Establishment and Objectives of the National Green Tribunal (NGT)**

Purpose of the Act

The National Green Tribunal Act, 2010 (NGT Act, 2010) is a specialized legislation enacted by the Parliament of India to address environmental disputes and provide faster and more effective justice in environmental matters. Before the NGT, environmental cases were handled by regular civil courts and High Courts, which often lacked the necessary expertise and faced delays due to large backlogs.

The establishment of the NGT was a response to the need for a dedicated environmental court, a concept that had been discussed in India for a long time and was recommended by various committees and international environmental conferences.

To provide for the establishment of a National Green Tribunal

The most direct purpose of the National Green Tribunal Act, 2010, is the establishment of a National Green Tribunal. This is explicitly stated in the long title and the preamble of the Act. Section 3 of the Act mandates the Central Government to establish a tribunal to be known as the National Green Tribunal.

The NGT was established on October 18, 2010, as a statutory body. It has a Principal Bench in Bhopal and circuit benches in other parts of the country to ensure wider access to environmental justice. Unlike a regular court, the NGT is designed to be a multi-disciplinary body comprising both judicial members and expert members with specialized knowledge in environmental science, policy, and related fields.

The establishment of the NGT signifies the recognition by the Indian legislature of the need for a specialized environmental court that can handle complex environmental cases efficiently and effectively, taking into account both legal principles and scientific/technical aspects of environmental issues.

For effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources

Beyond its establishment, the core functional objective of the NGT, as highlighted in the Act's preamble and Section 14, is to provide for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.

Key aspects of this objective:

Effective Disposal: This implies that the NGT is expected to deliver high-quality decisions that are legally sound and technically informed. The presence of expert members alongside judicial members is intended to ensure that environmental cases, which often involve complex scientific and technical evidence, are properly understood and adjudicated.
Expeditious Disposal: A major concern with environmental litigation in traditional courts was the significant delays. The NGT Act mandates specific timelines for the disposal of cases. Section 18(3) of the Act requires the NGT to endeavour to dispose of applications and appeals preferably within six months from the date of filing. This focus on speedy resolution is crucial because environmental harm can be ongoing and irreversible, requiring timely intervention.
Scope of Cases: The Act specifies the types of cases the NGT has jurisdiction over. These include cases related to environmental protection and the conservation of forests and other natural resources. Section 14 outlines the NGT's civil jurisdiction, allowing it to hear disputes where a substantial question relating to the environment (including enforcement of any legal right relating to the environment) arises and such question arises out of the implementation of the enactments listed in Schedule I of the Act (explained in Section I3 below).

By establishing a specialized tribunal with expert knowledge and a mandate for swift resolution, the NGT Act aims to ensure that environmental laws are effectively enforced, environmental damage is prevented or remedied, and those affected by environmental harm can get timely access to justice.

Constitution of NGT

The National Green Tribunal is a specialized judicial body, and its composition is designed to reflect the need for both legal expertise and environmental knowledge to effectively handle environmental cases.

Chairperson, Judicial Members, Expert Members

Section 4 of the National Green Tribunal Act, 2010, outlines the composition of the Tribunal:

The Tribunal consists of:

A Chairperson: The Chairperson is the head of the Tribunal. As per Section 5, a person is qualified to be appointed as the Chairperson if he is a Judge of the Supreme Court or the Chief Justice of a High Court. The appointment is made by the Central Government in consultation with the Chief Justice of India. The Chairperson presides over the Principal Bench and has administrative control over the Tribunal.
Judicial Members: The Tribunal also has Judicial Members. As per Section 5, a person is qualified to be appointed as a Judicial Member if he is a Judge of a High Court. The appointment is made by the Central Government in consultation with the Chief Justice of India. Judicial Members handle the legal aspects of the cases and sit in benches along with Expert Members.
Expert Members: A unique feature of the NGT is the inclusion of Expert Members. As per Section 5, a person is qualified to be appointed as an Expert Member if he has a Master's degree or Doctorate degree in science (including physical sciences, chemical sciences, biological sciences, earth sciences, environmental science), engineering or technology or law or management or public administration and has fifteen years experience in the relevant field, including practical experience in the field of environment and forests in Government or in a reputed National or International organization dealing with environment and forests or a retired administrative officer not below the rank of Additional Secretary to the Government of India with minimum five years experience in dealing with environmental matters. Expert Members provide the scientific and technical input necessary to understand the environmental aspects of the cases before the Tribunal.

The total number of Judicial Members and Expert Members is not less than ten and subject to a maximum of twenty each (Section 4(2)). The benches of the NGT, which hear the cases, are constituted by the Chairperson and typically comprise at least one Judicial Member and one Expert Member (Section 4(4)). This multi-disciplinary composition is intended to ensure that the NGT's decisions are not only legally sound but also scientifically and technically accurate, leading to more effective environmental justice.

Powers and Functions of NGT

The National Green Tribunal is vested with significant powers and functions to effectively discharge its mandate of providing environmental justice. Its jurisdiction is specific, covering civil matters related to the environment based on certain key statutes.

Jurisdiction to hear all civil cases relating to environmental protection**

The NGT has jurisdiction over all civil cases where a "substantial question relating to the environment" arises. This is the primary basis of its original jurisdiction, outlined in Section 14(1) of the Act.

A "substantial question relating to the environment" is defined in Section 2(m) of the Act. It includes matters related to environmental pollution, discharge of environmental pollutants, handling of hazardous substances, protection of the environment, conservation of forests and other natural resources, and prevention of environmental degradation. Crucially, this question must arise out of the implementation of the enactments specified in Schedule I of the Act.

The enactments listed in Schedule I of the NGT Act, 2010, are the foundational environmental laws in India. The NGT has jurisdiction over civil cases concerning the implementation of:

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

This means that if a civil dispute involves a substantial question about the implementation of any of these seven Acts or the rules/notifications issued under them, the NGT has the jurisdiction to hear that case. Examples include cases challenging environmental clearances, consents to operate, permits under coastal regulations, or cases seeking compensation for environmental damage caused by violations of these laws. The jurisdiction is exclusive for such matters; civil courts cannot entertain cases that fall within the NGT's purview.

However, the NGT does not have jurisdiction over cases falling under the Wildlife (Protection) Act, 1972, or the Indian Forest Act, 1927, as these are not listed in Schedule I. Cases under these laws still go to the regular courts.

Appeals from orders under other environmental statutes**

Apart from its original civil jurisdiction, the NGT also has significant appellate jurisdiction. Section 16 of the Act allows the NGT to hear appeals against certain orders, decisions, or directions issued by various authorities under the enactments listed in Schedule I.

This provides an avenue for challenging administrative decisions made under the key environmental laws. Appeals can be filed with the NGT against orders, decisions, or directions issued by:

The Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974.
The Appellate Authority under the Air (Prevention and Control of Pollution) Act, 1981.
The Central Government or any other authority under the Environment (Protection) Act, 1986, particularly orders granting or rejecting Environmental Clearance, Coastal Regulation Zone clearances, etc.
The National Biodiversity Authority or State Biodiversity Boards under the Biological Diversity Act, 2002.

The period of limitation for filing an appeal before the NGT is generally 30 days from the date of communication of the order/decision, extendable by another 60 days if the Tribunal is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the initial period. The NGT's appellate jurisdiction ensures that administrative decisions under environmental laws are subject to scrutiny by a specialised tribunal, enhancing accountability and promoting compliance.

Powers of a Civil Court (summoning witnesses, discovery, receiving evidence)**

While the NGT is a specialized tribunal, it possesses certain procedural powers akin to those of a civil court to conduct its proceedings effectively. Section 19(4) of the Act vests in the Tribunal the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters:

Summoning and enforcing the attendance of any person and examining him on oath. This allows the NGT to compel the presence of witnesses or parties and record their sworn testimony.
Requiring the discovery and production of documents. The Tribunal can order parties or relevant entities to disclose and produce documents relevant to the case.
Receiving evidence on affidavits. The NGT can accept evidence presented in the form of sworn written statements (affidavits), which can expedite the process.
Requisitioning any public record or document or copy of such record or document from any office. The Tribunal can summon official records from government departments or other public offices.
Issuing commissions for the examination of witnesses or documents. This allows the NGT to delegate the task of examining witnesses or documents to a nominated person or body.
Reviewing its decisions. The Tribunal has the power to review its own orders.
Any other matter which may be prescribed.

These powers enable the NGT to gather necessary information, take evidence, and manage its proceedings efficiently, ensuring that cases are decided based on a comprehensive understanding of the facts and relevant laws.

Power to pass interim orders**

Given that environmental damage can be irreparable, the ability of the NGT to pass immediate orders to prevent or halt ongoing harm is crucial. Section 19(4)(e) read with Section 15 of the Act empowers the Tribunal to issue interim orders.

Section 15 specifically deals with the NGT's power to grant relief, compensation, and restitution. Section 15(1)(c) allows the NGT to direct the restitution of property damaged or the restoration of the environment damaged.

Furthermore, the inherent powers of a Tribunal established by law generally include the power to pass such interim orders as are necessary to secure the ends of justice or prevent abuse of the process of the Tribunal. The NGT frequently exercises this power to issue interim directions, such as:

Staying activities that are causing environmental pollution (e.g., halting construction, stopping industrial operations).
Directing authorities to take specific immediate measures to control pollution (e.g., ensuring operation of pollution control devices, preventing illegal waste dumping).
Ordering preliminary investigations or studies to assess the extent of environmental damage.
Restraining parties from altering the state of a polluted site.

These interim orders are vital for preventing escalating environmental harm while the main case is being heard and decided. They reflect the proactive role the NGT can play in environmental protection.

Power to award compensation and relief**

A key function of the NGT is to provide remedies to victims of environmental harm and to order measures for environmental restoration. Section 15 of the Act comprehensively covers the Tribunal's power to grant relief, compensation, and restitution.

Section 15(1) states that the Tribunal may, by order, provide:

Relief and Compensation: Relief and compensation to victims of pollution and other environmental damage. This can include compensation for loss of life, personal injury, loss of property, and other economic losses resulting from environmental damage.
Restitution of Property: Restitution of property damaged.
Restoration of the Environment: For restitution of the environment for such area as the Tribunal may think fit. This is a very significant power, allowing the NGT to direct responsible parties to undertake measures to clean up pollution, reforest degraded areas, restore damaged ecosystems, and take other steps to repair environmental harm.

The NGT can award compensation under Section 15(1)(a) based on the principle of "polluter pays", which is enshrined in Section 20 of the Act. This principle holds that the costs of preventing and controlling pollution and of cleaning up environmental damage should be borne by those who cause the pollution. Section 15(3) lays down the factors the NGT shall take into account while making an award, including the extent of the injury or damage, the cost of restoration, loss of profits, and the relationship of the award to the paid-up capital of the industry causing the damage (linking back to principles seen in the Public Liability Insurance Act and the Absolute Liability doctrine).

Applications for compensation or relief can be filed within a period of five years from the date on which the cause for such relief first arose, but the NGT may entertain applications beyond this period if the applicant was prevented by sufficient cause (Section 15(3)).

This power to award compensation, direct restitution of damaged property, and order the restoration of the environment makes the NGT a powerful body for providing effective remedies for environmental harm and enforcing accountability on polluters.

Procedure and Appeals**

Procedure before the Tribunal

The procedure followed by the National Green Tribunal (NGT) is designed to be less formal than that of traditional civil courts, while still ensuring fairness and adherence to legal principles. This flexibility is intended to facilitate the speedy and effective disposal of complex environmental cases.

Less formal than civil courts

The National Green Tribunal Act, 2010, explicitly provides the NGT with flexibility in determining its own procedure. Section 19(1) of the Act states:

"The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice."

This is a significant departure from civil courts, which are strictly bound by the detailed procedural rules of the Code of Civil Procedure (CPC). The NGT is free to adopt a procedure that it deems appropriate for the specific case before it, as long as it aligns with the principles of natural justice.

Furthermore, Section 19(3) states that the Tribunal shall have the power to regulate its own procedure including the place at which it will have its sittings and shall also have the powers to deal with and decide any application or, as the case may be, appeal, as expeditiously as possible. Section 19(3) also clarifies that the NGT is not bound by the rules of evidence contained in the Indian Evidence Act, 1872.

This means the NGT can accept various forms of evidence, including expert reports, scientific data, and photographs, without being constrained by the strict rules of admissibility applicable in traditional courts. This is particularly important in environmental cases where scientific and technical evidence plays a crucial role.

The less formal procedure allows the NGT to focus on the substantive environmental issues and facilitates quicker presentation and evaluation of evidence by both judicial and expert members.

Adherence to principles of natural justice

While the NGT is not bound by the technical procedural rules of the CPC or the Evidence Act, Section 19(1) clearly mandates that it must be guided by the principles of natural justice. These principles are fundamental to ensuring fairness and impartiality in any quasi-judicial or judicial process.

The core principles of natural justice include:

Audi alteram partem (Hear the other side): This requires that every party to a dispute must be given a fair opportunity to be heard, to present their case, and to respond to the arguments and evidence presented by the opposing side. This includes sufficient notice of the proceedings and access to relevant information.
Nemo judex in causa sua (No one should be a judge in his own cause / Rule against bias): This principle requires that the adjudicating authority must be impartial and free from any bias, whether personal, pecuniary, or official, towards any party or the outcome of the case.

In practice, being guided by these principles means that the NGT must:

Issue proper notices to all affected parties.
Allow parties to file their pleadings (applications, replies, rejoinders).
Provide opportunities for presenting evidence (including affidavits and cross-examination where necessary).
Hear arguments from all sides.
Base its decisions on the material placed before it and provide reasoned orders.

Although the procedure is flexible, the adherence to natural justice ensures that the process is fair, transparent, and provides all parties with an adequate opportunity to put forward their case, thereby upholding the principles of fairness in adjudication.

Appeals against NGT Orders

Like other judicial or quasi-judicial bodies, the decisions of the National Green Tribunal are subject to appeal. This provides a mechanism for higher courts to review the NGT's orders and ensure their legality and correctness.

To the Supreme Court

The National Green Tribunal Act, 2010, specifies the appellate forum for challenging the orders of the NGT. Section 22 of the Act states:

"Any person aggrieved by any order or decision of the Tribunal may file an appeal to the Supreme Court, within a period of ninety days from the date of communication of the order or decision of the Tribunal to him:..."

This provision makes it clear that the Supreme Court of India is the designated appellate authority for challenging any order or decision made by the National Green Tribunal. This directly places the NGT's decisions under the purview of the highest court in the country.

Key aspects of the Appeal provision:

Who can Appeal: Any person who is "aggrieved" by an order or decision of the NGT can file an appeal. This includes parties to the original NGT proceeding and potentially others significantly affected by the order.
Time Limit: The appeal must be filed within ninety days from the date the order or decision of the NGT is communicated to the aggrieved person.
Condonation of Delay: The proviso to Section 22 allows the Supreme Court to entertain an appeal even after the expiry of the initial ninety days, but within a further period not exceeding sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
Scope of Appeal: Appeals to the Supreme Court from the NGT can be on questions of law and fact.

This appellate mechanism ensures a system of checks and balances, allowing the Supreme Court to review the legality, fairness, and correctness of the NGT's decisions, including its interpretation of environmental laws, application of legal principles (like polluter pays, precautionary principle), and evaluation of evidence.

It is important to note that the NGT's orders are final and binding unless challenged in the Supreme Court within the prescribed time limit.

Harmonious relationship between NGT and other Courts

The establishment of the National Green Tribunal has defined a specific space for environmental adjudication within the Indian judicial system. While the NGT is a specialized tribunal, its relationship with regular civil courts, High Courts, and the Supreme Court is designed to be complementary and harmonious, although practical challenges and overlaps can sometimes arise.

The relationship is shaped by the following:

Exclusive Jurisdiction of NGT (Section 15(5)): For civil cases involving a substantial question relating to the environment arising out of the implementation of the seven scheduled enactments (Water Act, Air Act, EP Act, etc.), the NGT has exclusive original civil jurisdiction. Section 15(5) states, "The National Green Tribunal shall have original jurisdiction over all civil cases where a substantial question relating to environment... arises and such question arises out of the implementation of the enactments specified in Schedule I. Provided that such jurisdiction shall not be exercised by the Tribunal in a matter where the issue is sub-judice before the High Court or the Supreme Court." This effectively ousts the jurisdiction of regular civil courts for such specific environmental disputes covered under Schedule I.
Writ Jurisdiction of High Courts (Article 226/227): The establishment of the NGT does not divest the High Courts of their constitutional powers under Article 226 (power to issue writs) and Article 227 (power of superintendence over tribunals). Litigants can still approach High Courts under their writ jurisdiction, even in environmental matters. However, the Supreme Court and various High Courts have generally taken a view that in cases where a statutory alternative remedy is available before a specialized tribunal like the NGT (especially for matters falling squarely within its Schedule I jurisdiction), petitioners should ordinarily be directed to approach the NGT first, respecting the tribunal's expertise and the legislative intent behind its creation.
Supervisory and Appellate Jurisdiction of Supreme Court (Article 136, 142, Section 22): The Supreme Court retains ultimate authority over the NGT. As discussed, appeals against NGT orders lie directly to the Supreme Court under Section 22. Furthermore, the Supreme Court's power to grant special leave to appeal under Article 136 of the Constitution allows it to hear appeals against any order from any tribunal in the country, providing another route for challenging NGT decisions. The Supreme Court's power under Article 142 to pass necessary orders also gives it broad authority to intervene in environmental matters, including those dealt with by the NGT.

The intended harmonious relationship means:

NGT handles the bulk of civil cases and appeals arising directly from the implementation of core environmental laws, leveraging its specialization for faster and more informed decisions.
High Courts exercise restraint and generally direct litigants to the NGT when appropriate, focusing their writ jurisdiction on broader constitutional issues or matters not covered by Schedule I.
The Supreme Court acts as the final appellate authority, ensuring consistency in the interpretation of environmental laws and upholding constitutional principles.

While there can be jurisdictional questions and sometimes conflicting orders, the judiciary has largely worked towards ensuring that the NGT functions effectively as a specialized forum, complementing the roles of the higher courts in the pursuit of environmental protection and justice.