Understanding the Jurisdiction and Powers of the National Green Tribunal

The protection of the environment has become a pressing concern worldwide, including in India. The establishment of the National Green Tribunal (NGT) in 2010 marked a crucial step towards addressing this challenge. As environmental disputes involve complex legal and technical issues, a specialised forum was necessary to handle these matters efficiently.

The NGT was created to expedite the resolution of environmental cases and protect natural resources while ensuring that economic development progresses sustainably. India became the third country in the world, after Australia and New Zealand, to set up a specialised environmental tribunal.

In this blog, we will explore the reasons behind the creation of the NGT, its powers, jurisdiction, challenges, and critical landmark judgments.

Establishment of the National Green Tribunal

The idea of establishing a dedicated tribunal for environmental issues gained momentum in the 1980s. The turning point came in 1986 when the Supreme Court of India, in the Oleum Gas Leak case, highlighted the need for specialised environmental courts. The court recognized that environmental cases often required technical expertise and continuous monitoring, which regular courts could not provide effectively. In 2003, the Law Commission of India echoed this sentiment in its 186^th report, emphasising the need for a dedicated body to handle environmental disputes.

Despite earlier attempts to address environmental litigation through the National Environmental Tribunal Act, 1995, and the National Environment Appellate Authority Act, 1997, these measures of environmental regulation proved ineffective. The National Environment Appellate Authority (NEAA), set up under the 1997 Act, faced numerous challenges, including a limited mandate and vacancies that hindered its functioning. It was clear that a comprehensive solution was needed for this issue.

In response, the National Green Tribunal Act, 2010, was enacted by Parliament, leading to the establishment of the NGT on October 18, 2010. The tribunal was designed to address a wide range of environmental issues, including the protection of forests, natural resources, and the enforcement of legal rights related to the environment. The NGT was envisioned as a body with the necessary expertise to handle multi-disciplinary environmental disputes and deliver justice promptly. Although the Act came into force in June 2010, the tribunal's first hearing was delayed until May 2011 due to administrative challenges. The Supreme Court had to intervene to ensure the necessary arrangements were made for the tribunal to become fully functional.

Powers and Jurisdiction of the National Green Tribunal

The NGT is a statutory body; it derives its powers from the NGT Act, 2010. It has the jurisdiction to handle all civil cases involving substantial environmental questions, including the enforcement of legal rights related to the environment.

• The tribunal operates on the principles of sustainable development, the precautionary principle, and the polluter pays principle.
• The NGT is not bound by the traditional procedures of the Code of Civil Procedure, 1908, but instead follows principles of natural justice.
  • This makes the tribunal more flexible and efficient in handling environmental disputes.
• It has the authority to cancel approvals, issue stop-work notices, and even demolish unauthorised constructions that violate environmental laws.
• Additionally, the tribunal can direct government agencies to take preventive actions, order compensation for victims of environmental damage, and levy fines for restoring the environment.

The NGT deals with cases under seven major environmental laws:

• 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

Any violation of these laws or any decisions made by the government under these laws can be challenged before the NGT. The tribunal is empowered to hear both original applications and appeals and has appellate jurisdiction in cases where individuals or entities seek to challenge government decisions related to the environment.

Who can Approach the NGT?

One of the key features of the NGT is its open accessibility. According to the NGT Act, any aggrieved person can file a case before the tribunal. This could be an individual, a company, a firm, an association of persons (such as an NGO), a trustee, a local authority (such as a municipal corporation), or a government body (such as the State Pollution Control Board).

More importantly, the person filing the case does not need to be directly affected by the environmental issue in question. Instead, anyone with a vested interest in protecting the environment can bring a case to the tribunal. This inclusiveness allows environmental advocacy groups and concerned citizens to actively participate in the legal process of environmental protection.

The NGT's Role in Environmental Justice

The NGT was established to ensure speedy environmental justice and reduce the burden on higher courts. The tribunal is mandated to dispose of cases within six months of filing. However, the complexity of environmental cases, the involvement of multiple stakeholders, and the need for fact-finding investigations often result in delays beyond this six-month period. Nonetheless, the tribunal remains a crucial institution in India’s legal system that curbs environmental damage and holds violators accountable.

The NGT also contributes to the evolution of environmental jurisprudence by setting precedents that influence future legal interpretations of environmental laws. Its judgments are binding, and failure to comply with its orders can lead to fines or imprisonment. However, parties dissatisfied with the tribunal’s rulings can appeal to the Supreme Court.

Landmark Judgments of the National Green Tribunal

Over the years, the NGT has delivered several landmark judgments that have had a significant impact on environmental protection in India. Some of these include:

• POSCO Steel Project Case (2012): In this case, the NGT suspended the environmental clearance granted to the POSCO steel project in Odisha. The tribunal's decision was seen as a victory for local communities and environmental activists, as it protected forests and local livelihoods from the adverse effects of industrial development.
• Almitra H. Patel vs. Union of India (2012): The NGT issued a judgement prohibiting the open burning of waste on land, including landfills. This case was a major step forward in addressing India’s solid waste management challenges.
• Uttarakhand Floods Case (2013): In the aftermath of the 2013 Uttarakhand floods, the NGT directed the Alaknanda Hydro Power Co. Ltd. to pay compensation to the petitioner. The tribunal’s decision was based on the polluter pays principle, holding the company responsible for contributing to the environmental disaster.
• Ban on Diesel Vehicles (2015): In a landmark decision, the NGT ordered a ban on all diesel vehicles over 10 years old from operating in the Delhi-NCR region. This ruling was aimed at curbing the severe air pollution plaguing the region.
• Art of Living Festival (2017): The tribunal imposed a fine of Rs. 5 crore on the Art of Living Foundation for environmental damage caused by the World Culture Festival held on the Yamuna floodplains. The NGT's decision emphasised the importance of protecting fragile ecosystems from large-scale events.

Challenges Faced by the NGT

Despite its achievements, the NGT faces several challenges that undermine its effectiveness. One of the most significant issues is the limited scope of its jurisdiction.

• The Wildlife (Protection) Act, 1972, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are excluded from the NGT’s jurisdiction.
• This exclusion limits the tribunal’s ability to address crucial issues related to forest rights and wildlife conservation, which are intrinsically linked to environmental protection.

Another major challenge is the delays in delivering justice. While the NGT was created to expedite the resolution of environmental cases, it often faces significant backlogs.

• The tribunal’s inadequate infrastructure, including a shortage of courtrooms and staff, has exacerbated these delays.
• Furthermore, the NGT’s reach is limited to a few major cities in India, making it difficult for people in rural areas to access the tribunal.

The lack of judicial independence has also been a point of criticism. The NGT’s chairperson and members are appointed by the central government, leading to concerns about political interference in its functioning.

• Critics argue that the tribunal’s independence is compromised when members have ties to the government.

In addition, the decisions of the NGT are often challenged in various high courts under Article 226 of the Indian Constitution, which gives high courts the power to issue certain writs.

• Some argue that because high courts are constitutional bodies, they have superiority over the NGT, a statutory body.
• This creates confusion about which decisions can be challenged and the hierarchy of legal bodies in environmental cases.

The NGT has also been criticised for its impact on economic development. Some decisions, particularly those related to large infrastructure projects, have been seen as obstacles to economic progress.

Conclusion

The National Green Tribunal judgments have had a lasting impact on environmental regulation, and it has provided an important forum for resolving disputes related to natural resource management and pollution control in India. However, to fulfil its mandate more effectively, the NGT needs to address several other challenges, including expanding its jurisdiction, improving infrastructure, ensuring judicial independence, and reducing delays in delivering justice. Strengthening the NGT is equally essential as balancing the demands of economic development. As environmental issues become more pressing globally, the role of institutions like the NGT will only become more critical in the years to come.

References:

• https://greentribunal.in/downloads/NGT-fin.pdf
• https://cprindia.org/understanding-the-national-green-tribunal/