National Green

Tribunal Act​
2010
 History
• In 1972, India became a member of the United
Nations Conference of Human Environment
which made her take steps in the safety and
enhancement of Human Environment.​
• In 1992, India participated in the Rio de Janeiro
summit and was imposed a duty to prepare a
mechanism for effective access, redressal and
remedy through judicial proceedings and
creation of a body which would perform similar
functions and given legal powers of a court​
• And that's when the National Environment
Tribunal Act of 1995 was created.
Relief,​Compensation and Restitution
• The Tribunal can provide :-​
• relief and compensation to the victims of pollution and other environmental damage arising under the
enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);​
• for restitution of property damaged;​
• for restitution of the environment for such area or areas, as the Tribunal may think fit.​
• No application for grant of any compensation or relief or restitution of property or environment under this
section shall be entertained by the Tribunal unless it is made within a period of five years from the date on
which the cause for such compensation or relief first arose: Provided that the Tribunal may, if it is satisfied that
the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be
filed within a further period not exceeding sixty days.​
• The Tribunal may, having regard to the damage to public health, property and environment, divide the
compensation or relief payable under separate heads specified in Schedule II to provide compensation or relief
to the claimants and for restitution of the damaged property or environment, as it may think fit.​
• Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application
filed to, or, as the case may be, compensation or relief received from, any other court or authority.
 Functions
• The National Green Tribunal is a body that has skill in dealing
with the debates identified with the earth which incorporates
multi-disciplinary issues also.
• The Code of Civil Procedure, 1908, does not say that the Tribunal
all things considered to be guided by natural justice standards.
• The tribunal is ordered to arrange off condition related issues
inside a six months of solving the grievance.
• The National Green Tribunal need not follow all that is given
under the Civil Procedure Code yet can control the strategy
without anyone else and applies the guideline of regular equity in
regulating equity.
• It is required to apply standards, for example, feasible
advancement at the hour of granting compensation or providing
orders.
• The National Green Tribunal isn’t limited by the principles referenced in the Indian Evidence Act. All the procedures before the
National Green Tribunal will be concurred to the procedures inside the areas of the Indian Penal Code. The tribunal is
permitted to be a civil court to settle the issues.

• If there should arise an occurrence of resistance with any course gave by the NGT or any of its decisions, a punishment can be
forced in which the individual might be given detainment for around three years or fine which may stretch out to Rs. 10 crores
or even both. In the event that somebody despite everything keeps on defying the requests given by the Tribunal, at that point
in such cases a fine of Rs. 20,000 might be forced every day. The NGT is extremely exacting with regards to the rebelliousness
of its requests.
Powers
• The act mandates enforcement of any legal right relating to
environment.​
• Powers equivalent to that of a civil court. ​
• This being a statutory authority exercises not only original
jurisdiction but also has appellate jurisdiction.​
• Hear cases related to violation of :-​
• Forest conservation act ​
• Biological diversity act ​
• Environment (protection) act ​
• Water, air (prevention, control of pollution ) act . ​
• It accounts for providing compensation and justice to all the
affected people in case of any damage.​
• It can order to party or any such person to pay compensation
and relief that has caused damaged to the environment and to
the victims by using hazardous substances.​
• It can also order for restitution of property and restitution of the
damaged environment.​
• Also, an appeal can be filed to the Supreme Court against the
order of the NGT.
Penalties​
• In case of non-compliance with any direction
issued by the NGT or any of its judgements, a
penalty can be imposed in which the person
may be given imprisonment for about three
years or fine which may extend to Rs. 10
crores or even both.​
• If someone continues to disobey the orders
given by the Tribunal then in such cases a
fine of Rs. 20,000 may be imposed on a daily
basis. The NGT is strict when it comes to the
non-compliance of its orders.​
 Summary
• National Green Tribunal was established in 2010 which was under the National green tribunal act.
• This act is related to the disposal of civil cases in relation to environmental protection and also for the
conservation of natural resources.
• There is an inclusion of legal rights and which are related to the environment.
• The National Green Tribunal Act,2010 is enacted under Article 21 of the Indian Constitution, and it
explains the right to live in a clean and healthy environment.
• An Act to provide for the establishment of a National Green Tribunal for the effective and expeditious
disposal of cases relating to environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to the environment and giving relief and
compensation for damages to persons and property and matters connected therewith or incidental thereto.
• It is justifiable that National green tribunal is of great importance when it comes to cases in relation to
board environmental problems.
• It is a tool for sharing and enhancing more substantial development of the environment.
• The great need to know about conflict includes when the matters related to water, air, land etc. has
emerged on which various judgements are to be given.
• But it is an advantage that due to national green tribunals, lawyers are encouraged to specialize in
environmental law and the tribunal is therefore considered as an important aspect to provide justice in the
matters related to the environment.
• A time is awaited when our environment will be given most importance through the medium of law
pertaining to it.