National
Green Tribunal Act, 2010 (NGT) is an Act of the Parliament of India which enables creation of a
special tribunal to handle the expeditious disposal of the cases pertaining to
environmental issues. It was enacted under India's constitutional provision of Article 21, which assures the
citizens of India the right to a healthy environment.
The National Green Tribunal was established under
Section 3 of the National Green Tribunal Act, 2010 (No. 19 of 2010 and
came into force on 18th of October 2010) for the effective and expeditious
disposal of cases relating to environmental protection and conservation of
forests and other natural resources including enforcement of any
legal right relating to environment and giving relief and compensation for
damages to persons and property and for matters connected therewith or
incidental thereto".
The
Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher
courts. The Tribunal shall not be bound by the procedure laid down under the
Code of Civil Procedure, 1908, but shall be guided by principles of natural
justice. The Tribunal is mandated to make and endeavour for disposal of
applications or appeals finally within 6 months of filing of the same. Initially,
the NGT is proposed to be set up at five places of sittings and will follow
circuit procedure for making itself more accessible; New Delhi is the Principal
Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be
the other 4 place of sitting of the Tribunal.
The Tribunal has Original
Jurisdiction on matters of “substantial question relating to environment” (i.e.
a community at large is affected, damage to public health at broader level)
& “damage to environment due to specific activity” (such as pollution). However
there is no specific method is defined in Law for determining “substantial”
damage to environment, property or public health. There is restricted access to
an individual only if damage to environment is substantial.
The powers of
tribunal related to an award are equivalent to Civil court and tribunal may
transmit any order/award to civil court have local jurisdiction.The Bill
specifies that an application for dispute related to environment can be filled
within six months only when first time dispute arose (provide tribunal can
accept application after 60 days if it is satisfied that appellant was
prevented by sufficient cause from filling the application).
Also Tribunal is competent to hear
cases for several acts such as Forest (Conservation) Act, Biological Diversity
Act, Environment (Protection) Act, Water & Air (Prevention & control of
Pollution) Acts etc. and also have appellate jurisdiction related to above acts
after establishment of Tribunal within a period of 30 days of award or order
received by aggrieved party. The Bill says that decision taken by majority of
members shall be binding and every order of Tribunal shall be final. Any person
aggrieved by an award, decision, or order of the Tribunal may appeal to the
Supreme Court within 90 days of commencement of award but Supreme Court can
entertain appeal even after 90 days if appellant satisfied SC by giving
sufficient reasons.
The
Tribunal also pulled up the Delhi government for failing to set up check posts
at nine entry and exit points of the capital, as per its directions.
The National Green Tribunal (NGT) has suggested variable
office hours for the government and private sector in Delhi to reduce vehicular
pollution during peak hours and asked the government to deliberate with
stakeholders on the suggestion.
The Tribunal also pulled up the Delhi government for failing
to set up checkposts at nine entry and exit points of the capital, as per its
directions. “Till date, we have no reply on the status,” the Tribunal said.
It also asked the Noida Authority, Ghaziabad Development
Authority and state governments of Delhi, Haryana and UP to file status reports
on its directions. The stay on the Tribunal order banning plying of
over10-year-old diesel vehicles would continue till the next date of hearing.
The NGT bench asked the Centre to adopt innovative measures
to tackle air pollution, while directing it to file a status report on the
compliance of previous directives. While asking the Centre to deliberate on the
idea of “variable working hours” with all stakeholders, the Tribunal said,
“Variable working hours could be a solution. Courts and government offices in
Delhi open at 10 am and, if we have a gap of one or two hours, this will help
in reducing vehicular emissions immensely… Even business establishments’
working hours could be regulated.”
It added that the move could potentially reduce the pressure
on autorickshaws, buses and the Metro and that the Centre could take
universities along, while observing that “if a child can go to school at 7 am,
why can’t a graduate”.
Additional Solicitor General Pinky Anand said that existing
laws were sufficient but the need was for “effective implementation” and
“long-term measures”. She added that
steps were being taken to reduce air pollution in compliance with the
Tribunal’s order.
The Tribunal also asked the Centre to submit a report about
the implementation of its previous directions and the pollution percentage, in
terms of dust, vehicles and burning of materials. It also asked the Centre to
specify its view regarding the life of a vehicle, in terms of pollution
emanating from its emissions.
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