National Green Tribunal (NGT)
🌱 National Green Tribunal (NGT)
I. 📜 Introduction
The National Green Tribunal (NGT) is a specialized judicial body in India established for effective and expeditious disposal of cases relating to environmental protection, forest conservation, and natural resource preservation.
It plays a quasi-judicial role and is a key mechanism for enforcing environmental laws and principles like sustainable development, polluter pays, and precautionary principle.
II. ⚖️ Constitutional and Statutory Basis
A. Constitutional Support
Article 21: Right to life includes the right to a healthy and clean environment.
Articles 48A & 51A(g): Directive Principles and Fundamental Duties encourage environmental protection.
B. Statutory Basis
National Green Tribunal Act, 2010
Passed to provide a specialized environmental court.
Came into force on 18 October 2010.
Based on recommendations of the Law Commission and commitments under Rio Declaration, 1992 (Principle 10: Access to justice in environmental matters).
III. 🏛️ Structure and Composition
| Position | Details |
|---|---|
| Chairperson | Retired Judge of the Supreme Court |
| Judicial Members | Retired Judges of High Courts |
| Expert Members | Environmental scientists, technical experts |
| Benches | Principal Bench (New Delhi), and regional benches in Pune, Bhopal, Kolkata, and Chennai |
IV. 📘 Jurisdiction and Powers
1. Subject Matter Jurisdiction
NGT has jurisdiction over civil cases under seven environmental laws, including:
The Water (Prevention and Control of Pollution) Act, 1974
The Air (Prevention and Control of Pollution) Act, 1981
The Environment (Protection) Act, 1986
The Public Liability Insurance Act, 1991
The Forest (Conservation) Act, 1980
The Biological Diversity Act, 2002
2. Appellate Jurisdiction
Appeals from orders of environmental regulatory authorities (e.g., Pollution Control Boards).
3. Relief and Compensation
Power to award relief, compensation, and restitution of damaged environment.
4. No Bar on Civil Courts
Civil courts have no jurisdiction in matters where NGT has jurisdiction (Section 29, NGT Act).
5. Principles Applied
Polluter Pays
Precautionary Principle
Sustainable Development
V. 📚 Landmark Case Laws (More than 5)
Here are seven significant cases where NGT has played a transformative role in environmental governance:
1. Almitra H. Patel v. Union of India (2012)
Issue: Solid waste mismanagement across India.
Held:
NGT issued binding directions to municipalities and state governments for proper waste management.
Emphasized segregation at source, scientific disposal, and public participation.
Significance:
One of the first comprehensive directives on urban solid waste, later influencing the Solid Waste Management Rules, 2016.
2. M.C. Mehta v. Union of India – Ganga Pollution Case
Transferred to NGT (2014)
Issue: Industrial pollution in the Ganga River.
Held:
NGT prohibited industries from discharging effluents into the river without treatment.
Imposed compensation on polluting industries.
Banned certain activities near the riverbanks.
Significance:
Strengthened enforcement of Water Act, 1974.
Ensured zero liquid discharge policy in many industrial clusters.
3. Sterlite Industries (Vedanta) Case – Tamil Nadu (2013–2018)
Issue: Allegations of air and groundwater pollution by a copper smelting plant in Tuticorin.
Held:
NGT initially allowed reopening under conditions, but Supreme Court upheld closure due to environmental violations and public safety.
Significance:
Landmark case on industrial accountability, citizen protests, and environmental justice.
Demonstrated how NGT orders are subject to Supreme Court review, yet play a pivotal role.
4. Save Mon Region Federation v. Union of India (2017)
Issue: Environmental clearance for a 780 MW hydroelectric project in Arunachal Pradesh.
Held:
NGT quashed the Environmental Clearance (EC) due to lack of proper impact assessment, especially for wildlife and tribal communities.
Significance:
Reinforced the requirement of free, prior and informed consent (FPIC).
Ensured that tribal rights and biodiversity are respected.
5. Krantikari Manuwadi Morcha v. Union of India (2016)
Issue: Ban on diesel vehicles over 10 years old in Delhi-NCR due to air pollution.
Held:
NGT ordered a blanket ban on such vehicles in Delhi-NCR.
Directed de-registration of old diesel vehicles and emphasized public transport.
Significance:
Pushed policies for cleaner air and vehicle emissions control.
Influenced formulation of BS-VI fuel norms and promotion of electric vehicles.
6. Paryavaran Suraksha Samiti v. Union of India (2017)
Issue: Failure of industries to set up Effluent Treatment Plants (ETPs) and Common Effluent Treatment Plants (CETPs).
Held:
NGT ordered closure of non-compliant industries.
Directed regulatory authorities to ensure ETPs are functional before granting consent.
Significance:
Enforced strict compliance with the Water Act, 1974.
Made environmental clearances conditional on pollution control systems.
7. Vizag Gas Leak Case (2020) – LG Polymers India Pvt. Ltd.
Issue: Gas leak from a chemical plant killed 12 people and injured hundreds.
Held:
NGT took suo motu cognizance.
Imposed an interim penalty of ₹50 crores on the company.
Ordered investigation into safety protocols and environmental compliance.
Significance:
Asserted NGT’s power to act proactively and impose strict penalties.
Emphasized corporate responsibility and industrial safety.
VI. 🌍 Contribution of NGT to Environmental Jurisprudence
| Contribution | Description |
|---|---|
| Speedy Justice | Time-bound disposal of cases (ideally within 6 months) |
| Specialised Tribunal | Judges and experts combine legal and technical expertise |
| Access to Justice | Allows affected persons to directly approach for environmental violations |
| Environmental Principles Applied | Incorporates international environmental law into domestic decisions |
| Restorative Justice | Orders remediation and restoration of environmental damage |
| Precautionary Approach | Prevents harm even in cases of scientific uncertainty |
VII. 👁️ Limitations and Criticisms
Despite its achievements, the NGT has faced certain criticisms:
Limited resources and manpower
No independent enforcement mechanism
Challenges to its jurisdiction and powers (especially after the Madras High Court judgment questioning the exclusive jurisdiction)
Delays in compliance with orders
Reluctance of State authorities to act on its directions
VIII. 🏁 Conclusion
The National Green Tribunal represents a significant step in India's environmental legal system. By combining judicial rigor with scientific expertise, it serves as a dedicated guardian of environmental rights and natural justice. Through its landmark decisions and proactive stance, NGT has become a cornerstone of environmental governance in India.
Despite some limitations, it continues to strengthen the implementation of environmental laws, hold violators accountable, and empower citizens to fight for environmental protection.
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