The NGT is a
specialized forum for effective and speedy disposal of cases pertaining to
environment protection and conservation of forests.
BACKGROUND
Most conservationists would have heard of the National
Green Tribunal (NGT), and some may have already filed applications before it.
This short primer explains how, when and where to approach the NGT, and looks
at the fundamental difference between courts and tribunals, and the structure and
jurisdiction of the NGT.
The NGT was established on October 18, 2010 under the
National Green Tribunal Act 2010, passed by the Central Government. The stated
objective of the Central Government was to provide a specialized forum for
effective and speedy disposal of cases pertaining to environment protection,
conservation of forests and for seeking compensation for damages caused to
people or property due to violation of environmental laws or conditions
specified while granting permissions.
STRUCTURE
Following the enactment of the said law, the Principal
Bench of the NGT has been established in the National Capital – New Delhi, with
regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench),
Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench has a
specified geographical jurisdiction covering several States in a region. There
is also a mechanism for circuit benches. For example, the Southern Zone bench,
which is based in Chennai, can decide to have sittings in other places like
Bangalore or Hyderabad. Click here for a copy of the notification specifying
jurisdiction of each bench. Provided below is a link to all NGT zonal benches,
addresses & contact details.
The Chairperson of the NGT is a retired Judge of the
Supreme Court, Head Quartered in Delhi. Other Judicial members are retired
Judges of High Courts. Each bench of the NGT will comprise of at least one
Judicial Member and one Expert Member. Expert members should have a
professional qualification and a minimum of 15 years experience in the field of
environment/forest conservation and related subjects.
POWERS
The NGT has the power to hear all civil cases relating
to environmental issues and questions that are linked to the implementation of
laws listed in Schedule I of the NGT Act. These include the following:
The Water (Prevention and Control of Pollution) Act,
1974;
The Water (Prevention and Control of Pollution) Cess Act,
1977;
The Forest (Conservation) Act, 1980;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment (Protection) Act, 1986;
The Public Liability Insurance Act, 1991;
The Biological Diversity Act, 2002.
This means that any violations pertaining only to
these laws, or any order / decision taken by the Government under these laws
can be challenged before the NGT. Importantly, the NGT has not been vested with
powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the
Indian Forest Act, 1927 and various laws enacted by States relating to forests,
tree preservation etc. Therefore, specific and substantial issues related to
these laws cannot be raised before the NGT. You will have to approach the State
High Court or the Supreme Court through a Writ Petition (PIL) or file an
Original Suit before an appropriate Civil Judge of the taluk where the project
that you intend to challenge is located.
PROCEDURE
FOR FILING AN APPLICATION OR APPEAL
The NGT follows a very simple procedure to file an
application seeking compensation for environmental damage or an appeal against
an order or decision of the Government. The official language of the NGT is
English. Click here for the prescribed template for filing an
Application/Appeal before the NGT.
For every application / appeal where no claim for
compensation is involved, a fee of Rs. 1000/- is to be paid. In case where
compensation is being claimed, the fee will be one percent of the amount of
compensation subject to a minimum of Rs. 1000/-.
A claim for Compensation can be made for:
Relief/compensation to the victims of pollution and
other environmental damage including accidents involving hazardous substances;
Restitution of property damaged;
Restitution of the environment for such areas as
determined by the NGT.
No application for grant of any compensation or relief
or restitution of property or environment shall be entertained unless it is
made within a period of five years from the date on which the cause for such
compensation or relief first arose.
PRINCIPLES
OF JUSTICE ADOPTED BY NGT
The NGT is not bound by the procedure laid down under
the Code of Civil Procedure, 1908, but shall be guided by principles of natural
justice. Further, NGT is also not bound by the rules of evidence as enshrined
in the Indian Evidence Act, 1872. Thus, it will be relatively easier (as
opposed to approaching a court) for conservation groups to present facts and
issues before the NGT, including pointing out technical flaws in a project, or
proposing alternatives that could minimize environmental damage but which have
not been considered.
While passing Orders/decisions/awards, the NGT will
apply the principles of sustainable development, the precautionary principle
and the polluter pays principles.
However, it must be noted that if the NGT holds that a
claim is false, it can impose costs including lost benefits due to any interim
injunction.
REVIEW AND
APPEAL
Under Rule 22 of the NGT Rules, there is a provision
for seeking a Review of a decision or Order of the NGT. If this fails, an NGT
Order can be challenged before the Supreme Court within ninety days.
FREQUENTLY
ASKED QUESTIONS (FAQS)
1. What is
the difference between a Court and a Tribunal?
The Supreme Court has answered this question by holding
that “Every Court may be a tribunal but every tribunal necessarily may not be a
court”. A High court for instance, where a PIL would be filed, may have wide
ranging powers covering all enacted laws (including the power of contempt) but
the NGT has only been vested with powers under the seven laws related to the
Environment.
2. We are
trying to protect a National Park/Sanctuary from various pressures including a
dam proposal and widening of a highway. Should we approach the NGT?
No. As explained above, the NGT is not empowered to
hear matters pertaining to issues coming under the ambit of the Wildlife
(Protection) Act, 1972, which is applicable in case of National Parks,
Sanctuaries and Tiger Reserves. It would be appropriate to approach either the
High Court in your State or the Supreme Court. Please consult a competent
lawyer for advice.
3. Can I
personally argue a matter before the NGT or do I need a lawyer?
Yes. You can argue the matter yourself provided you
are well acquainted with the facts and are reasonably knowledgeable about the
law and procedures. The language of the NGT is English, and some guidelines
related to dress apply. However, it would be best if a lawyer represents you
since (s)he will be better equipped to argue and handle all procedural aspects.
4. What is
the penalty for non-compliance of an NGT Order?
If a project proponent or any authority does not
comply with the directions contained in an NGT order, the penalty can be
imprisonment for three years or fine extending to 10 crores or both. Continued
failure will attract a fine of twenty five thousand rupees per day.
5. Is there
a bar on civil courts to hear /take up cases under the seven specified laws in
Schedule I of the NGT Act?
Yes. With the enactment of the NGT Act, Civil courts
cannot hear matters related to Environmental issues under the seven laws which
the NGT is empowered to deal with.
http://www.conservationindia.org/resources/ngt
