National Green Tribunal UPSC Notes- Structure, Purpose, Scope of work

Under the National Green Tribunal Act of 2010, the National Green Tribunal (NGT) was established in 2010. It was established after the government abolished the National Environment Appellate Authority.

The National Green Tribunal Act establishes the National Green Tribunal to handle a variety of matters involving the protection and conservation of forests, the environment, and other natural resources and the enforcement of any legal right relating to the environment. It also takes inspiration from Article 21 of the Indian Constitution, which guarantees the residents of India a healthy environment.

National Green Tribunal Structure

Established on18 October 2010
Present NGT ChairmanJustice Adarsh Kumar Goel
National Green Tribunal HeadquartersNew Delhi
Is the National Green Tribunal a constitutional body?No, the NGT Act of 2010 established it as a specialised judicial body.
Is it possible to appeal the NGT’s decision?Yes, within 90 days, you can appeal it to the Supreme Court.
Term of Appointment5 Years
  • The Tribunal comprises the Chairperson, Judicial Members, and Expert Members. They serve a five-year term and are not eligible for re-appointment.
  • The Central Government appoints the Chairperson in consultation with the Chief Justice of India (CJI).
  • The Central Government will appoint a Selection Committee to appoint the Judicial and Expert Members.
  • The Tribunal must have at least 10 and no more than 20 full-time judicial and expert members.

What Is The Purpose Of The National Green Tribunal (NGT)?

The National Green Tribunal is a specialised body established under the National Green Tribunal Act (2010) to deal with matters connected to environmental preservation and the conservation of forests and other natural resources in a timely and effective manner.

India became the third country in the world, after Australia and New Zealand, to establish a specialised environmental tribunal and the first developing country to do so with the founding of the NGT.

The NGT must decide petitions or appeals within six months of their submission.

The NGT offers five different places where you can sit: The most important place is New Delhi, which is followed by Bhopal, Pune, Kolkata, and Chennai.

Scope Of Work

The National Green Tribunal (NGT) deals with civil cases under the following:

  • The Water (Prevention and Control of Pollution) Cess Act, 1977
  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Environment (Protection) Act, 1986
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Public Liability Insurance Act, 1991
  • The Forest (Conservation) Act, 1980 and
  • The Biological Diversity Act, 2002.

The Advantages Of Establishing The NGT

  • The quality of time spent on these issues might also be improved since, unlike the Supreme Court, the Tribunal could have benches across the country, allowing all residents access.
  • The NGT ensures the enforcement of any environmental legal right and provides relief and compensation for damages to people and property, as well as matters related to or incidental to those rights.
  • Before making a decision, the NGT considers legal and scientific methodologies and environmental impact assessment reports.
  • Judges and environmental experts work for the NGT. As a result, it is a specialised organisation with the required expertise to address multi-disciplinary environmental conflicts.
  • The Tribunal is required to make every effort to resolve petitions or appeals within six months of their submission.

The National Green Tribunal’s (NGT) Goals 

The National Green Tribunal’s (NGT) key goals include the following:

  • Cases involving the protection and conservation of the environment, forests, and other natural resources should be handled efficiently and effectively.
  • To provide relief and compensation for any harm done to people or property.
  • To resolve a variety of environmental challenges involving multiple disciplines.

Who Has The Right To Bring A Matter Before The NGT?

The National Green Tribunal can hear the complaints of the following persons.

  • The one who has been injured, the property owner that has been harmed. Any agent duly authorised by the property’s owner or by such a person.
  • The legal representatives of the deceased might apply to the Tribunal in circumstances where environmental hazards have resulted in death.
  • The state government, the federal government, the state pollution board, and environmental agencies, among others, can apply with the Tribunal.
  • Any party who has been harmed must apply with the court within six months of the date of the cause of action. If there is adequate cause before the court, this can be extended to 60 days.
  • If a person is not happy with the NGT’s decision, they can file an appeal with the Supreme Court within six months.

Conclusion

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FAQs

What is the distinction between a Tribunal and a Court?

“Every Court may be a tribunal, but every tribunal must not be a court,” the Supreme Court said in response to this question. For example, a High Court, where a PIL would be filed, may have broad jurisdiction over all passed laws (including the power of contempt). In contrast, the NGT has only been given authority over the seven environmental laws.

We’re attempting to defend a National Park/Sanctuary from various threats, including a proposed dam and highway widening. Should we make contact with the NGT?

No, the NGT is not authorised to hear cases involving concerns covered by the Wildlife (Protection) Act of 1972, which applies to National Parks, Sanctuaries, and Tiger Reserves. Going to either your state’s high court or the Supreme Court would be appropriate. Please seek legal guidance from a qualified attorney.

What are the consequences of failing to comply with an NGT Order?

If a project proponent or any authority fails to follow the directions in an NGT order, the penalty could be three years in prison or a fine of up to ten crores, or both. The Tribunal will impose a punishment of Rs 25,000 per day if the failure continues.


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