The National Green Tribunal Act, 2010

-a Step forward in Environmental Adjudication in India

A presentation

BY
ISHWER SINGH
Ministry of Environment & Forests
Government of India
 EXISTING ADJUDICATORY FRAMEWORK

 Civil Procedure Code (CPC)- remedying public wrongs by

Civil Courts, applying the principle of strict liability
 Criminal Procedure Code (CrPC)- injunction against
Public Nuisance by Executive Magistrates
 Criminal prosecutions before Judicial Magistrate under
various laws.
 Appellate Authority’s provision in some statutes to hear
appeals against the order of the State Pollution Control
Boards (SPCB)

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EXISTING ADJUDICATORY FRAMEWORK
Cont.
 The National Environment Tribunal Act, 1995: The Act provides for
strict liability for damages, caused by accident occurring while
handling hazardous substance and to provide relief and compensation
to the victims.
The Act, however, could not be enforced due to limited mandate.

 The National Environment Appellate Authority Act, 1997. The Act

provides a judicial forum for hearing appeals against order of grant of
environmental clearances under the E(P) Act, 1986
 Constitutional remedies under Article 32 and Article 226 of the
Constitution of India

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 Dimensions of the Challenge

 Pressures on environment: Due to economic development,

infrastructural growth, urbanization & changing life styles
 Promoting intersectorality and integrating safety, health
and environmental concerns
 Balancing environment & development
 Strengthening implementation & compliance mechanism
 Institutional reform in adjudicatory system to keep pace
with the implementation of the environmental legislations

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 Supreme Court’s directive to Constitute
Environmental Courts- Background:

 Concept originated from Supreme Court’s Judgment in Oleum

Gas Leak case, 1986 and other cases:
(i) M. C. Mehta Vs Union of India : 1986 (2) SCC 176 (202)
(ii) Indian Council for Enviro Legal Action Vs Union of India : 1996 (3)
SCC 212 (252)
(iii) A. P. Pollution Control Board Vs M. V. Nayudu 1999 (2) SCC 718

 Supreme Court in 2000 requested the Law Commission of India to

consider constitution of specialized courts in view of inadequacy in
the constitution of the Appellate Authorities which neither have
judges nor the assistance of experts :

A. P. Pollution Control Board Vs M. V. Nayudu 2001 (2) SCC 62

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RECOMMENDATIONS OF LAW COMMISSION
OF INDIA-186TH REPORT
 Need to constitute environmental courts due to
multidisciplinary issues relating to protection of
environment
 To have Members with judicial or legal experience
assisted by technical experts
 Environmental Courts in each State or group of
States
 Environment Courts to have original jurisdiction in
all civil cases where a substantial question relating
to environment is involved ; and
 Appellate jurisdiction under various other statutes

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 Legislative Framework

 The Water (P&CP) Act, 1974

 The Water (P&CP) Cess Act, 1977
 The Forest (Conservation) Act, 1980
 The Air (P&CP) Act, 1981
 The Environment (P) Act, 1986
 The Public Liability (Insurance) Act, 1991
 The National Environment Tribunal Act, 1995*
 The National Environment Appellate Authority Act, 1997*
 The Biological Diversity Act, 2002
_------------------------------------------------------------------
*since repealed.
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Rationale behind the National Green Tribunal
(NGT) Act, 2010
 Increasing complexity of environmental litigation
 Frequent need to seek assistance of environmental experts
 Mounting pendancy in courts
 Lack of dedicated jurisdiction
 Rigidity of existing court procedures to deal with
environmental cases
 Non-enforcement of NET Act, 1995
 To maintain proper balance between sustainable
development & environmental regulations.
 Access to Justice

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Objective of the NGT

To provide for the establishment of a National Green

Tribunal (NGT)
-for the 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 & compensation for damages to persons and
property

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 ESTABLISHMENT OF THE NGT

 NGT to be set up by the Central Government

 NGT shall sit at such places and shall have territorial
jurisdiction, as may be specified by the Central Govt.
 It shall follow the circuit approach
 Central Govt., in consultation with Chairperson, to make
rules regarding the procedure to be followed by NGT for
hearing the matters, the number of judicial and expert
members to hear cases etc.

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 Composition of NGT
It Shall have :
 a full time Chairperson; and
 Not less than ten and not more than twenty full time Judicial
Members and not less than ten and not more than twenty full
time Expert Members
 Chairperson may invite one or more experts, from out side,
having specialize knowledge to assist the Tribunal in a
particular case;
 Chairperson to be appointed by Central Govt. in consultation
with Chief Justice of India; and
 Judicial and Expert Members to be appointed on the
recommendation of a Selection Committee
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 Qualifications for Appointments

 Chairperson :- A person who is or has been a Judge

of the Supreme Court or Chief Justice of a High
Court.
 Judicial Member:- A person who is or has been a
Judge of a High Court
 Expert Member:- Qualification and experience in
relevant scientific and technological field or practical
experience in dealing with environmental matters

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 Term of Office

 Chairperson, Judicial and Expert Member shall be

appointed for a period of five years

 Chairperson and Judicial Member, if judge of Supreme

Court, shall not hold office after the age of 70 years

 Chairperson and Judicial Member, if judge of the High

Court, shall not hold office after the age of 67 years

 Expert Member shall not hold office after the age of 65

years

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Original Jurisdiction

 The Tribunal shall have jurisdiction on all civil cases

where :
- a substantial question relating to environment is involved;
and
- such question arises out of the implementation of the
enactments specified in Schedule I appended to the NGT
Act

 The Tribunal shall settle disputes, provide relief &

compensation and may order restitution of damaged
environment

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 Schedule – I

 The Water (P & CP) Act, 1974;

 The Water (P & CP) Cess Act, 1977;
 The Forest (Conservation) Act, 1980;
 The Air (P&CP) Act,1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

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 What is ‘Substantial Question Relating to
Environment’?

As defined in the Act:

It includes an instance where –
 there is direct violation of a specific statutory
environmental obligation whereby:
-the community at large is affected or likely to be affected

by the environmental consequences or

-the gravity of damage to the environment or property is
substantial or
-the damage to public health is broadly measurable
 The environmental consequences relate to specific activity

or point source of pollution

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 Appellate Jurisdiction

 Appeal may be preferred before NGT against:

 Order of Appellate Authority u/s 28 of Water Act,1974

 Order of State Govt. u/s 29 of Water Act,1974

 Directions by the SPCBs u/s 33A of Water Act,1974

 Decision of Appellate Authority u/s 13 of Water Cess

Act,1977
 Order of State Govt. u/s 2 of Forest (Conservation) Act,

1980

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 Appellate Jurisdiction

Contd.
 Order of Appellate Authority u/s 31 of Air Act,1981

 Directions u/s 5 of Environment (P) Act,1986

 Grant or Refusal of Environmental Clearance Under

Environment (P) Act, 1986
 Order or determination of benefit sharing, made by National
Biodiversity Authority /State Biodiversity Board, under the
Biological Diversity Act, 2002
-------------------------------------------------------------------
Note: Corresponding amendments in relevant Acts have been
provided in Sec.-36, as per Schedule-III, so as to have enabling
provisions for hearing appeals in the respective statutes

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Award for Relief, Compensation and restitution
of damaged environment

 Tribunal may by order provide:

-Relief and compensation to the victims of pollution and
for other environmental damage arising under the
enactment specified in the schedule I including accident
while handling any hazardous substance
-restitution of property damaged
-restitution of environment of the areas as the Tribunal
may think fit

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Limitation of filing application and the
heads for claiming relief and compensation

 Application for relief and compensation or restitution to be

made within five years from the date on which the cause
for such compensation or relief first arose

 Compensation or relief payable under heads specified in

Schedule II

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Sch. – II: Heads of Compensation/Relief

 Death, permanent or temporary disability or injury

 Loss of wages and medical expenses
 Damage to private or other property
 Expenses incurred by the Government / Local Authorities in providing
relief and rehabilitation to the affected persons
 Compensation for environmental degradation and restoration of the
quality of environment
 Claim on account of damage or destruction of flora, fauna, crops,
vegetables, trees, orchards, etc.
 Loss of business or employment or both
 Any other claim arising out of any activity of handling of hazardous
substance

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 Application to the Tribunal

An application for settlement of disputes or relief or compensation may

be made by:
 the person who has sustained the injury; or
 owner of the damaged property; or
 legal representatives of the deceased; or
 any agent duly authorized by the person affected; or
 Any person aggrieved including representative body or organization; or
 Govt./CPCB/SPCBs/PCCs or any environmental authority constituted
or established under the Environment (P) Act, or any other law for the
time being in force
 The application or appeal to be decided expeditiously, after hearing the
parties, within a period of six months from the date of the filing of the
application or appeal.

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 Power and Procedure of NGT

 NGT is not bound by the procedure laid down by CPC

but guided by the principles of natural justice.
 NGT shall have the power to regulate its own procedure
and not be bound by the Indian Evidence Act, 1872
 NGT shall exercise powers of a Civil Court in respect of
summoning, enforcing attendance, examining on oath,
receiving evidence on affidavits, deciding matters ex-
parte etc. and power to grant interim orders, injunctions
or stay

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NGT to follow certain principles

NGT, while deciding the cases, shall apply:

 the principle of sustainable development,
 the precautionary principle; and
 the polluter pays principle

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 Orders of the NGT & Appeal to
Supreme Court

Civil Court to execute the order or award made by the NGT

Any payment or deposit of the amount directed by the NGT,
as award, shall be recoverable as arrears of land revenue or of
public demand
Award or order of the NGT shall be executable as a decree of
a Civil Court
Decision taken by the NGT, by majority, shall be binding
NGT may award cost for filing false or vexatious claims

Persons aggrieved against the order of the NGT may

prefer an appeal to the Supreme Court with in ninety days

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 Penalty for Non-compliance of the
orders of NGT

 Punishable with imprisonment upto three years or with fine not

exceeding ten crore rupees ($2200000 aprox), or with both.
 If non- compliance continues, an additional fine of Rs. 25,000 ($
500 approx) per day during the period contravention continues

For Companies:

 fine may extend upto twenty-five crore rupees ($5500000 aprox),

 If non-compliance continues, additional fine of Rs. 1 lakh ($2000
aprox) per day during the period contravention continues

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 Bar of Jurisdiction

 Civil courts are debarred to entertain disputes regarding

any claim for granting relief or compensation or restitution
of property damaged which may be under the jurisdiction
of the NGT
 No injunction to be granted by any civil court in respect of
any action or order of the NGT
 Civil Court’s jurisdiction is debarred to hear appeals in
such cases where the decisions of the authorities are
appealable before the NGT

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 Repeal and Savings

 The National Environment Tribunal Act, 1995 repealed

 The National Environment Appellate Authority (NEAA)
Act, 1997 repealed
 NEAA abolished
 The functions of the NEAA to be subsumed in the NGT and
pending appeals shall be transferred to NGT

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 Expected Improvements

 NGT shall have Judicial and Scientific Experts

 NGT will ensure speedy disposal of environmental cases
 Flexibility in procedures to help dispose cases within six
months
 Any aggrieved person can file cases before NGT to ensure
greater access to justice
 NGT will ensure timely relief and compensation to the
victims, in addition to the Public Liability Insurance Act,
1991

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 Expected Improvement

Contd.
 NGT Act addresses the issue of lack of appellate
provisions under the Environment (P) Act & Forest
(Conservation) Act,
 Unlike NEAA, the NGT shall also hear appeals against
refusal to grant Environment Clearances
 Provides 2
nd Tier of appeal under certain legislations

 Appellate Jurisdiction of High Court under Biological

Diversity Act transferred to NGT
 Reduction of burden on Higher Courts

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THANK YOU !