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National Green Tribunal: Recent Landmark Decision

The National Green Tribunal was established in 2010 to expedite cases related to environmental protection and conservation. Some of its notable judgments include cancelling clearance for coal mining in forest land in Chhattisgarh in 2014, banning decade-old diesel vehicles in Delhi in 2015 to reduce air pollution, and prohibiting minor mineral mining without environmental clearance. The Tribunal aims to provide faster environmental justice and reduce litigation burden in higher courts.

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Gourab Ray
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66 views

National Green Tribunal: Recent Landmark Decision

The National Green Tribunal was established in 2010 to expedite cases related to environmental protection and conservation. Some of its notable judgments include cancelling clearance for coal mining in forest land in Chhattisgarh in 2014, banning decade-old diesel vehicles in Delhi in 2015 to reduce air pollution, and prohibiting minor mineral mining without environmental clearance. The Tribunal aims to provide faster environmental justice and reduce litigation burden in higher courts.

Uploaded by

Gourab Ray
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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NATIONAL GREEN TRIBUNAL

RECENT LANDMARK DECISION


1 INTRODUCTION
NGT was established on 18th October under National Green Tribunal Act,
2010, an Act of Parliament of India under India's constitutional provision
of Article 21 It is a Special tribunal to handle the expeditious disposal of the
cases pertaining to environmental issues, Conservation of forests and other
natural resources. Primary place of Sitting New Delhi, others Bhopal, Pune,
Kolkata and Chennai.
The legislate Act of Parliament defines the National Green Tribunal Act, 2010
as follows,
"An Act to provide for the establishment of a National Green Tribunal 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.

2 NOTABLE ORDERS/ JUDGEMENTS

Yamuna Conservation Zone, 2014

Coal Blocks in Chhattisgarh Forests, 2014

Ban on decade old Diesel vehicles in Delhi NCR, 2015

One Diesel Vehicle Per Family In Delhi, 2015

No sand mining without environment clearance, 2015

Prohibited of use of groundwater for construction, 2015

Revoking environment clearance of steel project by Posco, 2012

Illegal sand mineral mining in Uttar Pradesh, 2013.

3 CASE 1: COAL BLOCKS IN CHHATTISGARH FORESTS,


2014
Facts relating to the case:

Cancellation of clearance given by the environment minister to Parsa


East and Kante-Basan captive coal blocks in Hasdeo Arand forests of
Chhattisgarh
UEF minister Jairam Ramesh gave clearance in June 2011, NGT
overruled the statutory Forest Advisory Committee
Coal block required 1989 hectares of forest land fell in an area that the
government had initially barred as it was considered a patch of
valuable forest and demarcated as 'no-go' area.
The coal mine has reserves in excess of 450 million tons and was
slated to produce 15 million tons of coal every year.

4 CASE 2: BAN ON DECADE OLD DIESEL VEHICLES IN


DELHI NCR
Facts relating to the case:

December 2014-January of 2015, the quality of air in Delhi was


recorded to be severely polluted for more than 65 per cent of the days
US embassy in India bought 1,800 air purifiers in New Delhi as a
protective measure for the US president Barack Obama from Delhi's
toxic air
Delhi Pollution Control Committee data showed consistently high level
of PM2.5 (particulate matter), 5-7 times more than the permissible limit
Delhi surpassed Beijing to become worlds most polluted city
National Green Tribunal (NGT) on April 7 th 2015 banned all diesel
vehicles over ten years old from plying on Delhi roads citing them as
the main cause of pollution as diesel vehicles contribute more to air
pollution than those running on petrol or CNG.

Decision and Resistance:

Delhi government was quick to applaud the decision and promised


swift action, the central government appealed against the ban

Citing an IIT Delhi study, counsel argued that the number of 11-15
years-old diesel cars is very small -- only 6 per cent of the fleet and
contributes 1 per cent of PM2.5 pollution

Supreme court upheld the ban in a verdict on August 12th 2015

5 CASE 3: ILLEGAL MINING OF MINOR MATERIALS


Facts relating to the case:

Case Background: All these cases pertained to quarrying brick earth


without obtaining environment clearance. Direction against the respondents
to comply with the directions of the MoEF dated 15.05.2012 and 24.06.2013
Reference: The order of the Supreme Court dated 27.02.2012 rendered in
Deepak Kumar Vs State of Haryana.
Statistics: No of operational brick kilns in Baghpat district: 282
Existing Notification: The Government of India through the Ministry of
Environment and Forests issued a notification dated 14.09.2006 providing for
prior environment clearance before such mining and other activities
contained therein.
Complaint Application: The State Governments in order to circumvent the
notification of the Government as well as the order of the High Court had
started permitting excavation of the minor mineral in the extent less than 5
hectares. The District Magistrate had been accepting the payment of royalty
and permitting the owners to excavate earth without environment clearance
which was illegal.

Reference Direction:

Rules to be framed under Section 15 of the Minor and Mineral and


Development Regulation Act, 1957, according to which even if land
under lease for mining operation is than 5 hectares (treated as B
category as per EIA Notification 2006) , prior environment clearance is
required.

Ministry of Environment and Forests has issued an office memorandum


dated 18.05.2012 directing that all mining projects of minor minerals
including their renewal, irrespective of the size of the lease would
henceforth require prior environment clearance.

Perceived threat to Environment:

The quarrying of brick earth in the brick kiln causes damage to


environment and arable land.
The excavation of the said minor mineral indiscriminately, affects the
underground water recharge.
By conduct of the owners in digging deep pits it results in adverse
effect on the water resources and hydrology.
It also results in the fast drying of water level in the ponds and lakes
situated in the villages.

Indiscriminate mining results in prevention of free flow of water during


rainy season.
Stagnation of water by creation of a large number of pits dug by the
brick kiln owners thereby resulting in water scarcity in other areas.

JUDGEMENT:

Consider the inclusion of brick earth and soil apart from sand as minor
mineral.

The State Governments have to frame adequate rules based on the


Ministry of Environment and Forests recommendations and Core group
2010 of Ministry of Mines, Government of India.

Till such regulations were made the Supreme Court made clear that
lease of minor mineral including renewable for less than 5 hectares to
be granted by the State or Union Territory only after clearance from
Ministry of Environment and Forests.

The Tribunal held that the amendments brought in by the State


Government of U.P. were to be ignored and in spite of the same, until
and unless the State of U.P passed appropriate amendments to their
respective mining rule.

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