- (e) 'राष्ट्रीय-हरित न्यायाधिकरण' किस तरह के मामलों की सुनवाई करता है ? यह केन्द्रीय प्रदूषण नियंत्रण बोर्ड से किस प्रकार भिन्न है ? What kind of cases are heard by the 'National-Green Tribunal'? How is it different from the Central Pollution Control Board (CPCB) ?
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Core Legal Answer & Context: The National Green Tribunal (NGT) is a specialized judicial body established to provide expeditious and effective disposal of cases relating to environmental protection and conservation of forests and other natural resources. It hears civil cases where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) arises. The Central Pollution Control Board (CPCB), conversely, is a statutory organization primarily responsible for pollution control, monitoring, and advising the government on environmental standards and policies. The key difference lies in their fundamental nature: NGT is a judicial body, while CPCB is a regulatory and administrative body.
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Relevant Statutes and Sections:
- National Green Tribunal Act, 2010: Established the NGT and defines its jurisdiction, powers, and procedures. It can hear cases under seven specific environmental laws (e.g., Water Act, Air Act, Environment Protection Act, Forest Conservation Act, Biological Diversity Act).
- Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981: These acts established the CPCB and define its powers and functions, which include advising the central government, coordinating state boards, laying down standards, and collecting data.
- Important Landmark Cases:
- Vardhaman Kaushik v. Union of India (2015): The NGT demonstrated its judicial power by banning diesel vehicles older than 10 years in Delhi-NCR, highlighting its authority to issue directives for environmental protection.
- Almitra H. Patel v. Union of India (2014): The NGT issued comprehensive directions for solid waste management across India, showcasing its role in enforcing environmental laws and principles.
- Clear Conclusion: The NGT is a judicial tribunal that adjudicates environmental disputes, enforces environmental laws, and provides remedies, including compensation. The CPCB, on the other hand, is a regulatory and administrative body focused on monitoring pollution, setting standards, and advising the government. While both contribute to environmental governance, their roles are distinct: NGT acts as a court, CPCB as a watchdog and policy advisor. Their functions are complementary, with the NGT often relying on CPCB's data and expertise in its adjudicatory role.