological balance, protecting the
surrounding environment, a mode of communication to inaccessible areas is incentivized where
no other mode of communication is possible particularly in the DibruSaikhowa National Park.
There are around 45 such country boats being used by the forest villagers of village Dadhia
and 14 such boats being used by the forest villagers of village Laika as per permission granted
to them under the Wild Life Protection Act, 1972. It is stated that these small and medium sized
Bhutbhuti country boats are not used for Eco-tourism purposes.

Two objectives of the management of DibruSaikhowa National Park are as follows: -

a) To work in tandem with all stakeholders for successful rehabilitation of Dadhia and Laika
Forest Villages outside the core areas.

b) To promote Eco-tourism in a regulated manner so as to augment the livelihood of the local

populace. Eco-tourism has been in practice in the said National Park and its fringe areas since
long prior to the Ministry of Environment, Forests and Climate Change.

Right to live can’t be denied on the name of Environmental Protection. But at the same time
Flora and Fauna also have the right to live under Article 51. So maintaining balance between
development and nature in a sustainable way is the solution.
 Conclusion

The National Green Tribunal is a fast track judicial body formed with the objective of
addressing the issues about the environment at the national level. So far, the NGT has been
able to dispose of 90% of the registered cases which means it has addressed 28000 out of the
total 31000 cases. But there are serious questions that are raised on the unregistered cases with
many claiming that the majority of the cases don’t get reported due to lack of awareness.

NGT has given various path-breaking judgments and directives to the authorities since its
inception including a ban on noise pollution and illegal mining, orders for wildlife protection
and the preservation of biodiversity at various places. Apart from that, NGT is diligently
working towards ensuring proper implementation of its orders. It has also played a crucial role
in addressing environmental issues in the post-industrial period.

The National Green tribunal is a fast-track judicial organisation established with the goal of
resolving environmental disputes at the national level. The way the matters were handled and
justice was delivered by the National Green Tribunal demonstrates that justice is there for every
common man as part of his Right to live in a pollution-free environment, as stated in Article
21 of the Indian Constitution. This has highlighted the necessity of the public trust theory,
which requires the government to act as a trustee of natural resources for the benefit of all
people. As studied above, we can see why the National Green Tribunal is regarded as
Responsive to Environmental Problems, which is one of the qualities of any successful
environmental court.
 Bibliography

1. https://www.wwfindia.org
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3. Environmental Law – S.C.Shastri
4. Textbook on Environmental Law – Dr. N. Maheshwara Swamy
5. Environmental Law and Policy in India – Shyam Divan & Armin Rosencranz
6. Environmental Law – Dr. P.S. Jaswal
7. Environmental Law (Bare Act)