Non­compliance of orders of the green court by governments is a serious issue

Non­compliance of orders of the green court by governments is a serious issue

Subject :Environment

Section: Environment law

Concept :

• Justice Adarsh Kumar Goel, who took over as the chairperson of National Green Tribunal (NGT) in July 2018, retired on Thursday.

National Green Tribunal (NGT)

• 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 three years or till the age of sixty-five years, whichever is earlier 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 shall be formed by central government to appoint the Judicial Members and Expert Members.
• There are to be least 10 and maximum 20 full time Judicial members and Expert Members in the tribunal.

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).
• In October 2021, the Supreme Court declared the National Green Tribunal’s (NGT) position as a “unique” forum endowed with suo motu (on its own motion) powers to take up environmental issues across the country.
• As per SC, the role of the NGT is not simply adjudicatory in nature; it has to perform equally vital roles that are preventative, ameliorative or remedial in nature.
• 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.
• NGT by an order, can provide
  • relief and compensation to the victims of pollution and other environmental damage (including accident occurring while handling any hazardous substance),
  • for restitution of property damaged, and
  • for restitution of the environment for such area or areas, as the Tribunal may think fit.
  • 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:
  • Imprisonment for a term which may extend to three years,
  • Fine which may extend to ten crore rupees, and
  • Both fine and imprisonment.
• 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.