NGT

Subject: Polity

Context: NGT has formed a joint panel to evaluate the integrated storm water basin at kovalam river basin.

Concept:

• It is a specialised body set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.
• With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
• NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
• The NGT has five places of sittings, New Delhi is the Principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.

Structure of NGT

• The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members. They shall hold office for term of five years and are not eligible for reappointment.
• The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI). A selection committee would be formed for this purpose.

Powers & Jurisdiction

• The Tribunal has jurisdiction over all civil cases involving substantial question relating to environment (including enforcement of any legal right relating to environment).
• Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
• The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of ‘natural justice’.
• While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
• An order/decision/award of Tribunal is executable as a decree of a civil court.
• The NGT Act also provides a procedure for a penalty for non compliance.
• An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.
• The NGT deals with civil cases under the seven laws related to the environment, these include:
• 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 and
• The Biological Diversity Act, 2002.
• Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT.