“National Green Tribunal”

A Proposal made by:

Shashwat Pratyush

Roll No: 1761

Class: B.A.LL.B.(Hons.)

Semester: 7th

Mr. Hrishikesh Manu ,

Assistant professor

A research proposal submitted in partial fulfilment of the course Environment

Law for attaining the degree B.A.LL.B. (Hons.)

SEPTEMBER,2020

CHANAKYA NATIONAL LAW UNIVERSITY

Nyaya Nagar, Mithapur, Patna (Bihar)-800001

INTRODUCTION

The Government of India in the year 2010 enacted National Green Tribunal (NGT) Act
which enabled the creation of a special tribunal which would handle the cases pertaining to
environmental issues. This Act drew its inspiration from Article 21 of the Constitution of
India which assures the citizens of India a right to clean and healthy environment. After the
enactment of this Act, India became third country in the world after Australia and New
Zealand which now has a special fast-track quasi-judicial body which deals with environment
related cases. 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.
NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but
is guided by the principles of natural justice. Further NGT is also not bound by the rules of
evidence as enshrined under the Indian Evidence Act, 1872 thus, making things easier for
conservation groups to present facts and issues before the court. Since its establishment,
National Green Tribunal (NGT) has emerged as a strong force for the enforcement of
Environmental Legislations in India.

The proposed paper deals with the origin of NGT and the act which led to its establishment.
The researcher further proposes to discuss the power and jurisdiction of the court followed by
the landmark judgments pronounced by this court for environmental protection. The
researcher at last proposes to analyze the role played by the NGT in ensuring environmental
protection in recent times.

AIMS AND OBJECTIVES:

1. The researcher had analyzed the power and jurisdiction of NGT.

2. The researcher had researched upon the origin of NGT.

3. The researcher had analyzed the notable orders of NGT.

HYPOTHESIS

The setting up of the National Green Tribunal is a very necessary step, and definitely has
helped to mitigate a rapidly deteriorating Environment in the Country.”
RESEARCH QUESTIONS:

1. What is the jurisdiction of NGT?

2. What is the origin of NGT?

3. What have been the notable orders passed by NGT?

RESEARCH METHODOLOGY:

The researcher had relied on Doctrinal method of research to complete the project.

SOURCES OF DATA:

The researcher has relied on both primary and secondary sources to complete the project.

1. Primary Sources: Acts and Statutes.

2. Secondary Sources: Books and Websites.

LIMITATIONS OF THE STUDY:

The researcher had territorial, monetary and time limitations in completing the project.

TENTATIVE CHAPTERIZATION:

1. Introduction

2. Origin of National Green Tribunal.

3. Composition of National Green Tribunal

4. Jurisdiction and powers of National Green Tribunal.

5. Judicial Vigil.

6. Conclusion and Suggestions.

BIBLIOGRAPHY:

The researcher has consulted following sources to complete the Final Draft:

ACTS:

1. The National Green Tribunal Act, 2010 (Number 19 of 2010).

ARTICLES:

1. Ms. Khandare Jayashree, Role of National Green Tribunal in Protection Environment,

Paripex- Indian Journal of Research, Volume 4 Issue 12, December 2015, ISSN: 2250-1991.

WEBSITES:

1.http://www.delhidailynews.com/news/Panel--Scrap-Yamuna-riverfront-project-
1398490017/

2.http://www.ssrana.in/Intellectual%20Property/Environement-Law/National-Green-
Tribunal-Act-2010-in-india.aspx

3. https://www.legalbites.in/national-green-tribunal/