GROUP 7

AYUSHI VORA 1164

SMRIDDHI SARAF 1165

SEJAL PRIYA 1167

SIMRAN SARAWGI 1168

SADHANA BHARTIA 1169

 National Green tribunal act, 2010
DEFINITION
The Act of Parliament defines the National Green Tribunal Act, 2010 as an act which provides
for the effective disposal of cases which relate to environmental protection and conservation of
forests and other natural resources including enforcement of legal rights and giving relief and
compensation for the damages to persons who are adversely affected.
The Tribunal provides for speedy environmental justice reducing the burden on courts. The
Tribunal is mandated for resolve and dispose of the appeals within 90 days filling the same.
New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai
are also other four places of sitting of the Tribunal.  

ORIGIN
During the summit of United Nations Conference on Environment and Development in June
1992, India participated to provide judicial and administrative remedies to the victims of the
pollutants and other environmental damage.

The bill for NGT was published on 31 July 2009 and was passed on 5 May 2010. The National
Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act
2010.
India is the third country following Australia and New Zealand to have such a system of NGT.
The Chairperson of the NGT is a retired Judge of the Supreme Court, headquartered in New
Delhi. On 18 October 2010, Justice Lokeshwar Singh Panta became its first Chairman.
Each bench of the NGT will comprise at least one Judicial Member and one Expert Member.
Expert members should have a professional qualification and a minimum of 15 years of
experience in the field of environment/forest conservation and related subjects.

IMPORTANCE OF NGT
I. It plays an important role in preventing activities that harm the environment.
II. NGT has been a critical player in upholding environmental regulations. It has passed strict
orders from various issues ranging from pollution to waste management and deforestation
as well.
III. NGT can hear civil cases under 7 laws related to the environment:
 The Water (Prevention and Control of Pollution) Act, 1974
 Water (Prevention and Control of Pollution) Cess Act, 1977
  Forests (Protection) Act, 1980
 The Air (Prevention and Control of Pollution) Act, 1981
 Environment (Protection) Act, 1986
 Environment (Protection) Act, 1986
 Biodiversity Act, 2002
Any decision taken by the government under the above laws can be challenged before the
NGT.

IV. It offers a smooth road for the evolution of environmental jurisprudence by establishing
such an alternative dispute resolution system. It also helps reduce the burden of litigations
in other courts of India by dealing exclusively with environmental matters.
V. It forms a less formal, faster and cheaper source of resolving disputes related to the
environment.
VI. The members and chairperson are not eligible for further appointment making them likely
to deliver independent judgements without much pressure of bureaucracy and bias.
VII. Over the years, the NGT has played an important role in the field of environment and has
passed strict orders ranging from deforestation in the forests to waste management, etc.
VIII. NGT has given a new direction by establishing an alternative Dispute Resolution Mechanism
for justice in the field of environment. This has reduced the burden of environmental
matters in the High Courts. NGT is an informal, economical, and fast-track mechanism to
address environmental issues.

SECTIONS IN NGT ACT

SECTION 1: SHORT TITLE AND COMMENCEMENT-The Act National Green Tribunal Act, 2010
shall come into force on a date which the Central Government appoints via way of means of
Official Gazette.

SECTION 1: SHORT TITLE AND COMMENCEMENT-The Act National Green Tribunal Act, 2010
shall come into force on a date which the Central Government appoints via way of means of
Official Gazette.

SECTION 2: DEFINITIONS

SECTION 3: To exercise jurisdiction, powers and authority the Central Government shall by
notification, establish a Tribunal known as National Green Tribunal.

SECTION 4: COMPOSITION-

 A full-time chairperson
 Not less than 10 but subject to maximum of 20 full time Judicial Members as Central
Government may specify.
  Not less than 10 but subject to maximum of 20 full time Expert Members as the Central
Government may specify.
EARLIER SECTION 5 TO 10 DEALT WITH THE QUALIFICATION, APPOINTMENT, TERMS OF OFFICE,
SALARIES AND ALLOWANCES, ETC. BUT THEY ARE NOW INSERTED IN SECTION 10A OF THE NGT
ACT.

SECTION 10A:

QUALIFICATION- To become a Chairperson or Judicial Member of the Tribunal if he has been

person who has been a Judge of the High Court shall also be qualified to be appointed as
Judicial Member and for at least 10 years, held a judicial office in India.

TERMS OF OFFICE-

CHAIRPERSON: 3 years or 70 years of age, whichever is earlier.

JUDICIAL MEMBERS: 3 years or 67 years of age, whichever is earlier.

EXPERT MEMBERS: 3 years or 67 years of age, whichever is earlier.

SALARIES AND ALLOWANCES-

CHAIRPERSON: ₹250000 together with other benefits and allowances as acceptable to Central
Government.

JUDICIAL MEMBERS AND EXPERT MEMBERS: ₹250000 and shall be entitled to draw payments
as are allowable to Government of India Officer holding Group `A’ post carrying the same pay.

RESIGNATION-

A member can resign at any time by writing it to the Central Government.

REMOVAL VACANCY IN OFFICE OF CHAIRPERSON- If there is vacancy in the office of

Chairperson, Central government shall have the power to appoint senior most Vice-
Chairperson. In his absence Judicial Member or Expert Member has authority to preside as
Chairperson.

SECTION 12: STAFF OF TRIBUNAL

SECTION 13: FINANCIAL AND ADMINISTRATIVE POWER

SECTION 14: JURISDICTION OF THE TRIBUNAL- Tribunal shall have jurisdiction over all civil
cases where a substantial question relating to environment is involved and such question arises
out of implementation of enactment specified in Section 1.
SECTION 19: PROCEDURE AND POWER

SECTION 21: DECISION SHALL BE TAKEN BY THE MAJORITY OF OPINION.

SECTION 22: APPEAL TO SUPREME COURT- Any individual aggrieved by any award, decision or
order of the tribunal, may, file an appeal to the Supreme Court, within 90 days from the date of
communication of the award, decision or order of the tribunal to him, on any one or more of
the grounds specified in section 100 of the Code of Civil Procedure, 1908.

SECTION 23: TRIBUNAL HAS RIGHT TO MAKE ORDER AS TO COST

SECTION 24: REIMBURSEMENT OR RELIEF RECEIVED WILL BE CREDITED TO ENVIRONMENT

RELIEF FUND.

SECTION 25: GRANT OR REQUEST OR CHOICE WILL BE EXECUTABLE AS A DECLARATION OF CIVIL

COURT.

SECTION 26: PENALTY FOR FAILURE TO COMPLY WITH ORDERS OF TRIBUNAL- Whoever,
neglects to consent to any request or grant of choice of the tribunal under this Act, he will be
culpable with the payment for which might reach out to 3 years or with fine which might
stretch out to 10 crore rupees, or with both.

SECTION 27: OFFENCES BY THE COMPANIES

SECTION 28: OFFENCE BY GOVERNMENT DEPARTMENT

SECTION 29: BAR OF JURISDICTION- civil court should not have jurisdiction to entertain any
appeal in respect of any matter where tribunal is so empowered

SECTION 31: All the members of the tribunal, within the meaning of section 21 of IPC,1860 shall
be public servants.

SECTION 32: No suit or legal proceedings shall be taken against any member of the Tribunal or
any employee of the Central Government or the State Government, for anything done in good
faith or intended to be done in pursuance of this Act or any rule or order therein.

SECTION 34: Central Government have power to amend Schedule 1.

SECTION 35: For carrying out provisions of this Act, Central Government have power.

SECTION 36: AMENDMENT OF CERTAIN ENACTMENTS.

SECTION 37: POWER TO REMOVE DIFFICULTIES.

SECTION 38: REPEAL AND SAVINGS.

POWERS OF NGT
The National Green Tribunal has the power to hear all civil cases relating to
environment that pertain to the implementation of all the laws listed in Schedule I
of the National Green Tribunal Act, 2010. These laws are-

1. The water (prevention and control of pollution) Act, 1974

2. The water (prevention and control of pollution) Cess Act, 1977
3. The Forest (conservation) Act, 1980
4. The Air (prevention and control of pollution) Act, 1981
5. The Environment (protection) Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological diversity Act, 2002.

Therefore, in case of contravention of any of these laws or an improper order

passed by the government, the National Green Tribunal has the power of hearing
these cases. However, the powers of hearing cases relating to the Wildlife
(protection) Act, 1972 and the Indian Forest Act, 1927 along with several other
laws enacted by the states in regards to forests, tree preservation, etc., does not
vest with the NGT. Its jurisdiction includes decisions on those matters which
involve considerable questions relating to the environment and its protection and
legal rights linked to it. NGT does not merely exercise the original jurisdiction on
filing an application but also exercises the hearing of appeals as a court through
appellate jurisdiction. It applies the principle of natural justice while taking
decisions and is not bound by the procedure stated in the Civil Procedure Code,
1908. The tribunal considers all the principles like sustainable development and
precautionary principles before making decisions. NGT can pass an order to
provide relief for the following:

 Compensation for damaged property

 Restoration of the environment for areas the tribunal thinks is fit
 Compensation to the victims of pollution or environmental damages, and
accidents caused due to handling of hazardous substances.
WHO CAN FILE A CASE IN NGT?
NGT main theme is environmental protection. The cases related to violation of environment are
filed in NGT. Any person look for relief and compensation for environmental violence involving
subjects in legislations mentioned in Schedule 1 of the National Green Tribunal Act, 2010 may
approach the Tribunal.

The statutes in Schedule 1 are:

 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.
The Tribunal has authority over all civil cases involving a meaningful
question relating to environment. Additionally, any person
discontented by an order / direction of any of the Supreme Authorities
under the legislations mentioned above can also challenge them before
the National Green Tribunal.

References:

http://www.blog.ipleaders.in/

http://www.blog.ipleaders.in/

http://greentribunal.in/

https://www.conservationindia.org/resources/ngt
https://www.indiacode.nic.in/handle/123456789/2025?
view_type=browse&sam_handle=123456789/1362

http://en.wikipedia.org/

https://www.advocatekhoj.com/library/bareacts/nationalgreen/index.php?
Title=National%20Green%20Tribunal%20Act,%202010