What is the National Green Tribunal or the Objects behind establishing the National Green Tribunal? Explain the Jurisdiction, Power, and Procedure of NGT.
• Meaning/Object
The National Green Tribunal is a statutory body. An act (The National Green Tribunal Act, 2010) to provide for the establishment of a National Green Tribunal for the effective and, speedy 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.
There are many reasons behind the setting up of this Tribunal as follows -
• Whereas India is a member of the decisions taken at the United Nations Conference on Human Environment held in Stockholm in June 1972, in which India participated, calling on states to take appropriate steps to protect and improve the human environment - this is the first reason.
• During the summit of the United Nations Conference on Environment and Development in June 1992 held at Rio de Janeiro, India vowed the participating states to provide judicial and administrative remedies and compensation to the victims of the pollutants and other environmental damage.
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• It draws inspiration from India's constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the Right to a healthy Environment.
It is considered appropriate to have a National Green Tribunal in view of the implementation of the decisions taken at the above conferences and the multi-disciplinary issues related to the environment.
The Principal Bench of the NGT is in New Delhi. It has regional benches in Pune (West), Bhopal (Central), Chennai (South) and Kolkata (East). 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 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. Delhi Pollution Control Committee (DPCC) works under the act of (NGT).
The establishment of NGT makes India the third country in the world after Australia and New Zealand to set up a special Environmental Tribunal and the first developing country to do so.
• Jurisdiction: Tribunal to settle disputes (Section 14)
Section 14 provides :
(1) Jurisdiction to entertain environmental disputes. - The Tribunal shall have jurisdiction over all civil cases where a substantial question relating to the environment is involved and such questions arise out of the implementation of the enactments in Schedule I. These include the following:-
(a) The Water (Prevention and Control of Pollution) Act, 1974;
(b) The Water (Prevention and Control of Pollution) Cess Act, 1977;
(c) The Forest Protection Act, 1980;
(d) The Air (Prevention and Control of Pollution) Act, 1981;
(e) The Environment Protection Act, 1986;
(f) The Public Liability Insurance Act, 1991; and
(g) The Biological Diversity Act, 2002.
(2) The Tribunal shall hear the disputes arising from the questions referred to in subsection (1) and settle such disputes and pass order thereon.
(3) Six months limitation from the date of cause of action. - No application for adjudication of disputes under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such disputes first arose :
Provided that the Tribunal may, if it is satisfied that the application was prevented by sufficient cause from filling the application within the said period, allow it to be filed within a further period not exceeding sixty days.
• Procedure and power of the Tribunal
(i) Section 19(1) of the act, 2010 makes it clear that the Tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908.
(ii) It is submitted that the Tribunal shall have the power to regulate its own procedure in section 19(2).
(iii) Section 19(3) says that the Tribunal shall also not be bound by the rules of evidence content in the Indian Evidence Act, of 1872.
(iv) According to Section 19(4) the Tribunal for the purpose of discharging its functions under the present act has the same power as a vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely -
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents.
(c) receiving evidence on affidavits.
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents.
(f) reviewing its decision.
(g) dismissing an application for default for deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any other passed by it ex parte;
(i) pass an interim order (including granting and injection for stay) after providing the parties concerned and, an opportunity to be heard, on an application made on an appeal filed under this Act;
(j) pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I;
(k) any other method which may be prescribed.
(v) Section 5 - All proceedings before the Tribunal shall be deemed to be the judicial proceedings within the meaning of sections 193, 219, and 228 for the purposes of section 196 of the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed to be a Civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
Appeal to Supreme Court :
According to Section 22 of the Act, 2010, any person aggrieved by any award decision or order of the Tribunal may file an appeal to the Supreme Court within 90 days from the date of communication of the award decision or order of the Tribunal to him on anyone or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908) :
Provided that the Supreme Court may entertain an appeal after the expiry of 90 days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal.
Award, Order, or Decision of Tribunal - Executable as a degree of Civil Code
Section 25 of the Act reads as under -
(1) An award order or decision of the Tribunal under this Act shall be executable by the Tribunal as a decree of the Civil Court, and for this purpose, the Tribunal shall have all the powers of the Civil Court.
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Important Landmark Judgement of National Green Tribunal (NGT) :
• In 2012, POSCO a steelmaker company signed a MoU with the Odisha government to set up a steel project. NGT suspended the order and this was considered a radical step in favor of the local communities and forests.
• In 2015, the NGT ordered that all diesel vehicles over 10 years old will not be permitted to ply in Delhi-NCR.
• In 2017, the Art of Living Festival on Yamuna Food Plain was declared violating the environmental norms, and the NGT panel imposed a penalty of Rs. 5 Crore.
(Data Source :
• Environmental Law - Dr. S.C. Tripathi
• Drishtiias.com
• gktoday.in)
