National Green Tribunal Act, 2010 - An Overview

The National Green Tribunal is a specialised body set up under the National Green Tribunal Act, 2010 for the speedy disposal of civil cases that are related to environmental protection, conservation of forest and other natural resources. It consists of 38 Sections, 5 chapters and 3 schedules.

After the establishment of this tribunal, India became the third country in the world to set up a specialised body for environmental protection. Moreover, it is the first developing country to set up a specialised environmental tribunal.

History of National Green Tribunal Act,2010

• 1986: In the Bhopal gas tragedy and Oleum gas leak case, the Supreme Court emphasised to set up special environmental courts for continuous monitoring and speedy disposal of cases related to the environment.
• 1995: The parliament passed the National Environmental Tribunal Act, 1995 but it was never implemented.
• 1997: The National Environment Appellate Act, 1997 was enacted but there were several problems in the functioning of the authority.
• 2003: The Law Commission of India in its 186th report in 2003 had mentioned to set up a separate tribunal for environmental cases which required technical knowledge, expertise and assistance.
• 2010: The National Green Tribunal was set up under the National Green Tribunal Act,2010. The Act came into force on 2 June 2010.

Salient features of National Green Tribunal Act, 2010

• The National Green Tribunal shall be guided by the principles of natural justice and it is not bound by the Civil Procedure Code, 1908 as well as the rules of Indian Evidence Act, 1872.
• It will be easier to approach the court regarding environmental issues and also to point out the negative impacts of the proposed projects on the environment including technical flaws and also can propose suggestions to minimise environmental degradation.
• The tribunal has original and appellate jurisdiction concerning the implementation of 7 environmental laws (i.e) 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, and the Biological Diversity Act, 2002^[1].
• The tribunal doesn’t include wildlife protection Act,1972 because many cases that are related to wildlife will be notably criminal cases and the tribunal does not have jurisdiction over criminal cases.
• The National Green Tribunal will apply Principles of sustainable development, Precautionary principle and Polluter Pay principle while passing any awards or decision.
• If the tribunal notices any false claim it can also impose costs including lost benefits due to interim injunction.
• The Act applies to Civil cases and not to criminal offences.
• There is no limit in granting compensation for the victims under the National Green Tribunal.
• The compensation ordered by the Tribunal shall be credited to the Environmental relief fund 2008.
• Any person aggrieved by the decision of the tribunal shall move to the Supreme Court.
• Any person fails to comply with the order of the tribunal shall be punishable with imprisonment or fine.

Objective of the Act

An Act to provide for the establishment of a National Green Tribunal 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 the environment and giving relief and compensation for damages to persons and property and matters connected therewith or incidental thereto.^[2]

Importance of the Act

The National Green Tribunal plays a major role in the disposal of cases related to environment protection. It will dispose of cases within 6 months of the filing of cases. The tribunal plays a significant role in the sustainable development of the environment. According to the National Green Tribunal, till 31-5-2020, the Tribunal had disposed of 29760 cases and 2866 cases are in pending.^[3]

Establishment and Composition of National Green Tribunal

Section 3 of the National Green Tribunal Act, 2010 deals with the establishment of the tribunal, where the central government by notification established the tribunal to exercise jurisdiction, powers and authority.

Section 4 of the Act deals with the Composition of the tribunal, It consists of,

• A full-time Chairperson
• Judicial members are not less than 10 and maximum up to 20 members or as per the Central government notification.
• Expert members are not less than 10 and maximum up to 20 members or as per the Central government notification.
• A chairperson can invite one or two specialised people who know in that particular case.
• The Central Government can notify the territorial jurisdictions under the place of sitting.
• With the consultation with the chairperson, the Central government can make rules and regulations concerning the tribunal.

Qualifications and appointment of members

Section 5 deals with qualifications for appointment of chairperson, judicial member and expert member,

• The chairperson or judicial member of the tribunal- who is or has been a Judge of the Supreme Court of India or Chief Justice of the High Court.
• For Judicial members, they can also be judges of the High Court.
• Expert member- Has master of science, Master of Engineering or Master of Technology and has an experience of fifteen years in the relevant field including five years practical experience in the field of environment and forests in a reputed national level institution.
• The Chairperson, Judicial Member and Expert Member of the Tribunal shall not hold any other office during their tenure as such.^[4]
• The Chairperson will be appointed by the Central Government in consultation with the Chief justice of India and judicial and expert members will be appointed by the recommendation of the selection committee as per the prescribed guidelines^[5].

Term of office: Section 7

• The members of the tribunal (i.e) Chairperson, Judicial and Expert members can hold the office for a 5-year term from the date of joining and are not eligible for reappointment.
• In case, a Judge of the Supreme Court has been appointed as chairperson or judicial members their term period is up to attaining 70 years of age.
• In case, a Chief Justice of High court has been appointed as chairperson or judicial members their term period is up to attaining 60 years of age.
• In case, a high court judge is appointed as a judicial member his term period is up to attaining 60 years of age.
• Expert Members shall hold office till he attains the age of sixty-five years.

Removal and suspension of Chairperson, judicial and expert members: Section 10

With the consultation of Chief Justice of India, the Central government can remove the Chairperson or judicial member of the tribunal, who,

• has been adjudged as insolvent
• has been convicted of an offence involves moral turpitude.
• has become physically or mentally incapable
• acted prejudicially in his functions
• abused his position to render his continuance in office prejudicial to the Public interest.

The expert member can be removed from the office by the order of the Central Government on the same grounds. The expert member cannot be removed from the office unless he has been given an opportunity of being heard.

Jurisdiction of the Tribunal: Section 14

The tribunal shall have the jurisdiction to deal with civil cases where the substantial question relating to the environment is involved and settle such disputes and pass on orders and decisions thereon.

No application will be entertained by the tribunal if the same has not been made within 6 months from the date on which the cause of action for such dispute first arose. If the tribunal is satisfied with the sufficient cause for delay, it may allow the application to be filed within a further period not exceeding 60 days.^[6]

Section 16 states that if any party who is not satisfied with the orders or decision of the tribunal, can prefer to appeal to the tribunal within 30 days of the order passed. If the aggrieved party is prevented by certain cause and the tribunal is satisfied by it, then it may allow the application to be filed within the further period exceeding 60 days.

Powers and Procedure of the Tribunal: Section 19

• The Tribunal shall not be bound by the Civil Procedure Code, 1908 or rules of Indian evidence Act, 1872. The tribunal has the power to regulate its own procedure.
• The tribunal is vested with the powers of Civil court in trying the suit as prescribed under CPC,1908.
• Summoning and enforcing the attendance of any person and examining him on oath
• Requiring the discovery and production of documents
• Receiving evidence on affidavits
• Issuing commissions for the examination of witnesses or documents
• Reviewing its decision
• Dismissing an application for default or deciding it ex parte
• Setting aside any order of dismissal of any application for default or any order passed by it ex parte;
• Pass an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application made or appeal filed under this Act;
• Pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I;
• Any other matter which may be prescribed.^[7]

Section 20 states that the tribunal while passing any order or decision or award, has to apply principles of sustainable development, the precautionary principle and the polluter pays principle.^[8]

Appeal to Supreme Court: Section 21

If any person is aggrieved with the order or award that was given by the Tribunal, he/she may file an appeal to the Supreme Court within 90 days of the order passed or award of the tribunal. The Supreme Court shall also entertain the application after the expiration of 90 days if it satisfies with the reason that prevented the applicant to file before the Supreme Court.

Penalty: Section 26

Any person who fails to comply with the award passed or decision of the tribunal shall be punishable with the imprisonment of a term which may extend to 3 years or fine which may extend to 10 crore rupees or both. In case the failure continues, the additional fine may be imposed which may extend to 25000 every day during the contravention.

In the case of companies, the fine may extend to 25 crore rupees and an additional fine of 1 lakh every day if there is no compliance with the award made by the tribunal.

Who can approach the National Green Tribunal

According to the NGT Act, an aggrieved person can file a case before the Tribunal and could be an individual, a company, a firm, an association of persons (like an NGO), even if not registered or incorporated, a trustee, a local authority (like a municipal corporation), or a government body (like the State Pollution Control Board).

The person need not be directly affected by the project or development in question but could be any person who is interested in protecting and preserving the environment. There is a time period within which the case has to be brought before the Tribunal, which varies according to the type of case.^[9]

Conclusion

The National Green Tribunal is a welcoming concept, where there are huge environmental-related cases that have been raised in every part of the society, where undoubtedly it has to be addressed and cleared there and the, for the sustainable development of the environment. Hence, the tribunal plays a significant role in protecting the environment. The tribunal has to be monitored periodically to attain the objective of environmental conservation.

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^[1] Centre for Research Policy, Available here

^[2]National Green Tribunal Act, 2010, Available here

^[3] Available Here, Here

^[4] Section 5 of the Act

^[5] Section 6 of the Act

^[6] Section 14 of the Act

^[7] Section 19 of the National Green Tribunal Act, 2010

^[8] Section 20 of the Act

^[9] Centre for research policy, Understanding the National Green Tribunal, Available here

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1. Environmental Laws; – Notes, Case Laws And Study Material