Amity University

LUCKNOW CAMPUS BATCH 2023-26

THE NATIONAL GREEN TRIBUNAL ACT,

2010

SUBMITTED BY
SUBMITTED TO
ANCHITA SRIVASTAVA RAJAT
SRIVASTAVA
ER.NO.: A8156123005
SEMESTER: 01
 AKNOWLEDGEMENT
I would like to express my sincere gratitude to all those who have contributed to the
completion of this assignment. It has been a journey of research, learning, and hard work, and
I am deeply appreciative of the support and guidance I received along the way.
First and foremost, I want to thank Mr. Rajat Srivastava, our mentor for Environment law, for
his valuable insights, feedback, and encouragement throughout the assignment. His expertise
and dedication to teaching have been instrumental in my understanding of the subject matter.
I am also thankful to my classmates and peers for engaging in discussions and sharing their
perspectives, which have enriched my understanding and broadened my horizons.
Furthermore, I extend my appreciation to my family and friends for their unwavering support
and encouragement during this academic endeavour. Their belief in me has been a constant
source of motivation.
Last but not least, I want to thank the resources, references, and materials that have been
instrumental in shaping the content of this assignment.
This assignment has been a collective effort, and I am truly grateful for the contributions and
inspiration from everyone mentioned above. Your support has been invaluable, and I could
not have completed this assignment without you.
Sincerely,
Anchita Srivastava
The National Green Tribunal Act of 2010
The National Green Tribunal (NGT) is a specialized judicial body established under the
National Green Tribunal Act of 2010. It is dedicated to the effective and expeditious
resolution of cases pertaining to environmental protection, as well as the conservation of
forests and other natural resources in India.
Established on October 18, 2010, the NGT operates as a key institution for addressing
environmental issues through a specialized legal framework. The tribunal's primary objective
is to expedite the disposal of environmental cases, ensuring swift and efficient resolution, and
facilitating the effective enforcement of environmental laws.
The NGT's jurisdiction covers a wide range of matters related to environmental protection,
including cases involving pollution, deforestation, waste management, and other critical
aspects of environmental law. By providing a specialized forum for the adjudication of such
cases, the NGT aims to address the complexities of environmental disputes and contribute to
sustainable development practices. With its establishment, the NGT has become a crucial
player in the realm of environmental governance in India. It reflects the nation's commitment
to addressing environmental challenges through a dedicated legal mechanism, emphasizing
the importance of timely and effective resolution of causes related to environmental
protection and conservation.
The key features of the National Green Tribunal (NGT) underscore its specialized role in
addressing environmental disputes and promoting sustainable development. Here's a closer
look at these features:

1. Composition:
 Chairperson: The NGT is headed by a chairperson, typically a retired Judge of the Supreme
Court of India. This individual brings extensive legal expertise to the tribunal.
 Judicial and Expert Members: The tribunal comprises both judicial and expert members.
These members possess diverse backgrounds, including expertise in environmental science,
biodiversity conservation, and pollution control. This composition ensures a comprehensive
understanding of the multi-disciplinary issues involved in environmental disputes.

2. Jurisdiction:
 Extensive Jurisdiction: The NGT has jurisdiction over all civil cases involving substantial
questions related to the environment. This includes a broad spectrum of issues such as
conservation of forests, protection of wildlife, and measures for the prevention and control of
pollution.
 Wide-Ranging Powers: The tribunal is empowered to hear cases and issue orders on various
environmental matters, making it a comprehensive forum for addressing a range of ecological
concerns.
3. Replacement of National Environment Appellate Authority:
Specialized Forum: The NGT Act of 2010 replaced the National Environment Appellate Authority
(NEAA), emphasizing the need for a more effective and specialized body to handle environmental
disputes.
 Efficiency Enhancement: The establishment of the NGT aimed to streamline the process of
addressing environmental issues, providing a dedicated platform with a focus on expeditious
resolution.

4. Adherence to Principles of Natural Justice:

 Guiding Principles: The NGT operates based on the principles of natural justice, ensuring
fairness and impartiality in its proceedings.
 Sustainable Development: The tribunal is guided by the principles of sustainable
development, taking into consideration the precautionary principle and the polluter pays
principle. This approach ensures a balanced consideration of environmental and
developmental concerns.

5. Article 21 of the Constitution:

 Constitutional Inspiration: The NGT draws inspiration from Article 21 of the Indian
Constitution, recognizing the right to life and personal liberty. The inclusion of the right to a
healthy environment emphasizes the constitutional significance of environmental protection.

6. Powers and Functions:

 Appeal Adjudication: The NGT has the power to hear appeals against orders issued by
environmental regulatory authorities.
 Relief and Compensation: The tribunal is vested with the authority to provide relief and
compensation for damages caused by environmental degradation. This includes addressing
issues related to pollution and environmental damage.
Overall, the National Green Tribunal plays a crucial role in addressing environmental concerns in
India by providing a specialized forum for the resolution of environmental disputes. It aims to ensure
the protection and conservation of the environment while upholding the principles of justice and
sustainable development.

Structure of the National Green Tribunal (NGT):

1. Composition:
 Chairperson: The NGT is headed by a Chairperson, who holds a pivotal role in guiding the
tribunal's proceedings. The Chairperson is typically a retired Judge of the Supreme Court of
India, bringing extensive legal experience to the position.
 Judicial Members: The tribunal includes Judicial Members who contribute legal expertise to
the decision-making process. These members often have a background in environmental law
and bring a judicial perspective to the cases.
 Expert Members: Expert Members, with specialized knowledge in fields such as
environmental science, biodiversity conservation, and pollution control, complement the
tribunal's composition. Their scientific insights contribute to a comprehensive understanding
of the environmental issues under consideration.
2. Term and Age Limit:
 Members of the NGT, including the Chairperson, hold office for a term of five years or until
they reach the age of sixty-five, whichever comes earlier. This provision ensures a balance
between experience and continuity within the tribunal.
 Members are not eligible for reappointment, reinforcing the commitment to maintaining fresh
perspectives and preventing potential conflicts of interest.

3. Appointment Process:
 Chairperson's Appointment: The Central Government, in consultation with the Chief Justice
of India (CJI), appoints the Chairperson. This collaborative approach ensures a selection
process that considers both legal acumen and administrative capabilities.
 Selection Committee: For the appointment of Judicial Members and Expert Members, a
Selection Committee is formed by the Central Government. This committee is responsible for
identifying and appointing individuals with the right qualifications and expertise to contribute
effectively to the NGT.

4. Number of Members:
 The NGT is designed to have a balanced representation, with a minimum of 10 and a
maximum of 20 full-time members, including both Judicial Members and Expert Members.
This provision ensures an adequate pool of expertise to handle the diverse and complex nature
of environmental cases that come before the tribunal.

Powers & Jurisdiction of the National Green Tribunal (NGT):

1. Jurisdiction:
 The NGT holds jurisdiction over all civil cases involving substantial questions related to the
environment. This encompasses a wide array of matters, including the enforcement of legal
rights related to the environment.
 The Supreme Court, in October 2021, acknowledged the NGT's unique position, endowing it
with suo motu powers. This allows the tribunal to independently address and take up
environmental issues across the entire country.

2. Adjudicatory and Preventative Role:

 The NGT's role is not solely adjudicatory but also extends to performing preventative,
ameliorative, or remedial functions. This dual role positions the tribunal as a proactive entity,
not limited to resolving disputes but actively contributing to environmental preservation and
improvement.

3. Original and Appellate Jurisdiction:

 As a statutory adjudicatory body, the NGT has original jurisdiction to hear cases upon the
filing of applications. Simultaneously, it holds appellate jurisdiction, functioning as a court
(tribunal) to hear appeals on environmental matters.

4. Procedural Independence:
  The NGT is not bound by the procedural norms of the Code of Civil Procedure 1908. Instead,
it operates guided by principles of natural justice, ensuring fairness and impartiality in its
proceedings.

5. Application of Environmental Principles:

 The tribunal, in its decisions, applies fundamental principles such as sustainable development,
the precautionary principle, and the polluter pays principle. This ensures a balanced approach
that considers both environmental conservation and developmental needs.

6. Relief and Compensation:

 The NGT, through its orders, can provide relief and compensation to victims of pollution and
other environmental damage, including incidents involving hazardous substances.
 It has the authority to order restitution of damaged property and the environment for specific
areas, as deemed fit by the tribunal.

7. Enforceability of Orders:
 Orders, decisions, and awards issued by the NGT are executable as decrees of a civil court.
This emphasizes the binding nature of the tribunal's directives.

8. Penalties for Non-Compliance:

 The NGT Act includes provisions for penalties in case of non-compliance. These penalties
may involve imprisonment for a term up to three years, a fine extending to ten crore rupees,
or a combination of both.

9. Appeal Process:
 An appeal against orders, decisions, or awards of the NGT can be lodged with the Supreme
Court. The general timeframe for filing such appeals is within ninety days from the date of
communication.

10. Laws Governed by NGT:

 The NGT deals with civil cases under seven key environmental laws, including acts such as
the Water (Prevention and Control of Pollution) Act, 1974, the Environment (Protection) Act,
1986, and the Biological Diversity Act, 2002.
 Violations of these laws or decisions taken by the government under them can be challenged
before the NGT.

Strengths of the National Green Tribunal (NGT):

1. Critical Player in Environmental Regulation:

 Over the years, the NGT has become a pivotal institution in environmental regulation. Its
proactive role is evident in the issuance of strict orders addressing a spectrum of issues,
including pollution, deforestation, and waste management.

2. Evolution of Environmental Jurisprudence:

  The NGT has facilitated the evolution of environmental jurisprudence by introducing
innovative approaches. Its establishment of an alternative dispute resolution mechanism has
paved the way for more effective and efficient resolution of environmental disputes.

3. Burden Reduction in Higher Courts:

 By providing a specialized forum for environmental cases, the NGT has contributed to the
reduction of the burden on higher courts. This ensures that environmental matters are
addressed with expertise, leaving higher courts to focus on broader legal issues.

4. Informal, Cost-Effective, and Swift Resolution:

 The NGT offers a less formal, cost-effective, and faster method for resolving environmental
disputes. This approach not only expedites the decision-making process but also makes legal
recourse more accessible to a broader spectrum of stakeholders.

5. Curbing Environment-Damaging Activities:

 The NGT plays a crucial role in curbing activities that have a detrimental impact on the
environment. Through its orders and decisions, the tribunal actively contributes to enforcing
environmental laws and regulations, fostering a culture of compliance.

6. Independence of Chairperson and Members:

 The non-eligibility for reappointment of the Chairperson and members enhances their
independence. This ensures that judgments are delivered impartially, without succumbing to
external pressures or influences.

7. Observance of Environment Impact Assessment (EIA) Process:

 The NGT has been instrumental in ensuring the strict observance of the Environment Impact
Assessment (EIA) process. This diligence contributes to the comprehensive evaluation of the
environmental consequences of developmental projects.

Challenges in the Functioning of the National Green Tribunal (NGT)

The National Green Tribunal (NGT) has been a pivotal institution in India's environmental
governance, but its effectiveness has been challenged by various factors, hindering its smooth
functioning.

1. Exclusion of Key Acts:

 The exclusion of crucial acts such as the Wildlife (Protection) Act, 1972, and the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 from
the NGT's jurisdiction limits its scope.
 This exclusion is particularly significant as issues related to forest rights are intricately linked
to environmental concerns.

2. Legal Challenges and Jurisdiction Issues:

 NGT decisions are being challenged in various High Courts under Article 226, which grants
High Courts the power to issue certain writs.
  Assertion of the superiority of High Courts over the NGT has created a legal ambiguity, as
High Courts are considered constitutional bodies while the NGT is a statutory body. This lack
of clarity affects the consistency in the application of the NGT Act.

3. Criticism on Economic Repercussions:

 Decisions made by the NGT have faced criticism and legal challenges due to their perceived
impact on economic growth and development.
 Balancing environmental conservation with economic considerations remains a contentious
issue, and decisions that prioritize environmental concerns may face opposition from those
emphasizing economic interests.

4. Compensation Determination:
 The absence of a formula-based mechanism for determining compensation in environmental
cases has been a point of criticism.
 The lack of a standardized approach can lead to inconsistency and subjectivity in the
assessment of damages and compensation, raising concerns about fairness and transparency.

5. Non-Compliance with Decisions:

 Stakeholders, including the government, have not consistently complied with NGT decisions.
 Challenges in implementing decisions within stipulated timeframes and the perceived
infeasibility of certain orders contribute to non-compliance.

6. Resource Constraints:
 Inadequate human and financial resources have led to a high pendency of cases.
 The overload of cases undermines the NGT's objective of disposing of appeals within six
months, impacting its efficiency and ability to deliver timely justice.

7. Limited Regional Benches:

 The NGT faces challenges in its justice delivery mechanism due to a limited number of
regional benches.
 This limitation hampers accessibility, delays proceedings, and may contribute to a backlog of
cases.

Important Landmark Judgements of the National Green Tribunal (NGT)

The National Green Tribunal (NGT) has played a crucial role in shaping environmental jurisprudence
in India through several landmark judgments. Here are some notable cases:
1. POSCO Steel Project (2012):
 Background: POSCO, a South Korean steelmaker, signed an MoU with the Odisha
government for a steel project.
 NGT Action: NGT suspended the order, favoring local communities and forests. This
decision was considered radical in its support for environmental conservation.
2. Almitra H. Patel vs. Union of India (2012):
 Issue: Open burning of waste on lands, including landfills.
  NGT Decision: NGT passed a judgment for the complete prohibition of open burning of
waste, marking a significant case in addressing solid waste management issues in India.
3. Uttarakhand Floods Case (2013):
 Company: Alaknanda Hydro Power Co. Ltd.
 NGT Action: Ordered the company to compensate the petitioner, relying on the principle of
'polluter pays' in the context of the Uttarakhand floods.
4. Save Mon Federation vs. Union of India (2013):
 Issue: NGT suspended a ₹6,400-crore hydro project to save the habitat of a bird.
 NGT Decision: The NGT took a conservation stance, highlighting the importance of
protecting wildlife habitats.
5. Ban on Diesel Vehicles (2015):
 NGT Order: Prohibited the plying of all diesel vehicles over 10 years old in Delhi-NCR,
addressing concerns about air pollution.
6. Nullification of EIA 2006 Amendment (December 2016):
 Context: Amendments granting local authorities’ powers to grant environmental clearance.
 NGT Action: Nullified the amendments, terming them a "ploy" by the government to
circumvent rules.
7. Cancellation of Projects in Violation of Law:
 Projects Affected: Aranmula Airport (Kerala), Lower Demwe Hydro Power Project,
Nyamnjangu (Arunachal Pradesh), mining projects in Goa, and coal mining projects in
Chhattisgarh.
 NGT Action: Cancellation or directions for fresh assessments for projects approved in
violation of environmental laws.
8. Art of Living Festival on Yamuna Flood Plain (2017):
 NGT Finding: Declared the festival as violating environmental norms.
 NGT Penalty: Imposed a penalty of Rs. 5 Crore for environmental violations.
9. Ban on Plastic Bags in Delhi (2017):
 NGT Order: Imposed an interim ban on plastic bags of less than 50-micron thickness in
Delhi due to their adverse environmental impact.

Conclusion of NGT:
The structural framework of the NGT, marked by a blend of legal and scientific expertise, represents a
concerted effort to comprehensively and efficiently address environmental challenges. The
appointment processes and term limits play a pivotal role in ensuring the tribunal's independence and
effectiveness in adjudicating cases related to environmental protection and conservation.
In summary, the NGT's strengths are deeply rooted in its active regulatory role, its contribution to the
evolution of environmental legal practices, and its success in curbing environmental offenses. The
tribunal's characteristics, including its informal and expeditious resolution processes, significantly
contribute to its effectiveness in addressing environmental challenges in India.
However, the NGT is not without its challenges. Two significant acts, the Wildlife (Protection) Act,
1972, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006, being kept out of the NGT's jurisdiction, restrict its scope, particularly in crucial forest
rights issues. Challenges also arise from legal ambiguities leading to decisions being challenged in
various High Courts, and criticism for potential economic repercussions and lack of compliance with
NGT decisions by stakeholders.
To fortify the NGT's role as a key institution in environmental governance, addressing these
challenges is imperative. Legislative clarity, augmented resources, and streamlined processes are
essential components to overcome these hurdles. The NGT's commitment, as reflected in landmark
judgments, to environmental protection, sustainable development, and law enforcement underscores
its importance in striking a balance between development and ecological preservation.
In conclusion, enhancing the NGT's effectiveness and ensuring the fulfilment of its mandate for the
expeditious and fair resolution of environmental disputes require concerted efforts. A strengthened
NGT is crucial for India's environmental governance, contributing significantly to the nation's
sustainable development journey.