Meta Description: The National Green Tribunal (NGT) was formed on October 18, 2010, as a specialist authority for resolving any environmental disputes, including several disciplinary concerns. It was created by dissolving the National Environment Appellate Authority. It also finds inspiration in Article 21 of the Indian Constitution, which guarantees that its residents will live in a healthy environment.
The National Green Tribunal (NGT) was established by the NGT Act of 2010 as a specialized organization for the effective and prompt resolution of disputes involving the preservation and protection of the environment, forests, and other natural resources. In 2007, India became the first developing nation to establish a specialist environmental tribunal, moving up in the international rankings from New Zealand and Australia. The National Green Tribunal has five locations where it meets, including Bhopal, Pune, New Delhi, Kolkata, and Chennai, with New Delhi serving as its principal location.
Objectives of the National Green Tribunal
The National Green Tribunal’s (NGT) main goals include the following:
- Cases involving the preservation and protection of the environment, forests, and other natural resources should be handled effectively and quickly.
- To provide assistance and recompense for any harm done to people or property.
- to manage a variety of multidisciplinary environmental conflicts.
Structure of NGT
The National Green Tribunal (NGT) is made up of three main organizations, namely:
- The Chairperson
- The judicial members, and
- The expert members.
- All of these members must serve a five-year term and are not eligible for reappointment.
- Additionally, the NGT will include a minimum of 10 and a maximum of 20 full-time members who are both judges and experts. The appointment of the NGT members is in accordance with the Indian central government’s establishment of a Selection Committee for the recruitment of Judicial Members and Expert Members.
Appointment of NGT Chairman
According to the Chief Justice of India, the National Green Tribunal’s (NGT) Chairperson is chosen by the Indian central government.
Provisions under the Act
The Act consists of 38 sections in 5 chapters. Thus, the following are the provisions under the act:
| Provisions | Chapters | Description |
| Section 1-Section 3 | I | Preliminary |
| Section 3-Section 13 | II | Establishment of the tribunal |
| Section 14-Section 25 | III | Jurisdiction, powers, and proceedings of the tribunal |
| Section 26-Section 28 | IV | Penalty |
| Section 29-Section 38 | V | Miscellaneous |
Composition of the Tribunal
The following individuals make up the tribunal as required by Section 4 of the Act:
- A full-time chair who meets the criteria for eligibility set out in the National Green Tribunal Bill, 2009.
- ten to twelve full-time judges, or as announced by the central government.
- The tribunal’s chairperson has the authority to request the aid of a specialist with a specific set of skills.
- The territorial jurisdiction that falls under a certain site of sitting may be announced by the federal government.
- Rules and regulations about the Tribunal may be made by the central government after consultation with the Chairperson.
Jurisdiction of the Tribunal
The tribunal has authority over the following under section 14 of the law:
- The tribunal has jurisdiction over civil cases that are in line with environmental-related issues.
- The tribunal will be involved in any disputes involving the subject matter stated above.
- The application should only be submitted within six months of the case’s cause being established.
Powers of NGT
The National Green Tribunal (NGT) has emerged in recent years as a significant institution for environmental control and issuing stern decisions on matters about pollution, deforestation, waste management, etc. The following are only a few of the National Green Tribunal’s key powers:
- Through the creation of an alternate conflict resolution system, NGT offers a path for the advancement of environmental law.
- It assists in easing the burden of environmental litigation in the higher courts.
- For a variety of environmental conflicts, NGT offers a quicker, less formal, and more affordable alternative.
- It reduces actions that harm the environment. NGT guarantees the Environment Impact Assessment (EIA) process is strictly adhered to.
- For any harm done to people or property, NGT offers relief and compensation.
- Under the following seven environmental laws, the National Green Tribunal adjudicates numerous civil disputes:
- Air Act (Prevention and Control of Pollution), 1981
- The Environment (Protection) Act, 1986
- Public Liability Insurance Act, 1991
- Biological Diversity Act, 1974
- Water Act (Prevention and Control of Pollution), 1977
- Forest Act (Conservation), 1980
- The Air Act (Prevention and Control of Pollution), 1974
- The Water Cess Act (Prevention and Control of Pollution), 1981
Conclusion
The Central Government of India made a remarkable move when it established the National Green Tribunal (NGT). It is understandable that the National Green Tribunal is crucial in instances involving major environmental issues. It is a tool for exchanging information and promoting more significant environmental development. When issues relating to water, air, land, etc. have arisen on which varied judgments must be rendered, there is a tremendous need to understand conflict.
Frequently Asked Questions
1. Who is the present chairman of the National Green Tribunal?
The Honourable Justice Adarsh Kumar Goel is the present chairperson of the National Green Tribunal (NGT).
2. Is the National Green Tribunal a constitutional body?
The National Green Tribunal is a statutory body established by a Government Notification using the powers of Section 3 of the NGT Act 2010.
3. How many national green tribunals are there in India?
The NGT has five places for sitting. New Delhi is the principal place of sitting, and Chennai, Kolkata, Pune, and Bhopal are the other four.
4. Whether the National Green Tribunal (NGT) order is binding?
The decision of the NGT is binding on the parties unless they approach the Supreme Court in appeal and the NGT’s order is either stayed or reversed.
5. Which act was repealed by the National Green Tribunal Act 2010?
The National Environment Tribunal Act, 1995, and the National Environment Appellate Authority Act, 1997 are hereby repealed.
Reference
- The National Green Tribunal Act, 2010, https://greentribunal.gov.in/sites/default/files/act_rules/National_Green_Tribunal_Act,_2010.pdf
- The National Green Tribunal Act, 2010, https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004032250572537varun_National_Green_Tribunal_Act_2010.pdf