Law optional 2017 Paper II
  1. (a) Discuss the constitution, jurisdiction, powers and authority of National Green Tribunal. How far has it been successful in achieving its objectives? Explain with the help of recent cases.
Verified Answer
  1. Core Legal Answer & Context: The National Green Tribunal (NGT) was established in India under the National Green Tribunal Act, 2010, as a specialized judicial body for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. Its creation was a significant step towards environmental justice, fulfilling India's commitment to environmental protection under Article 21 of the Constitution (right to a healthy environment).

Constitution:

  • The NGT consists of a Chairperson, Judicial Members, and Expert Members. The Chairperson is a retired Judge of the Supreme Court or a Chief Justice of a High Court. Judicial Members are retired High Court Judges, and Expert Members are individuals with a minimum of 15 years of experience in environmental protection, policy, or science. This composition ensures a blend of legal expertise and scientific knowledge.
  • The Principal Bench of the NGT is located in New Delhi, with zonal benches established in Bhopal, Pune, Kolkata, and Chennai to ensure wider accessibility.

Jurisdiction:

  • The NGT has original jurisdiction over all civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) arises. This includes cases involving specific environmental laws listed in Schedule I of the Act:
    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
  • It also has appellate jurisdiction to hear appeals against orders/decisions of various environmental authorities.

Powers and Authority:

  • Adjudicatory Powers: The NGT can pass orders, awards, and directions for environmental protection, including restraining activities, directing remedial measures, and imposing penalties.
  • Compensatory Powers: It can provide relief and compensation to victims of environmental damage, for restitution of property damaged, and for restoration of the environment.
  • Summary Procedure: The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but is guided by the principles of natural justice. This allows for quicker disposal of cases.
  • Precautionary Principle, Polluter Pays Principle, Sustainable Development: The NGT is mandated to apply these principles while passing any order, decision, or award.
  • Appeals: Any person aggrieved by an order or decision of the NGT can appeal to the Supreme Court within 90 days.

Success in Achieving Objectives & Recent Cases: The NGT has largely been successful in achieving its objectives of providing speedy and specialized environmental justice, reducing the burden on higher courts, and promoting environmental protection. Its successes include:

  • Expeditious Disposal: It has significantly reduced the time taken for environmental disputes compared to traditional courts.
  • Specialized Expertise: The presence of expert members ensures that decisions are scientifically informed and technically sound.
  • Proactive Approach: The NGT has often taken a proactive stance, issuing suo motu orders and directions to address pressing environmental issues.
  • Significant Orders: It has passed landmark orders on a wide range of issues, including pollution control, waste management, illegal mining, deforestation, protection of wetlands, and regulation of industrial activities.

Recent Cases Illustrating Success:

  • Vardhaman Kaushik v. Union of India (2016): In this case, often referred to as the 'Delhi Smog Case,' the NGT issued stringent directions to tackle severe air pollution in Delhi-NCR, including banning diesel vehicles older than 10 years and petrol vehicles older than 15 years, and imposing restrictions on construction activities. This demonstrated its proactive role in public health and environmental protection.
  • Almitra H. Patel v. Union of India (2016 onwards): The NGT has consistently monitored and issued directions to states and local bodies regarding solid waste management, emphasizing the 'polluter pays' principle and imposing penalties for non-compliance. This has pushed municipal bodies to adopt better waste management practices.
  • M.C. Mehta v. Union of India (Ganga Pollution Case): While the original case was in the Supreme Court, the NGT has played a crucial role in monitoring the implementation of directives for cleaning the Ganga river, issuing specific orders against polluting industries and municipal corporations along its banks.
  • Protection of Ecologically Sensitive Zones: The NGT has frequently intervened to protect fragile ecosystems, such as wetlands, coastal areas, and forest lands, by halting illegal construction, mining, and other destructive activities.

Challenges: Despite its successes, the NGT faces challenges such as the enforcement of its orders, limited geographical reach (due to fewer benches), and sometimes criticism regarding perceived overreach or lack of sufficient expert members in all benches.

  1. Relevant Statutes and Sections:
  • National Green Tribunal Act, 2010: This is the primary legislation governing the NGT.
    • Section 3: Establishment of Tribunal.
    • Section 4: Composition of Tribunal.
    • Section 14: Jurisdiction of the Tribunal.
    • Section 15: Relief, compensation and restitution of property and environment.
    • Section 19: Procedure and powers of Tribunal.
    • Schedule I: Lists the environmental enactments under NGT's jurisdiction.
  • Constitution of India: Article 21 (Right to Life and Personal Liberty, interpreted to include the right to a healthy environment).
  1. Important Landmark Cases:
  • Vardhaman Kaushik v. Union of India (2016): NGT's role in addressing air pollution in Delhi-NCR.
  • Almitra H. Patel v. Union of India (2016 onwards): NGT's continuous efforts in solid waste management across India.
  1. Clear Conclusion: The National Green Tribunal has emerged as a pivotal institution in India's environmental governance, successfully providing a specialized and efficient forum for environmental dispute resolution. Its unique composition and broad powers, coupled with a proactive judicial approach, have enabled it to make significant strides in enforcing environmental laws, awarding compensation, and promoting sustainable development, thereby largely fulfilling its foundational objectives, despite facing some implementation challenges.