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NGT

  • October 29, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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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.
NGT Polity
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