NATIONAL GREEN TRIBUNAL

NATIONAL GREEN TRIBUNAL

Subject: Environment

Context: The National Green Tribunal (NGT) has asked the Union environment ministry to re-examine environmental clearance (EC) given to the Delhi Agricultural Marketing Board for developing a ‘Modern Poultry and Egg Market’ at Ghazipur.

Concept:

• It is a specialized 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 specialized 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.

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)

Powers & Jurisdiction

• The Tribunal has jurisdiction over all civil cases involving substantial question relating to environment. 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’.

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.
• Two important acts – Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been kept out of NGT’s jurisdiction.