4 landmark NGT judgments that

created history

Within the short span of 7 years, the Tribunal has given some landmark judgments that changed the
course of environmental law and environmental protection in India.

Ms. Betty C. Alvares vs. The State of Goa and Ors.

Facts and Issues

 A complaint regarding illegal construction in the Coastal Regulation Zone of Candolim, Goa
was made by Betty Alvarez.
 The objection was that Betty Alvarez was not an Indian citizen so she was legally not allowed
to file the petition under Article 21.

Judgment

 The Tribunal disagreed from taking a narrow view of the right guaranteed under Article 21
of the Constitution of India. Betty by her application sought the demolition of such illegal
construction.
 The Court laid down that once it is found that any person can file a proceeding related to
the environmental dispute, Ms. Betty’s application is maintainable without regards to the
question of her nationality.

Almitra H. Patel & Ors. vs. Union of India and Ors.

Facts and Issues

 In this case, Mrs. Almitra Patel and another had filed a PIL for the immediate and urgent
improvement in the way Municipal Solid Waste or garbage is treated in India.

 The Tribunal found over a lakh tonnes of raw garbage is dumped every day and there is
no proper treatment of this raw garbage which is dumped just outside the city limits.

 The Tribunal noted the requirement of conversion of this waste into a source of power and
fuel to be used for society’s benefit.

Judgment

 The Tribunal directed every state and UT to implement the Solid Waste Management Rules,
2016
   Proper segregation before processing of waste in energy plants.

 Landfills to be used for depositing inert waste only and are subject to bio-stabilization within 6
months.
 The most important direction was a complete prohibition on open burning of waste on lands.

Samit Mehta vs. Union of India and Ors.

Facts and Issues

 An environmentalist filed applications in relation to the damage caused to the sinking of a ship
named M. V. Rak which was carrying huge amounts of coal, fuel oil and diesel.

 As a result of the ship’s sinking, a thick film of oil was formed on the surface of the sea and
large-scale damage was caused to mangroves and marine ecosystem.

Judgment

 The Tribunal directed Respondents 5, 7 and 11 to pay environmental compensation to the

tune of Rs. 100 crores to the Ministry of Shipping, GOI which is one of the biggest
compensation amounts ever paid by a private entity against environmental damage done.

 Further, Respondent 6 was asked to pay a compensation of Rs. 5 crores.

Save Mon Region Federation and Ors. vs. Union of India and Ors.

Facts and Issues

 An organization named Save Mon Region Federation along with a social activist filed an appeal
against the grant of Environmental Clearance given to a INR 6,400 crore hydro project.

 The said project was situated close to the wintering site for a bird named Black-necked Crane.
Apart from the birds, the area was also home to several other endangered species

Judgment

 The Tribunal suspended the Environmental Clearance granted to the Project.

 The Tribunal Directed the EAC to make a fresh appraisal of the proposal for environmental
clearance grant and asked the Ministry of Environment and Forest to make a separate study
on the protection of the said bird.