Assignment

NAME: Parinishtha Sharma

COURSE: BA.LLB (3rd year)
SUBJECT: Environmental Law
INSTUTITION’S NAME: DIRD
Introduction
 The Constitution of India through its directive principles of state policy
(DPSP) mentions that “it is the duty of the state to protect and
improve the environment and to safeguard the forests and wildlife of
the country and bestow upon the citizens the duty to protect the
environment”.
 In reality the implementation of DPSPs immediately after
independence was a difficult task for the government as there were
many other problems that were given priority over the environment.
 To overcome the basic problems of poverty, illiteracy, unemployment
and to provide basic health care facilities, environment issues were not
given that much importance.
 In order to increase the production in the economy more and more
industries were set up. This has led to the degradation of environment
at a large scale in India and the priority in the last decade had
gradually shifted to protection of the environment.
 In 2010, the government enacted the National Green Tribunal (NGT)
Act which enabled the creation of a special green tribunal that would
handle the cases concerning environmental issues.
 The inspiration for this came from Article 21 of the Constitution of
India which guarantees the citizens of India a right to a clean and
healthy environment.
 After the enactment of the National Green Tribunal Act, 2010, India
became the third country in the world after New Zealand and Australia
which has special fast-track courts and quasi-judicial bodies that deal
with environment-related cases.

Origin of the idea of establishing Environmental Courts in India

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 In 1992, the United Nations Conference on Environment and

Development was held in Rio de Janeiro, India pledged to provide
administrative and judicial remedies for the victims who have suffered
problems due to different pollutants and other environmental damage.
 The Supreme Court of India suggested that there should be
environmental courts on regional basis with professional judges and 2
experts keeping in mind the kind of expertise needed to deal with such
issues.
 This was emphasized by the Supreme Court as there was a need for
speedy justice for environmental protection and to reduce the burden
on the High courts which were not able to do quick disposal of cases
involving environmental issues as they were overburdened by cases.
 As a result of this dire need for speedy justice The National Green
Tribunal (NGT) was founded on 18th October, 2010 under the National
Green Tribunal Act, 2010.
 It is a statutory tribunal which was enacted by the parliament specially
for hearing the matters concerning to environmental issues.
 It was a result of long procedure and the demand for such tribunal
started long back in the year 1984 after the Bhopal gas tragedy.
 Then the Supreme Court specifically mentioned the need for such
tribunals in the case where the gas leaked from Shriram food and
fertilizers limited in Delhi. 
 The Supreme Court than in a number of cases highlighted the difficulty
faced by judges in adjudicating on complex environmental cases and
laid emphasis on the need to set up a specialized environmental court.
 Though the credit for enacting the NGT Act, 2010 goes to the then
Environment Minister Jairam Ramesh, it became functional only
because of repeated directions of the Supreme Court while hearing the
Special Leave Petition titled Union of India  v. Vimal Bhai.

Difference between a Court and a Tribunal

o The Supreme Court has given an answer to this question in the form of
this statement that “Every Court may be a Tribunal but every Tribunal is
not a Court”. 
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o For instance, a High Court may issue writs and has wide-ranging powers
under which it can hear cases on different matters but the Nation Green
Tribunal can only deal with the cases involving the environment and
other natural resources and the laws which are mentioned
under Schedule I of the National Green Tribunal Act, 2010.

Composition of National Green Tribunal

 The composition of the National Green Tribunal is given in Section 4 of
Chapter II of the National Green Tribunal Act, 2010. 

 The tribunal shall consist of the following people:

o A full-time Chairperson;
o At least 10 members and not more than 20 members
consisting of full-time Judicial officials as notified by the
Central Government from time to time;
o At least 10 members and not more than 20 members
consisting of Experts as notified by the Central Government
from time to time. 
 The Chairperson may, anytime, invite anyone who has specialized
knowledge and experience regarding environmental issues filed
before the Tribunal for the purpose of assistance.
 By notification, the Central Government can anytime specify the
sitting place of the Tribunal and the territorial jurisdiction falling
under all the places.
 In consultation with the Chairperson of the Tribunal, the Central
Government can make rules regarding the procedures and practices
followed by the Tribunal which includes the following:
o The rules regarding the persons who shall be entitled to
appear before the Tribunal;
o The rules regarding the procedure by which the Tribunal
hears applications and appeals and any other matter related
to such applications or appeals.
o The rules regarding the number of members who can hear
the appeals and applications – with respect to their class or
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classes. The number of experts hearing an appeal or

application should be equal to the number of Judicial
members hearing the same appeal or application.
o The rules related to the shifting of a case from one place to
another by the Chairperson.  

 National Green Tribunal Chairman

o Justice Lokeshwar Singh Panta became its first Chairman. Justice
Swatanter Kumar retired on 20 December 2017.
o After him, the acting Chairman of the National Green Tribunal was
Justice Jawad Rahim, retired Justice Adarsh Kumar Goel is the
incumbent chairman of the National Green Tribunal.

Appointment of Chairperson
 According to Section 5 of the National Green Tribunal Act, the
Chairperson, Judicial Members and Expert Members of the Tribunal
shall be appointed by the Central Government.
 The Chairperson is appointed by the Central Government after
consulting with the Chief Justice of India.

Qualification 
For the post of Chairperson, a person should be one who is or has been a
Supreme Court’s Judge or a High Court’s Chief Justice. 

Resignation
In order to resign from the office of the Chairperson, he can give a notice in
writing addressing the Central Government. 

 Removal and Suspension 

 The Chairperson can be removed from his office on the following
grounds, if: -
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 He is an insolvent; or
 He has been convicted for anything which involves moral turpitude.
 He has become mentally or physically incapable.
 He has acquired a financial interest or any other interest which is
likely to affect his functions prejudicially.
 He has abused his position as to render his continuance to the public
interest prejudicially.

Term of office
o The Chairperson of the National Green Tribunal is appointed for a period
of five years.
o The Chairperson, if he is or has been a Supreme Court Judge shall not
hold office after 70 years of age. In case, if he is or has been a High Court
judge then he shall not hold office after 67 years of age. 

Objectives of the National Green Tribunal

 There are three important objectives of the National Green Tribunal,
they are:

 The speedy and effective disposal of all the cases related to

environmental protection and other natural resources. All the
previous pending cases will also be decided by the Tribunal.
 Its main aim is to legally enforce all the rights relating to the
environment.
 It accounts for providing compensation and justice to all the affected
people in case of any damage.

Structure of National Green Tribunal

 The National Green Tribunal (NGT) has been established on 18th
October 2010, under the National Green Tribunal Act, 2010, so that the
cases associated with environmental protection and other natural
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resources like forests, etc. can be settled effectively and expeditiously by

giving compensation and relief to all those who suffered damages for
the matters connected therewith or incidental thereto. 
 It has replaced the National Environment Appellate Authority.

National Green Tribunal Bill 2009

 The Government of India introduced The National Green Tribunal Bill,
2009 on 31st July 2009. 
 The bill provides for the establishment of a Green Tribunal to deal
with environmental cases specifically related to environmental
protection and conservation of natural resources. 
 This Tribunal would replace the National Environment Tribunal and
the National Environment Appellate Authority.
 The Tribunal would function under the Supreme Court of India and
have jurisdiction over all civil matters related to the environment. It
will have powers to order relief and compensation to the victims of
environmental damage.
 The bill had some loopholes due to which it faced criticisms but, after
some amendments, the bill was finally passed in May 2010 in the
form of the National Green Tribunal Act, 2010.
 Before the tribunal came into existence, the normal courts used to
hear environmental issues. After the establishment of the Green
Tribunal, approximately 5000 pending cases were transferred to the
Green Tribunal.
 The previous adjudicatory framework included:
o The Civil Procedure Code (CPC)
o The Criminal Procedure Code (CrPC)
o Criminal prosecutions under various laws.
o The appellate authority to hear appeals against the order of
the State Pollution Control Boards (SPCBs).
o The National Environment Tribunal Act, 1995. (now
repealed)
o The National Environment Appellate Authority Act, 1997.
(now repealed)
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Highlights of the Bill

 The Bill was proposed for setting up specialized environmental courts
in the country.
 It would replace the National Environment Tribunal Act and the
National Environmental Appellate Authority.
 The council would consist of both experts and judicial members for
settling the environment-related matters. 
 The task of the Tribunal would be to hear ‘substantial’ questions
related to environmental problems which affect not only individuals
or groups but also the community at large because environment
related issues affect public and not just individuals.

Criticisms 
 A ‘substantial question’ related to the environment can be
interpreted in many ways.
 The tribunal would have only five benches which would reduce the
access to justice.
 The bill did not give any power to the tribunal to deal with some laws
related to the environment.
 The method of selecting members of the tribunal was not specified in
the bill.
 There was no information regarding the minimum number of
members and the Selecting Committee of the tribunal.

Amendments 
 The Bill was then revised by a Standing Committee on Science and
Technology, Environment and Forests under the chairmanship of Dr. T.
Subbarami Reddy and the committee had members from both houses of
the parliament.
 Certain changes were proposed by the committee in their report on 24 th
November 2009 and they are as follows:
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Section Head Original Bill Proposed Amendment

The date on which the Act

The Central Government
shall come into force shall
Section The enforcement had the power to set
be decided by the Central
1(2) of the Act different dates for different
Government by notifying the
sections to come into force.
same in the Official Gazette.

At least 10 members shall be

The limit regarding the
appointed which can be
Section Number of number of members the
extended to 20 members
4(1)(b) members tribunal can appoint was not
(includes both judicial
mentioned.
members and experts).

Section Expansion of The rules to be made by the The rule-making power has
4(4) rules to include Central government in been further defined to
the transfer of consultation with the include:
cases, Circuit Chairperson of the tribunal.
procedure, etc. It can hear any application
or appeal at someplace
other than its ordinary place
of sitting and it falls under its
jurisdiction.

The number of experts and

judicial members should be
equal while deciding any
case.

The rules related to the

transfer of cases from one
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place of sitting to another.

No member (judicial or
expert) could take
The proposed amendment
employment with someone
Section Post-tenure recommended the increase
else, who had been involved
5(4) debarment in the time period from one
in a dispute before the
year to two years.
tribunal for a period of one
year.

Any organization or
representative body which
is working for the
Any aggrieved person can
environment could file an
Section Definition of a approach the tribunal to
application but it did not
18(2)€ person aggrieved seek justice and claim
include whether a person
compensation in cases.
who suffered the same
could approach the tribunal
or not. 

The principles of sustainable

development, precautionary
Section
Principles  New section guidelines ad the ‘polluter
19A
pays’ should be considered
while deciding cases.

If there is a deadlock while

deciding any case and the
member favouring the
Section Decision-making The decision taken by the
judgement and opposing are
20 power majority is final and binding.
equal then the matter will
be decided by the
chairperson if he is not part
of the hearing.
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If he has been a part of the

hearing then he will refer
the case to another member
who shall decide the case.

The aggrieved party, within

90 days of the
communication of the order,
The decision taken by the can file an appeal in the
Section Appeal to the tribunal is final and binding Supreme Court. 
21 Supreme Court on both the parties in a
case. If a sufficient cause of delay
exists, then the Supreme
Court can hear an appeal
even after 90 days.

Amendments to the Bill

 After all these amendments the bill was finally passed by both the
houses of the parliament after getting the approval of the President it
became the National Green Tribunal Act, 2010.

 An amendment in Clause 18(2)(e) gives an opportunity to all the

citizens of India to approach the National Green Tribunal.
 An amendment to Section 19(a) ensures to consider all the important
principles like sustainable development, the polluter pays, etc. while
deciding any case.
 The entire act would come into force at once and not section-wise.
 The aggrieved party can file an appeal in the Supreme Court of India if
he is not satisfied by the decision of the Tribunal.
 The provisions regarding the place of sitting and territorial jurisdiction
also changed as per the recommendations of the committee.
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 The number of members in the council was fixed to a minimum of ten

and no more than twenty.
 The recommendations regarding the deadlock between the members
while deciding a case was also approved and was changed
accordingly.
 A selection committee would be made for selecting the members of
the Tribunal in a fair manner. People working in the field of
environment and its conservation will be made its members. 

National Green Tribunal Act 2010

This act is known as the National Green Tribunal Act, 2010. The first Green
Tribunal which got established officially was notified on 19th October 2010. 

Qualifications for Appointments

The Qualifications for the Chairperson and other Judicial and Expert members
of the Tribunal is given in Section 5 of the Act.

Post  Qualification

A person who is or has been a Supreme Court’s Judge or a High Court’s

Chairperson
Chief Justice. 

Judicial
A person who is or has been a High Court’s Judge.
Member

Expert Experience and qualification in the technological and scientific field or

Member practical experience in matters related to the environment.
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Term of Office
 The term of office for all members including Chairperson is given
in Section 7  of the Act.
 The Chairperson, Judicial and Expert members are appointed for five
years.
 The Chairperson and Judicial member, if he’s a Supreme Court Judge,
shall not hold office after 70 years of age. In case, if he’s a High Court
judge then he shall not hold office after 67 years of age. 
 The Expert members can hold office only till 65 years of age.

Appointment of Chairperson, Judicial Member and Expert member

 The manner of appointment in which the Chairperson and other

members including Judicial members and Experts are given in Section
6 of the Act.
 The Chairperson, Judicial members and Expert members of the Tribunal
shall be appointed by the Central Government.
 The Chairperson shall be appointed by the Central Government after
consulting with the Chief Justice of India.
 The Judicial members and Experts of the Tribunal shall be appointed by
the Selection Committee in the manner as may be prescribed. 

Resignation
The manner of resigning from the Tribunal is given in Section 8 of the Act.

In order to resign from their office, the Chairperson, Judicial Member and
Expert member can give a notice in writing addressing the Central
Government.  
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Salaries & Allowances 

 The salaries and other allowances to the members of the tribunal are
given in Section 9 of the Act.
 The salaries and allowances payable to the Chairperson, Judicial
Member and Expert Member of the Tribunal and other terms and
conditions which include pension, gratuity and other benefits, shall be
such as may be prescribed.
 Neither the salary and allowances nor the other terms and conditions
shall be varied to their disadvantage after the appointments.    

Removal and Suspension 

 The process of removal and suspension of the Chairperson, Judicial
Member and Expert is given in Section 10 of the Act.
 The Central Government, in consultation with the Chief Justice of India,
can remove a member from the office of the Chairperson, Judicial
Member and Expert Member of the Tribunal if:

 He is an insolvent; or
 He has been convicted for anything which involves moral turpitude.
 He has become mentally or physically incapable.
 He has acquired a financial interest or any other interest which is
likely to affect his functions prejudicially.
 He has abused his position as to render his continuance to the public
interest prejudicially.

 No member can be removed from his office without an order made by

the Central Government after an inquiry by a Judge of the Supreme
Court related to the ground on which he is getting removed from his
position.
 Such a person must be informed of the charges against him and should
be given a reasonable chance of being heard in respect of the charges
against him.
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Vacancy
 The provisions regarding vacancy are given in Section 11 of the Act.
 In the case of any vacancy in the Office of the Chairperson of the
Tribunal by reason of his death or resignation, a Judicial Member of the
Tribunal as the Central Government may think fit to act on the
Chairperson’s behalf, shall be appointed as the acting Chairperson until a
new Chairperson is appointed according to the provisions mentioned
under the Act.

Staff of Tribunal
 The staff of Tribunal given in Section 14 of the Act.

 The Central Government shall mention the categories of the Officers

and other employees needed by the Tribunal to help them in
discharging its functions.
 The recruitment of the officers and other employees of the Tribunal
shall be done by the Chairperson in accordance with the manner
prescribed for the same.
 All the officers and other employees of the Tribunal shall discharge
their functions under the supervision of the Chairperson.
 The salaries and allowances and all the other terms and conditions of
service of the officers and employees shall be such as may be
prescribed.

Application to the Tribunal 

An application to the Tribunal can be filed by anyone who:

 Has sustained the injury

 Is the owner of the property damaged
 Is the legal representative of the deceased person
 Is an agent authorized by the person affected
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 Is a person aggrieved and it also includes a representative body or an

organization. 
 The Government/CPCB/SPCBs/PCCs or any other environmental
authority constituted under the Environment Act.

The application or appeal has to be decided quickly after hearing both the
parties which a period of 6 months from the date of filing that appeal or
application.

Jurisdiction and Powers of the National Green Tribunal

o The National Green Tribunal has the power to hear all civil cases relating
to environment that are linked to the implementation of all the laws
listed in Schedule I of the Act. These are mentioned below:

 This means that in case of any infringement of these laws or any order
given by the Government under these laws which is not proper can be
challenged in the National Green Tribunal and will be decided there. 

 Most importantly, the National Green Tribunal has not been given the
powers to hear any cases relating to the Wildlife (Protection) Act,
1972, the Indian Forest Act, 1927 and various laws enacted by States
relating to forests, tree preservation and various other laws.
 The National Green Tribunal has jurisdiction to decide all the cases
which involve substantial questions regarding the environment and its
protection and any legal rights in connection with it.
 The tribunal, being a statutory authority, not only exercises original
jurisdiction on filing an application but also has appellate jurisdiction
through which it hears appeals as a Court. 
 The tribunal is not bound by the procedure mentioned under the Civil
Procedure Code, 1908 and it applies the principles of natural justice
while deciding any matter.
 All the principles such as sustainable development, polluter pays and
precautionary principles, are considered by the tribunal before
deciding any case. 
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 The National Green Tribunal, by an order can provide the following:

o Compensation and relief to all the people who are the
victims of pollution and environmental damage and it also
includes accidents which happen while handling hazardous
substances.
o Restitution of a damaged property
o Restitution of the environment for areas which the tribunal
may think fit. 
 An appeal against any order given by the tribunal can be made before
the Supreme Court of India within ninety days from the date of
communication of the order regarding the case.

Functions of the National Green Tribunal Act

 It is a body that has expertise in handling the disputes related to the
environment which includes multi-disciplinary issues as well.
 The Code of Civil Procedure, 1908, shall not bind the Tribunal as it is
to be guided by natural justice principles.
 The jurisdiction of the Tribunal shall provide speedy trials of the
environment-related matters and help in reducing the burden of
cases pending in the higher courts.
 The tribunal is mandated to dispose off environment-related issues
within 6 months of filing the complaint. 

 The National Green Tribunal need not follow all that is given under
the Civil Procedure Code but can regulate the procedure by itself and
applies the principle of natural justice in administering justice.
 It is required to apply principles such as sustainable development at
the time of awarding compensation or giving orders. 
 It should have in mind the principle that whoever is found polluting
will have to pay i.e. the principle of ‘Polluter Pays’.
 The National Green Tribunal is not bound by the rules mentioned in
the Indian Evidence Act.
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 All the proceedings before the National Green Tribunal shall be

accorded to the proceedings within the sections of the IPC.
 The tribunal is allowed to be a civil court to settle the matters.

Important orders 
 The NGT suspended an order in which a steel maker company signed
an MoU with the government of Odisha to set up a steel plant. It was
done for the local communities and forest life in the area.
 It gave a judgement on the complete prohibition of open burning of
wastelands including landfills for dealing with the issue of solid waste
management in the country.
 It has applied the principle of ‘polluter pays’ directly while deciding
cases.
 It ordered that all the diesel vehicles which are 10 years old will not
be permitted in Delhi due to alarming air pollution. 
 It never hesitated in imposing high penalties. For instance, a penalty
of Rs. 5 crores was imposed in a case which came before the NGT.
 It imposed an interim ban on the polythene bags which were less
than 50-micron thickness in Delhi.
 In a case, it held that even a foreign national can approach the NGT. 

National Green Tribunal Judgements

 Some of the important judgments of the NGT are as follows:

In Ms. Betty C. Alvares vs. The State of Goa and Ors. - a complaint was made
regarding the illegal construction in Goa. It was being done by a person of
foreign nationality. The maintainability of the case was challenged even before
the decision came. There were two objections raised in this case, they were:

 The person has no locus standi in the matter as she was not from
India and thus, he cannot file the petition before the tribunal under
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Article 21 of the constitution because she has not been given any of
these rights as a non-citizen.
 The matter was barred by the limitation law and should be dismissed.
The case was initiated in Goa but was then transferred to the National
Green Tribunal.

 The tribunal disagreed from the first objection in the case. The
scope of Article 21 should not be narrowed. The court held that
even if the complainant was not Indian then also the application
was maintainable. A foreigner national can also approach the
National Green Tribunal.

In Samit Mehta vs. Union of India and Ors.- an environmentalist filed an

application regarding the damage caused by the sinking of a ship which was
carrying coal, fuel oil and diesel. Due to the sinking, a thick oil layer was
formed on the surface of the sea which caused damage to the marine
ecosystem. The tribunal was of the view that negligence could be attributed to
some of the respondents and they had not adhered to the pre-voyage
principles. In this case ‘Polluter Pays’ principle was invoked. 

Conclusion
The fast expansion of Industries and the beginning of developmental activities
in the country a large number of environmental issues have begun to come up.
There are a number of instances in which these human activities have caused
damage to the environment which in some cases cannot be recovered.

India is one of the nations in the world who give a high amount of importance
to environmental conservation and its protection. There are already a number
of legislations which have been passed by the Parliament to deal with the
environment and forest conservation and their protection. The Green Tribunal
adds another feather to this by specifically dealing with environmental issues.

There have been other such bodies like the NEAA and NETA which have failed
to serve the purpose for which they were established but it will be unfair to
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compare them to the Green Tribunal. Failures committed in the past must not
stop us from moving forward to new future beginnings.

For a country that has faced one of the world’s most horrifying industrial
disasters i.e. the Bhopal Gas Tragedy, the setting up of a body like the National
Green Tribunal obviously seems to be a brilliant idea. The critics of the Tribunal
fear that it is going to deliver more of the same. 

With the introduction of a system that supports and encourages

environmental justice, the inexperienced assembly shall create the Indian
nation a task model for its neighbouring nations of South-East Asia.