S
Sahaj Vidhi
Law optional 2019 Paper II

The National Green Tribunal, which was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, has played a pivotal role in the recent past in this regard. Examine the statement with reference to pronouncements given by the National Green Tribunal.

Verified Answer

  1. Core Legal Answer & Context: The National Green Tribunal (NGT) was established in 2010 as a specialized judicial body to handle environmental disputes, aiming for effective and expeditious justice delivery. Its creation addressed the need for a dedicated forum with expertise in environmental law, moving away from the overburdened civil courts. The NGT has indeed played a pivotal role by applying principles of environmental jurisprudence such as the 'polluter pays principle,' 'precautionary principle,' and 'sustainable development.' It has issued significant directions on issues ranging from industrial pollution, waste management, forest conservation, and biodiversity protection, thereby strengthening environmental governance in India.

  2. Relevant Statutes and Sections:

  • National Green Tribunal Act, 2010: This Act established the NGT and defines its jurisdiction, powers, and procedures. Section 14 grants the NGT jurisdiction over all civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) is involved. Section 15 empowers the NGT to grant relief and compensation to victims of environmental damage and for restitution of property damaged and for restitution of the environment. The NGT draws its powers from various environmental statutes listed in Schedule I of the Act, including the Water (Prevention and Control of Pollution) Act, 1974; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Forest (Conservation) Act, 1980; and the Biological Diversity Act, 2002.
  1. Important Landmark Cases:
  • Vellore Citizens Welfare Forum v. Union of India (1996): While predating the NGT, this Supreme Court case laid the foundational principles of environmental law in India, including the 'polluter pays' and 'precautionary' principles, which the NGT frequently applies.
  • Sterlite Industries (India) Ltd. v. Union of India (2013): The NGT played a crucial role in addressing the environmental violations by Sterlite's copper smelter plant in Thoothukudi, Tamil Nadu, demonstrating its power to impose penalties and ensure compliance with environmental norms.
  • Almitra H. Patel v. Union of India (2014): The NGT issued comprehensive directions for solid waste management across the country, highlighting its proactive approach in addressing systemic environmental issues.
  1. Clear Conclusion: The NGT has undeniably emerged as a crucial institution for environmental protection in India. Through its specialized approach, application of environmental principles, and landmark pronouncements, it has significantly contributed to the enforcement of environmental laws, holding polluters accountable, and promoting sustainable development, thereby fulfilling its mandate for effective and expeditious environmental justice.