Notes on National Green Tribunal, Environmental laws

Notes on National Green Tribunal, Environmental laws

1. Introduction
It is a mater of common knowledge that the higher judiciary in India is
overburdened with a large backlog of cases. The Supreme Court in a number
of cases highlighted the difficulty faced and judges in adjudicating on complex
environnmental cases and laid emphasis on the need to set up a specialised
environmental court.1,0 2,
In M.C. Mehta v. Union of India, AIR 1987 SC 985, Supreme Court
observed that environmental cases involve assessment of scientific data thus,
here is need for specialised forum so that there is appropriate adjudication of
disputes.
In Indian Council for Enviro-Legal Action v. Union of India, AIR
1996 SC 1446, the Supreme Court observed that Environmental Courts having
civil and criminal ju isdiction must be established to deal with the
avironmental issues in a speedy manner.
As a sequel to it the National Environment Tribunal Act, 1995 and the
National Environment Appellate Authority Act, 1997 were passed by Indian
Parliament. But both the Acts proved non-starter as they could not cut much
e, and there was a growing demand that some legislation must be passed to
eal with the environmental cases more efficiently and efficaciously.
Then, in A.P. Pollution Control Boardv. M.V. Nayadu, AIR 1999 SC
12, Justice Jagannath Rao, after an elaborate discussion of the views of jurist

2. of various countries, referred to the need for establishing Environmental Com
which would have the benefit of expert advice from environmental scienss
technically qualified persons, and directed the Law Commission of Inda a
look into the need of Constitution of environmental courts. Thereafter
Law Commission is its 186th Report released in September 2003, recogrse
the inadequacies of the existing appellate authorities constituted under varice
environmental laws and reviewed their position with a view to bring uniformi
in their Constitution and the
scope of their jurisdiction.
In the said report,
Law Commission, recommended for setting up of environmental courts
each State or for a group of States for exercising all powers of Civil Court a
the original jurisdiction and the appellate judicial powers against orders passet
by the concerned authorities under the Water (Prevention and Controi
Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 182
the Environment (Protection) Act, 1986, the Public Liability Insurance Aa
1991.
After six long years, the recommendations of Law Commission were givee
due recognition by Parliament when both the Houses of Parliament passe
the National Green Tribunl Bill, 2009. It received Presidential assent on 2n
June, 2010 and came into force on 18 October 2010 as "The National Greer
Tribunal Act, 2010." It started functioning from 4th June, 2011. With the
enactment of this Act, India became third nation after Australia and
Newzealand to have enacted special Courts for environmental issues.
Though the credit for enacting the NGT Act, 2010 goes to the then
Environment Minister Jairam Ramesh, it became functional only because of
repeated directions of the Supreme Court while hearing the Special Leave
Petition titled Union of Indiav, Vimal Bhai (SLP No. 12065 of 2009).
Aims and Objects of the Act
The object of the Act is:
i) to give effect to its international obligations arising out of various
decisions taken at international Conferences to which India has been
a Party; and
(ti) to implement the Indian Apex Court's pronouncement that the right
to healthy environment is a part of the right to life under Article 21 of
the Indian Constitution.
This object has been amply reflected in the preamble
of the Act which
provides that, the Act has been passed:
(i) for the effective and expeditions disposal of cases relating to
environmental protection and
(ii) conservation of forests and other natural resources including
enforcement of any legal right relating to environment and

3. (ii)
giving relief and compensation for damages to person and property and
(iv) for matters connected therewith or incidental thereto.
Scheme of the Act
The Act consists of 38 Sections divided into five chapters and three
schedules.
THE ESTABLISHIMENT AND COMPOSITION OF
THE TRIBUNAL (Section 3 & 4]
The Act empowers the Central Government to establish, by notification
with effect from such date as may be specified therein, the Green Tribunal to
exercise jurisdiction, powers and authority that may be conferred on such
Tribunal by
or under this Act. [Section 3]
The Central Government is empowered to specify, by notification, the
ordinary place or places of sitting of the Tribunal and also the territorial
jurisdiction falling under each such place of sitting. (Section 4(3)]
The Central Government
may in consultation with the Chairperson
of the
Tribunal make rules for regulating the ordinary practice and procedure
of the
Tribunal. [Section 4(4)]
The Tribunal shall consist of a full time Chairperson and not less than
ten but subject to maximum of twenty full time judicial members as the
Central Government may, from time to time, notify. The Tribunal shall1
consist of not less than ten but subject to maximum of twenty full time
expert members
as the Central Government
may, from time to time, notify.
Section 4(1)]|
The Chairperson of the Tribunal has been authorized to invite one or
more expert members who have specialized knowledge and experience to
assist the Court in a particular
case before the Tribunal. [Section 4(2)