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NGT

  • July 29, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Subject: Environment

Context:

The National Green Tribunal (NGT) has ordered Oil India Limited (OIL) to deposit ₹25 crore with the administration of eastern Assam’s Tinsukia district for environmental damage due to the fire in Baghjan well.

Concept:

The well is close to the Maguri-Motapung wetland, which is within the eco-sensitive zone of the fragile Dibru-Saikhowa National Park.

NGT

  • 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 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.
  • 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.
Environment NGT

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