Chapter - 1

INTRODUCTION

1.1 OVERVIEW

Access to justice, a pillar of democratic governance, promotes just and equitable outcomes
thereby supporting the rule of law. Courts allow people to hold government agencies, companies
and individuals accountable for the violation of their fundamental rights as enshrined in the
constitution of India. The United Nations Development Programme defines access to justice as
“the ability of people to seek and obtain a remedy through formal or informal institutions of
justice, and in conformity with human rights standards1.”
In relation to environmental matters, access to justice extends not only judicial and
administrative procedures and remedies but also includes access to information and participation
in decision-making. These ‘access rights’ stem from international obligations which seek to
make environmental justice both ‘sustainable and green’2.
The World Charter for Nature provides “all persons, in accordance with their national
legislation, shall have the opportunity to participate, individually or with others, in the
formulation of decisions of direct concern to their environment, and shall have access to means
of redress when their environment has suffered damage or degradation.3”
Environment has become the one of the most important issues in the country affecting the
broader society.Alongwith Land Acquisition,environment has become the most frequent conflict
flashpoint. Ever since its inception, the National Green Tribunal has been a new beginning in
India’s struggle between Environmental Preservation and Development.
The right to a healthy environment finds its genesis through the right to life Article 21 of the
Constitution of India. The state is under a duty to enforce this constitutional right by devising
and implementing a coherent and coordinated programme for the well-being of the citizenry.
1
Jayasundere, R. “Access to Justice Assessments in the Asia Pacific: A Review of Experiences and Tools from the
Region”, 11, Bangkok, Thailand: UNDP, , (2012).
2
Pring, G. and Pring C., 'Greening Justice: Creating and Improving Environmental Courts and Tribunals’, 6,
Washington DC: Access Initiative, (2009).
3
Article 23 World Charter for Nature 1982.

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Failure on the part of state have prompted the judges to issue short interim directions entitled
‘continuing mandamus ‘.In seeking a balanced judicial forum that advances a distinctively green
jurisprudence, the Parliament of India enacted the National Green Tribunal Act 2010. The
National Green Tribunal [NGT] is one element of a reformist approach to environmental
governance.
The NGT started functioning from 4th July 2011. The Principal Bench is based at New Delhi
with circuit benches at Chennai, Bhopal, Pune and Kolkata so that it can reach remoter parts of
India. The principal bench and the regional benches are active. India has joined a handful of
forward looking countries including Australia and New Zealand to have a dedicated green court.
The creation of NGT is an important initiative.
NGT since its inception have taken various steps in order to reduce the menace of pollution and
other activities adversely impacting the environment.Some of the recent steps by the tribunal
include order of banning diesel vehicles older than 10 years in the national capital along with ban
on burning of solid waste.These steps have been taken owing to the rising pollution levels which
is evident from the the list of most polluted cities where the national capital stands on the
top.Other examples includes cancellation of coal block clearance in Hasdee-Arand forests
overriding central government's decision,Sterlite case and Meghalaya rat hole mining.
However despite various proactive support being taken by the tribunal the pollution levels has
been continuously rising over the years.This is due to lack of effective support from government
both at the centre as well in states.Inefficiency of Central and State pollution control boards is
another reason for it.This often results in delays in implementing the tribunal's decision.Without
adequate support from the government side NGT is unable to have a vigilance throughout the
country due to its limited capacity and staff.Further despite solving a long number of cases still
there is a long list of pending cases in the tribunal which adds to the problem.Lastly the tribunal
is not having suo-moto powers which also restricts its ambit in the area of environment.

1.2 LITERATURE REVIEW

The Research Material used for this project is an extensive one. There are two types of research
namely Doctrinal and Empirical Research. The study material from Doctrinal method is usually
collected from Library as well as Desktop research. In addition, The Empirical Research is a

Role of National Green Tribunal in Environment Protection Page 2

research using empirical evidence. It is a way of gaining knowledge by means of direct and
indirect observation or experience.
Research sources can be classified into Primary and secondary sources. A Primary source is an
original study, document, object or eyewitness account. In other words this is the source where
any given information first appeared. Moreover, the primary source of the empirical research is
the initial report prepared by the researcher who performed the research. A Secondary source is a
document that is written about the primary source. These are often the documents that reports,
analyze, discuss or interpret primary sources.
The Primary sources relied upon in this research consist of acts/statutes books, articles, journals,
and reports of various commissions. Whereas the secondary sources comprise of textbooks by
various authors, newspaper reports and websites.

To make in depth study of the subject the following literature has been reviewed:-

 STATUTES
National Environment Tribunal Act, 1995
National Environment Tribunal Act, 1995 was passed by the Indian Parliament because of the
Rio de Janeiro Conference. In 1995, the Central Government of India established the National
Environment Tribunal (under the National Environment Tribunal Act, 1995). The main objective
of the tribunal was to compensate the affected who deals with the harmful substances.
This Act has helped to understand the very need of establishment of the National Green Tribunal
Act, 2010.
National Environment Appellate Authority Act, (NEAA)
National Environment Appellate Authority Act, (NEAA) of 1997 was passed specifically for
applying certain industries, operations or processes or class of industries, operations or processes
shall be or shall not be carried out under the Environment (Protection) Act, 1986. Ministry of
Environment and Forests, Government of India established NEAA to address the environment
clearances and related issues required in certain restricted areas.
The NEAA acts helps to understand the importance of National Green Tribunal in today’s world.
It helps to understand the need and purpose of the National Green Tribunal Act, 2010.
National Green Tribunal Act of 2010

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The National Green Tribunal Act of 2010 is an act created 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.
This Act is the soul of this project. This Act is main source from which the project has his
structure.

 ARTICLES

Gitanjali Nain Gill, “Access to Environmental Justice in India with Special Reference to
National Green Tribunal: A Step in the Right Direction”, Gill / OIDA International Journal
of Sustainable Development, (2013).

In this article, the author tried to bring out the importance of Nation Green Tribunal, the
important role played by National Green Tribunal in environment protection. The author has
discussed in detail how National Green Tribunal envisages its powers.

 REPORTS
186th Report of Law Commission of India
Law Commission of India, 186th Report on Proposal to Constitute Environment Courts,
(September, 2003) recommends the laws on “Environmental Courts and suggested that Courts
must be established to reduce the pressure and burden on the High Courts and Supreme Court.
These Courts will be Courts of fact and law, exercising all powers of a civil court in its original
jurisdiction. They will also have appellate judicial powers against orders passed by the concerned
authorities under the Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and
Control of Pollution) Act, 1981 and The Environment (Protection) Act, 1986 with an enabling
provision that the Central Government may notify these Courts as appellate courts under other
environment related Acts as well.
This Law Commission Report is a very helpful piece of primary source, which helps to
understand the Historical Background and the origin of Green Courts in India.

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  BOOK
P.S. Jaswal. and N. Jaswal (ed.), Environmental Law, 59, (Allahabad Law Agency,
Faridabad, 2009).
In this book, the author has made an effort to provide a complete code on the subject by
explaining, each aspect of the techniques with pertinent comments and observations. The law
made by Supreme Court of India on the subject has been incorporated at appropriate places in the
book.

 NEWSPAPER REPORT
Subramani, “Green tribunal's wings clipped, Madras high court halts suo motu
proceedings”, The Times of India, January 3, 2014.
In this article, the author has tried to mention all the powers and limitations of the National
Green Tribunal.
Editorial, “National Green Tribunal has received 7768 complaints: Prakash Javadekar” The
Economic Times, March 3, 2015
This piece of newspaper report is a very helpful source of understanding the working of National
Green Tribunal. It gives a clear picture of present scenario of the percentage of cases being
disposed of and the other amount being pending before the Tribunal.

1.3 OBJECTIVES OF STUDY

The objectives of this research are to thoroughly asses the role of National Green Tribunal in
protection of environment and to study the powers procedure and jurisdiction of the National
Green Tribunal established in India.
This project provides background and genesis of Environment Courts, Its establishment and its
objectives. Moreover, the study includes a review of case laws and limitations of the National
Green Tribunal.
This project also provides a critical analysis of the role played by National Green Tribunal in
environment protection and its impact on society along with a few suggestions to overcome the
shortcomings of the system.

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Moreover, the objectives of this project are to understand the need and development of National
Green Tribunal in present era. In addition, to understand the status and governing law and
procedure regarding Green Courts in India.

1.4 HYPOTHESIS

A hypothesis can be termed as as a supposition or proposed explanation made based on limited

evidence as a starting point for further investigation. There are various propositions, which the
researcher seeks to prove or disprove at the end of this research.
The first important proposition is whether National Green Tribunal has succeeded in fulfilling its
mandate of providing speedy justice.
Secondly, whether National Green Tribunal should be vested with suo motu powers.
Moreover, important question whether the existing provisions are enough and if not then what
kind of improvement in National Green Tribunal is required to protect environment and
implement its decision

1.5 RESEARCH METHODOLOGY

The term “Research” Consist of two words, ‘re’ and ‘search’. Re means again and again and
Search means to find out something. Therefore, research means to observe the phenomena again
and again from different dimensions.
Research commonly means search for knowledge. It is an art of systematic and scientific
investigation. It is Systematized method to gain knowledge. There are mainly two types of
research, Doctrinal and Empirical Research.
Doctrinal Research means a research that has been carried out on a legal proposition i.e.
propositions by way of analyzing the existing statutory provisions and cases by applying the
reasoning power. Doctrinal research involves analysis of case laws, arranging, ordering and
systematizing legal propositions and study of legal institutions through legal reasoning and
rational deduction.
Empirical Research means information gained by experience, observation, or experiment.
Empirical research can be defined as “research based on experimentation or observation.”

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This method is generally taken to mean the collection of data on which to base a theory or derive
a conclusion in science. It is part of the scientific method of study, but is often mistakenly
assumed synonymous with the experimental method.
The researcher has used Empirical Method of research. The research has made an empirical
research by collecting data by distributing questionnaire among lawyers and litigants and people
being affected by the decision of the National Green Tribunal.
Along with Empirical research method other tools that are explored and used includes both
primary data like Acts, Journals, Law Commission Reports and secondary data like newspaper
reports, books, websites etc. The researcher has visited various libraries situated in Delhi to
access the most recent publications on the research topic.
From the collected information and material, the researcher proposes to critically analyze the role
National Green Tribunal in environment protection and will try to reach the core aspect of it in
order to explore the current position and make suggestions on the topic.

1.6 CHAPTERIZATION

Chapter – 1 of this project provides an introduction, an overview of the whole project, along
with aims and objective of this project. Also, there is a thorough review of literature used to
make this project. Moreover, this chapter provides with the research methodology used to make
this project.
Chapter – 2 traces back the history and development of the National Green Tribunal. How the
National Green Tribunal was being evolved in India by giving a new way to Environment
Jurisprudence.
Chapter – 3 deals with the constitutional aspect of the National Green Tribunal. The
constitutional provisions of Fundamental Rights, Fundamental Duties and Directive Principle of
State Policy with relevant case laws have backed the National Green Tribunal.
Chapter – 4 starts with the concept of National Green Tribunal. It provides for object and
purpose for which the National Green Tribunal was set up in India. The next section of this
chapter discusses the need for establishing the National Green Tribunal followed by its scope.
And lastly, chapter 4 elaborates the working of the National Green Tribunal.

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Chapter – 5 provides with salient features of the National Green Tribunal Act, 2010. It starts up
with the establishment and composition of National Green Tribunal. Further, it elaborates on the
qualification, appointment and tenure of the members of the National Green Tribunal. Then this
chapter moves to main provisions of the Act providing for the jurisdiction, powers that the
Tribunal have and procedure to be adopted by the Tribunal.
Chapter – 6 seeks to analyze the role of National Green Tribunal through its inception by
scrutinizing the landmark cases on the subject that have molded their validity admissibility from
time to time.
Chapter – 7 gives the current stand of National Green Tribunal on cases relating to
environmental protection and conservation of forests and other natural resources including
enforcement of any legal right relating to the environment and gives relief and compensation for
damages to persons and property through recent case laws.
Chapter – 8 is one of the major components of this project, setting out the genesis and varied
dimensions to the present position of the National Green Tribunal in protection of environment.
The text in this chapter is amply supported by numerous newspaper reports, recent orders
delivered by National Green Tribunal and various statistical data, which have played an
important role in critically analyzing the role-played National Green Tribunal in environment
protection.
Chapter – 9 provides the analysis of the National Green Tribunal in five years of its inception
by an empirical research of data collection through questionnaire and pie chart and at the end
giving a conclusion.
At last, the researcher shall proceed to conclude and give a few suggestions, which would help to
strengthen the National Green Tribunal and enhance the environment jurisprudence of the
country.

Role of National Green Tribunal in Environment Protection Page 8

 CHAPTER - 2
HISTORICAL BACKGROUND

2.1 INTRODUCTION
Government of India has formed National Green Tribunal (NGT) during the year 2010. Before
NGT has evolved, there were two previous efforts to establish green courts in India. These were
National Environment Tribunal Act, 1995 (NETA) -the Act provides for strict liability for
damages, caused by accident occurring while handling hazardous substance and to provide relief
and compensation to the victims. The Act, however, could not be enforced due to limited
mandate.and National Environment Appellate Authority Act, 1997 (NEAA) the Act provides a
judicial forum for hearing appeals against order of grant of environmental clearances under the
Environment Protection Act, 1986. However, the most effective environment court in the form of
NGT has come into reality in 2010.

2.2 STOCKHOLM DECLARATION

This first global Environmental Conference had adopted an action plan known as “The
Stockholm Declaration of 1972”. Principle 1 of the Stockholm Declaration stated that the
people have “the fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well- being and he bears a solemn
responsibility to protect and improve the environment for present and future generations 4”. In
unanimity with the Stockholm Declaration of 1972, the Indian Parliament amended the Indian
Constitution and adopted Articles 48A, (g), and Article 253. Consequently, The Water
(Prevention and Control of Pollution) Act 1974 popularly known as Water Act, The Air
(Prevention and Control of Pollution) Act, 1981 known as Air Act and the Environment
(Protection) Act, of 1986 were passed by the Parliament. The Water Act of 1974 (Amended in
1988) passed in the parliament to ensure that untreated domestic and industrial pollutants are not
discharged into the water bodies. Air Act of 1981 (Amended in 1987) was passed to control and
reduce air and noise pollution. Environmental Protection Act 1986 (EP Act) was to protect and

4
United Nations Environment Program, Declaration of the United Nations Conference on the Human Environment.
The United Nations Conference on the Human Environment, Stockholm 1972.

Role of National Green Tribunal in Environment Protection Page 9

improve the environment. The legislation consolidated the provisions of the Air and the Water
Act including rules relating to storing, handling and use of hazardous waste.

2.3 RIO CONFERENCE

The second environment related conference; “The Rio Conference of 1992” stressed the need
for judicial and administrative access to the citizens of a nation-state. In addition, it emphasized
national law regarding liability and compensation for environmental damages for the pollution
victims. Principle 10 of the Rio Declaration stated, “Environmental issues are best handled with
the participation of all concerned citizens, at the relevant level. At the national level, each
individual shall have appropriate access to information concerning the environment that is held
by public authorities, including information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-making processes. States shall
facilitate and encourage public awareness and participation by making information widely
available. Effective access to judicial administrative proceedings, including redress and remedy,
shall be provided5.”
Almost at the same time, after about four decades of self-reliance strategy, India initiated its
economic reforms in 1991. Subsequently, Indian economy was gradually liberalized. Indian
Government facilitates the flow of Foreign Direct Investment (FDI) by raising the limits of
foreign equity holding in many priority industries. After the reform, since 2003, Indian economy
experienced average annual growth of more than 8 percent. India is evolving as one of the fastest
growing emerging market, riding on the wave of extensive industrial growth. The liberalization
process has unabatedly poured many project clearances in manufacturing, mining and
exploration and other industrial sectors After 10 the economic liberalization; it was observed that
the exports and FDI grew in the more polluting sectors relative to the less polluting sectors in the
post-liberalization period6. As a result, the issues of ecology and social justice have come into a
sharp focus along with the surge of social movements in the recent years. Therefore, the need for

5
Report of the United Nations Conference on Environment and Development, (United Nations General Assembly,
Rio de Janeiro, 1992).
6
Jha, Shreyasi, and Shanti Gamper-Rabindran. "Environmental impact of India “trade liberalization." (Cornell
University International Colloquium on S75 Years of Development Research, 2004.)

Role of National Green Tribunal in Environment Protection Page 10

effective, powerful, technically equipped Green Courts are too obvious and was the need of the
hour7.

2.4 NATIONAL ENVIRONMENTAL TRIBUNAL ACT, 1995 AND NATIONAL

ENVIRONMENTAL APPELLATE AUTHORITY ACT, 1997.
As a government initiative, before the NGT Act come into existence, there were two other efforts
to establish specialized environment courts in India. The first was National Environmental
Tribunal Act (NETA) of 1995. The second one was National Environmental Appellate
Authority (NEAA) constituted under the National Environmental Appellate Authority Act,
1997.
National Environment Tribunal Act, 1995 was passed by the Indian Parliament because of the
Rio de Janeiro Conference. In 1995, the Central Government of India established the National
Environment Tribunal (under the National Environment Tribunal Act, 1995). The main objective
of the tribunal was to compensate the affected who deals with the harmful substances. National
Environment Appellate Authority Act, (NEAA) of 1997 was passed specifically for applying
certain industries, operations or processes or class of industries, operations or processes shall be
or shall not be carried out under the Environment (Protection) Act, 1986. Ministry of
Environment and Forests, Government of India established NEAA to address the environment
clearances and related issues required in certain restricted areas. However, the Authority become
defunct and the Act repealed with the enactment of the National Green Tribunal Bill 2009.

2.5 JUDICIAL PRONOUNCEMENTS

With the four path breaking judgments by the Supreme Court of India, In M.C. Mehta v. Union
of India8, Supreme Court observed that environmental cases involve assessment of scientific
data. Setting up of environmental courts on regional basis would require professional judge and
experts, keeping in view the expertise required for such adjudication. Further, the Supreme Court
observed that “we would also suggest to the Government of India that since cases involving
issues of environmental pollution, ecological destruction and conflicts over national resources
are increasingly coming up for adjudication and these cases involve assessment and evolution of
scientific and technical data, it might be desirable to set up environment courts on a regional
7
Ashok Verma, “The National Green Tribunal, 2010”, (Astrea Legal Associates LLP, 2011).
8
1986(2) SCC 176.

Role of National Green Tribunal in Environment Protection Page 11

basis with one professional judge and two experts, keeping in view the expertise required for
such adjudication. There would be a right to appeal to this court from the decision of the
environment court’’ In another judgment, Indian Council for Environmental Legal Action v.
Union of India9, the Supreme Court observed that Environmental Courts having civil and
criminal jurisdiction must be established to deal with the environmental issues in a speedy
manner. The court observed, “The suggestion for the establishment of environment courts is a
commendable one. The experience shows that the prosecutions launched in ordinary criminal
courts under the provisions of Water Act, Air Act and Environment Act never reach their
conclusion either because of the workload in those courts or because there is no proper
appreciation of the significance of the environment matters on the part of those in charge of
conducting of those cases. Moreover, any orders passed by the authorities under Water, Air or
Environment Acts are immediately questioned by the industries in courts. Those proceedings
take years and years to reach conclusion. Very often, interim orders are granted meanwhile
which effectively disable the authorities from ensuring the implementation of their orders. All
these point to the need for creating environment courts, which alone should be empowered to
deal with all matters, civil and criminal, relating to the environment. These courts should be
manned by legally trained persons/ judicial officers and should be allowed to adopt summary
procedures. This issue, no doubt, requires be studying and examining in depth from all angles
before taking any action”.
Supreme Court of India in A.P. Pollution Control Board v. M.V. Nayudu10 referred to the need
for establishing Environmental Courts, which would have the benefit of expert advice from
environmental scientists/technically qualified persons, as a part of the judicial process, after an
elaborate discussion of the views of jurists of various countries. Moreover, in A.P. Pollution
Control Board v. M.V. Nayudu II11, it was realized that for environment related lawsuits a
separate environment court is required.
It was understood that environmental cases involve interpretation and assessment of scientific
data. Hence, environmental courts require subject experts along with professional judges. Also in
another significant judgment, (A P Pollution Control Board v. M.V. Nayudu), the idea of “multi-
faceted” environmental court containing both judicial and technical/scientific experts gained the

9
1996(3) SCC 212.
10
1999(2) SCC 718.
11
2001(2) SCC 62.

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momentum. In all these above mentioned significant cases, because of scientific data and
complexity involved, it was realized the need of both judicial members along with the subject
experts who are familiar with the issues.

2.6 LAW COMMISSION

Following the observation, the Law Commission of India was assigned to undertake a detail
study of the subject for the establishment of “Environment Courts” in India. The study took
examples from Lord Woolf in England and Environmental Court legislations from Australia
New Zealand and other countries. The Commission has prepared a report recommending the
laws on “Environmental Courts and suggested that Courts must be established to reduce the
pressure and burden on the High Courts and Supreme Court. These Courts will be Courts of fact
and law, exercising all powers of a civil court in its original jurisdiction. They will also have
appellate judicial powers against orders passed by the concerned authorities under the Water
(Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act,
1981 and The Environment (Protection) Act, 1986 with an enabling provision that the Central
Government may notify these Courts as appellate courts under other environment related Acts as
well. Such a law can be made under Art. 253 of the Constitution of India, read with Entry 13A of
List I of Schedule VII to give effect to decisions taken in Stockholm Conference of 1972 and Rio
Conference of 1992” The commission also recommends that the proposed Environment Courts
will be established initially at the State level and later many more courts may be established in
other part of the country. According to the law commission, along with these establishments, the
court will be accessible to citizens from the remotest part of the country12.
The 186th Report of Law Commission of India on the Proposal to Constitute Environmental
Courts in September 2003, stated, that the "National Environmental Appellate Authority
constituted under the National Environmental Appellate Authority Act, 1997, for the limited
purpose of providing a forum to review the administrative decisions on Environment Impact
Assessment, had very little work. It appears that since the year 2000, no judicial member has
been appointed. As far as the National Environmental Tribunal Act 1995, is concerned, the
legislation is yet to be notified after eight years of enactment. Since it was enacted by
Parliament, the tribunal under the Act is yet to be constituted. Thus, these two tribunals are non-
12
Law Commission of India, 186th Report on Proposal to Constitute Environment Courts, (September, 2003).

Role of National Green Tribunal in Environment Protection Page 13

functional and exist only on paper". In its recommendation, the Commission proposed for setting
up of environmental courts with judicial members and technical experts.
The Law Commission of India in its One Hundred and Eighty Sixth Report on ‘Proposal to
Constitute Environment Courts’ strongly advocated the establishment of ‘Environment Courts’
keeping in mind the following considerations13:
a) The uncertainties of scientific conclusions and the need to provide, not only expert advice
from the Bar but also a system of independent expert advice to the Bench itself;
b) The present inadequacy of the knowledge of Judges on the scientific and technical
aspects of environmental issues, such as, whether the levels of pollution in a local area
are within permissible limits or whether higher standards of permissible limits of
pollution require to be set up;
c) The need to maintain a proper balance between sustainable development and
control/regulation of pollution by industries;
d) The need to strike a balance between closure of polluting industries and reducing or
avoiding unemployment or loss of livelihood;
e) The need to make a final appellate view at the level of each State on decisions regarding
‘environmental impact assessment’;
f) The need to develop a jurisprudence in this branch of law which is also in accord with
scientific, technological developments and international treaties, conventions or
decisions; and
g) To achieve the objectives of Art. 21, 47, 48A and 51A (g) of the Constitution of India by
means of a fair, fast and satisfactory judicial procedure.
After years of deliberation, the National Green Tribunal Bill was introduced in the Indian
Parliament on July 29, 2009. The bill provides for the establishment of a Green Tribunal, which
will offer effective and fast redressal of cases related to environmental protection and
conservation of natural resources and forests.

2.7 CONCLUSION

13
Supra, no.12.

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The most effective environment court in the form of NGT has come into reality in 2010. After its
establishment, NGT has settled many environmental issues and has got overwhelm response
from different corners.
National Green Tribunal Act is a path breaking legislation, which is unique in many ways. It will
provide a new dimension to environment adjudication by curtailing delays and imparting
objectivity. The Tribunal, given its composition and jurisdiction, including wide powers to settle
environment dispute and providing relief, compensation including restitution of environment, is
envisaged to be a specialized environmental adjudicatory body having both original as well as
appellate jurisdiction.

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 CHAPTER 3

CONSTITUTIONAL PROVISIONS

3.1 INTRODUCTION
The Law Commission had called for establishing environmental courts under Article 247 of the
Constitution, which permits Parliament to create additional courts. The Parliament may by law
provide for the establishment of any additional courts for the better administration of laws made
by Parliament or of any existing law with respect to a matter enumerated in the Union List.
‘Tribunals’, on the other hand, are established under Article 323A or Article 323B of the
Constitution.
Articles 48A, 51A (g) and 21 of the Constitution of India have produced a major shift in the
environmental landscape of India.
Article 21 being a fundamental right guarantees the right to life. The meshing of human rights
and environmental protection finds its justification in Article 21 of the Constitution of India
Apart from Fundamental Right there certain Fundamental Duty and Directive Principle of State
Policy that imposes a duty on every citizen to protect the environment and mandates the state to
provide environment protection.

3.2 FUNDAMENTAL RIGHTS

Article 21 being a fundamental right guarantees the right to life. The meshing of human rights
and environmental protection finds its justification in Article 21 of the Constitution of India
which states: “No person shall be deprived of his life or personal liberty except according to the
procedure established by law.” The Supreme Court held that life does not simply means physical
existence but extends to include quality of life. In Francis Coralie v. Delhi14, Justice Bhagwati
stated: “We think that the right to life includes the right to live with human dignity and all that
goes along with it, namely, the bare necessities of life such as adequate nutrition, clothing and
shelter over the head and facilities for reading, writing, and expressing oneself in diverse
forms.”

14
AIR 1981 SC 746.

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In Virender Gaur v. State of Haryana,15 the court recognized that a healthy environment is one
free from environmental pollution and stated: “Article 21 protects the right to life as a
fundamental right. Enjoyment of life… including the right to live with human dignity
encompasses within its ambit, the protection and preservation of the environment, ecological
balance free from pollution of air and water, sanitation, without which life cannot be enjoyed.
Any contra acts or actions would cause environmental pollution. Environmental, ecological, air
and water pollution, etc… should be regarded as amounting to a violation of Article 21.
Therefore, a hygienic environment is an integral facet of the right to a healthy life and it would
be impossible to live with human dignity without a human and healthy environment….. There is a
constitutional imperative on the State Government and the municipalities, not only to ensure and
safeguard a proper environment but also an imperative duty to take adequate measures to
promote, protect and improve both the man made and the natural environment16.”

3.3 FUNDAMENTAL DUTY

Article 48A, directive principle of state policy, mandates the state to protect and improve the
environment and safeguard the forests and wildlife of the country. The policy prescription has
assumed the legal status of imposing an obligation on not only the government but also the
courts to protect the environment17.

3.4 DIRECTIVE PRINCIPLES OF STATE POLICY

Article 51A (g) imposes a fundamental duty on every citizen to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have a compassion for living
creatures.
Importantly, the apex court has given effect to Articles 48A, 51A (g) and 21 by citing them as
complementary to each other and in appropriate cases have issued necessary directions in
environmental cases. A duty cast on the state under Article 48A is to be read as conferring a
corresponding right on the citizens under Article 51A(g) [though couched in the language as
‘duty’] and, therefore, the right under Article 21 at least must be read to include the same within

15
(1995) 2 SCC 577.
16
M C Mehta v Union of India (1998) 9 SCC 589; P.S. Jaswal. and, N. Jaswal (ed.), Environmental Law, 59,
(Allahabad Law Agency, Faridabad, 2009).
17
T Damodar Rao v The Special Officer, Municipal Corporation of Hyderabad, AIR 1987 AP 171, 181.

Role of National Green Tribunal in Environment Protection Page 17

its ambit. In Intellectual Forum, Tirupathi v. State of A.P.18 the Supreme Court observed, “The
environmental protection and conservation of natural resources has been given a status of a
fundamental right and brought under Article 21 of the Constitution of India. This apart, Articles
48A and 51A (g) are not only fundamental in the governance of the country but also it shall be
the duty of the state to apply these principles in making laws and further these two articles are to
be kept in mind in understanding the scope and purport of the fundamental rights guaranteed by
the Constitution including Article 21’’.

3.5 CONCLUSION
Taking into account various provisions of Constitution of India we can infer that Right to Life
which is our fundamental right does not simply means physical existence but extends to include
quality of life. Right to life means the right to live with human dignity encompasses within its
ambit, the protection and preservation of the environment, ecological balance free from pollution
of air and water, sanitation.

18
(2004) 3 SCC 549.

Role of National Green Tribunal in Environment Protection Page 18

 Chapter - 4

NATIONAL GREEN TRIBUNAL – A NEW FORUM

4.1 INTRODUCTION
The National Green Tribunal is India’s first dedicated environmental court with a wide
jurisdiction to deal with not only violations of environmental laws, but also to provide for
compensation, relief and restoration of the ecology in accordance with the ‘Polluter Pays’
principle and powers to enforce the ‘precautionary principle’.

4.2 OBJECT AND PURPOSE OF THE NATIONAL GREEN TRIBUNAL ACT, 2010
The main aim behind its establishment is to reduce the burden of litigation in the higher courts.
The tribunal has jurisdiction over matters related to the environment and is not bound by the
Civil Procedure Code, 1908 but works on the principles of natural justice19.
The Purpose of the Act is to give effect to its International obligations arising out of various
decisions taken at International Conferences to which India has been a Party and 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 Constitution20.
This object has been amply reflected in the preamble to the Act, which says:
“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.
And whereas India is a party to the decisions taken at the United Nations Conference on the
Human Environment held at Stockholm in June, 1972 ……. calling upon the States to take
appropriate steps for the protection and improvement of the human environment.
Moreover, whereas decisions were taken at the United Nations Conference on Environment and
Development held at Reo de Janeiro in June 1992… Calling upon the States to provide effective
19
http://www.astrealegal.com (Visited on September 27, 2015).
20
http://www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html (Visited on October 2, 2015).

Role of National Green Tribunal in Environment Protection Page 19

access to judicial and administrative proceedings, including redress and remedy and to develop
national laws regarding liability and compensation for the victims of pollution and other
environmental damage.
In addition, whereas in the judicial pronouncement in India, the right to healthy environment has
been construed as a part of the right to life under article 21 of the Constitution.
And whereas it is considered expedient to implement the decisions taken at the aforesaid
conferences and to have a National Green Tribunal in view of the involvement of multi –
disciplinary issues relating to environment”.

From the preamble of the Act, we can infer that there are mainly three objectives of the National
Green Tribunal –
i. The Tribunal aims for the effective and speedy disposal of cases relating to
environmental protection and conservation of forests and other natural resources. All the
previous pending cases will also be heard by the Tribunal.
ii. It aims at enforcing all the legal rights relating to the environment.
iii. It also accounts for providing compensation and relief to the effected people for damage
of property.

4.3 NEED FOR ESTABLISHING THE NATIONAL GREEN TRIBUNAL

On the night of December 2 1984 the Bhopal Gas tragedy occurred, where Methyl Isocyanate
(MIC) gas leakage from Union Carbide Plant caused one of the world’s largest tragedies. This
resulted in death of more than 8000 people and disabled/injured more than 6 lakhs.
In light of the tragedy, the erstwhile Department of Environment formed in 1980 was upgraded
to a Cabinet level Ministry and named as Ministry of Environment and Forests (MoEF) in 1985.
Subsequently the Environment (Protection) Act was passed on 23 May 1986 through which State
Pollution Control Boards were formed21.
Unfortunately, most people who suffered in the same were poorly compensated, that too after
several years of court trials. This clearly pointed out to the inadequacy of the existing provisions
in dealing with such disasters.

21
www.hecs.in (Visited on October 15, 2015).

Role of National Green Tribunal in Environment Protection Page 20

Moreover, the higher judiciary in India was overburdened with a large backlog of cases. In order
to have effective prevention of environmental pollution environmental complaints should be
decided expeditiously which was not possible in the context of judicial administration present at
that time. Therefore, there was an urgent need for an alternative forum so that environmental
cases were decided without much delay. The Indian Apex Court opined that it would be desirable
to have the setting up of “environmental courts on the regional basis with a professional judge
and two experts drawn from the...Ecological Science Research Group.” 22 Some of the prominent
jurists of the country expressed a similar view.
After several years of deliberation, The National Green Tribunal was established in October
2010 under the National Green Tribunal Act 2010 to effectively handle environmental
litigations.

4.4 SCOPE OF THE NATIONAL GREEN TRIBUNAL

The National Green Tribunal was established under the National Green Tribunal Act 2010 to
effectively handle environmental litigations. The Tribunal decides cases relating to
environmental protection and conservation of forests and other natural resources including
enforcement of any legal right relating to the environment and gives relief and compensation for
damages to persons and property23.
There have been numerous cases where large industries have been confronted by local people
fighting for the environment. Recent cases like the Vedanta Bauxite smelter in Orissa, Thermal,
the Jaitpur Nuclear Power Plant in Maharashtra have seen huge controversy and protests.
Vedanta Resources has found itself in the centre of controversy over mining bauxite in
Niyamgiri Hills, which are held sacred by the Dongria Kondh tribal group. With powerful
political and bureaucratic patrons, Vedanta has managed to ride roughshod over Tribal Rights.
Having a National Green Tribunal (NGT) has become essential for the country so that
development can proceed with peace between various stakeholders’. Normal judges and courts
do not have the expertise to understand the massive complexities and intricacies involved in
billion dollar industrial projects and their impact on the environment. The NGT will have each

Supra, no.16.
22

23
Gitanjali Nain Gill, “Access to Environmental Justice in India with Special Reference to National Green Tribunal:
A Step in the Right Direction”, Gill / OIDA International Journal of Sustainable Development, (2013).

Role of National Green Tribunal in Environment Protection Page 21

judge having an environmental expert to guide him/her on the ecological issues so that they can
come to an informed judgment.

4.5 WORKING OF THE NATIONAL GREEN TRIBUNAL

The NGT was established on 18th October 2010. The first chairperson of the National Green
Tribunal was Hon’ble Mr. Justice Lokeshwar Singh Panta who relinquished his post on being
appointed as “LOKAYUKTA” of Himachal Pradesh. He was succeeded by Hon’ble Mr. Justice
Swatanter Kumar.
The NGT became operational on 5th May 2011 with New Delhi selected as the site for the
principal bench24 although Bhopal was mooted earlier in recognition of the environmental
industrial disaster of 1984.
PRINCIPAL BENCH
The principal bench, New Delhi, exercises jurisdiction in the states of Uttar Pradesh,
Uttarakhand, Punjab, Haryana, Himachal Pradesh, National Capital Territory of Delhi and Union
Territory of Delhi.
The principal and regional benches are in operation although Delhi has proved to date to be the
busiest.
REGIONAL BENCHES
Subsequently, regional benches were established.
Central Zone
Bhopal, being the Central Zone. It covers Madhya Pradesh, Rajasthan and Chhattisgarh.
Western Zone
Pune is the Western Zone base and it covers Maharashtra, Gujarat, Goa with Union Territories of
Daman and Diu and Dadar and Nagar Haveli.
Southern Zone
The Southern Zone is located in Chennai and serves Kerala, Tamil Nadu, Andhra Pradesh,
Karnataka, Union Territories of Puducherry and Lakshadweep.
Eastern Zone

24
Ministry of Environment and Forests Notification 5th May 2011 S.O.1003 E.

Role of National Green Tribunal in Environment Protection Page 22

The fifth area, the Eastern Zone, is based in Kolkata and is responsible for West Bengal Orissa,
Bihar, Jharkhand and the seven sister States of the Northeastern region, Sikkim, Andaman and
the Nicobar Islands25.
CIRCUIT BENCHES
In order to become more accessible especially in the remote areas of India, the NGT follows the
circuit procedure of ‘courts going to people and not people coming to the courts’. Shimla has
received circuit benches from Delhi26 as has Jodhpur from the Central Zone27.

4.6 CONCLUSION

To conclude, we may say that the Tribunal aims to strike a right balance between environment
and development. It aims to adjudicate environmental protection and forest conservation cases in
an effective and expeditious manner. This includes enforcement of any legal right relating to the
environment together with available relief and compensation for damages to persons and
property.
There was urgent need of Environment Courts to take up cases relating to environmental
conservation and degradation. In addition, due to this need of speedy disposal of the cases a
provision was made in the act that the Tribunal is mandated to endeavor towards disposal of
Applications and Appeals within 6 months.

25
Ministry of Environment and Forests Notification 17th August 2011 S.O.1908 E.
26
NGT/PB/157/2013/331 dated December 20, 2013.
27
NGT/PB/266/2013/281 dated December 2, 2013.

Role of National Green Tribunal in Environment Protection Page 23

 Chapter – 5

NATIONAL GREEN TRIBUNAL ACT, 2010

5.1 INTRODUCTION
The National Green Tribunal Act of 201028 is an act created 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.
The National Green Tribunal is a special fast-track court for speedy disposal of environment-
related civil cases. The Act is considered a critical step in capacity development because the Act
strengthens the framework of global environmental governance. This legislation not only
provides for greater expertise with respect to environmental decision-making but also repeals
environmental laws that had served a repetitive purpose and incorporates into the act the issues
that were dealt with by these previous laws.

5.2 ESTABLISHMENT OF THE TRIBUNAL

S.3 of the NGT Act, 2010, provides that the Central Government shall establish a tribunal to be
known as National Green Tribunal.

5.3 COMPOSITION OF THE TRIBUNAL

According to Section 4(1), the Tribunal shall consist of:
a) A full time chairperson,
b) not less than ten but subject to a maximum of twenty full time judicial members as the Central
government may from time to time notify and
c) Not less than ten but subject to a maximum of twenty full time Expert Members as the Central
Government may from time to time notify.

28
The National Green Tribunal Act, (Act 19 of 2010).

Role of National Green Tribunal in Environment Protection Page 24

The Chairperson of the Tribunal may, if considered necessary, invite any one or more person
having specialized knowledge and experience in a particular case before the Tribunal to assist the
Tribunal in that case29.
The benefit of this multi-faceted and multi-skilled body encourages a coherent and effective
institutional mechanism to adjudicate complex laws and principles in a uniform and consistent
manner whilst simultaneously re shaping the approach to solve the environmental problem at its
source rather being limited to pre-determined remedies.

5.4 QUALIFICATIONS FOR APPOINTMENT

The NGT is a specialized body where the decision makers hold relevant qualifications and
appropriate work experience both in law and technically. Thereby the scientific experts are able
to offer the court the skills for multi-disciplinary decision-making.
The judicial members, including the Chairperson are or were previously a judge of the Supreme
Court of India or Chief Justice of a High Court or the judge of a High Court 30. The technical
experts include persons from life sciences, physical sciences, engineering or technology with a
fifteen-year experience in the relevant field or administrative experience including five years
practical experience in a reputed national level institution or central or state government in
environmental matters31.
The expertise of the NGT benches is reflected in the enhanced quality of the Tribunal’s
decisions. They not only decide matters based on scientific evidence but also make positive,
policy suggestions to improve environmental management. For instance, in Krishi Vigyan
Arogya Sanstha v. Ministry of Environment and Forests32 the Tribunal issued directions to be
considered in matters relating to the grant of an environmental clearance for coal based thermal
power projects. These include instituting a scientific study dealing with nuclear radiation with
reference to coal ash generated by thermal power projects. The Tribunal reviewed the cumulative
effect of a number of thermal power projects located in the area on human habitation and
environment and ecology grounds. It prescribed national standards as to permissible levels of
nuclear radiation in residential, industrial and ecologically sensitive areas of India and

29
Section 4 (2) of the NGT Act, 2010.
30
Id., S. 5(1).
31
Id., S. 5(2).
32
Order dated 20 September 2011.

Role of National Green Tribunal in Environment Protection Page 25

synchronized the commissioning of the thermal power project with that of a sewage wastewater
treatment plant. The treated water was proposed to be used for the operation of the project,
failing which no consent to operate was to be issued by the pollution control boards. Further,
future projects required the project proponent to furnish details of possible nuclear radioactivity
and the levels of the coal proposed to be used for the thermal power plant. The decision, thus,
demonstrates that any procedural lapses such as collection and evaluation of basic scientific data
for the grant of environmental clearance that may lead to threats to the environment, ecology and
conservation of natural resources will be taken seriously by the presiding NGT.

5.5 PROCEDURE FOR APPOINTMENT

The Central Government is authorized to appoint the members of the Tribunal subject to the
fulfillment of the above-prescribed qualifications33. The Act states that the Chairperson of the
Tribunal may be appointed by the Central Government in consultation with the Chief Justice of
India34
The Central Government on the recommendation of such Selection Committee as may be
prescribed shall appoint the other members35.

5.6 TERM OF OFFICE

The Chairperson, judicial members and expert members shall hold office as such for a term of
five years from date on which they enter upon their office and they shall not be eligible for re-
appointment. This is subject to the condition that in case a person, who is or has been a judge of
the Supreme Court, has been appointed as Chairperson or judicial member of the Tribunal, he
shall not hold office after he has attained the age of Seventy years. Similarly, in case a person,
who is or has been the Chief Justice of a High Court, has been appointed as a Chairperson or
judicial member of the Tribunal, he shall not hold office after he has attained the age of six seven
years. Further, in case a pertain who is or has been a judge of a High Court, has been appointed
as a judicial member of the Tribunal, he shall not hold office after he has attained the age of sixty

33
Section 6(1), the National Green Tribunal Act, 2010.
34
Id., Section 6(2).
35
Id., Section 6(3).

Role of National Green Tribunal in Environment Protection Page 26

seven years. In the case of expert members, the Act says, they cannot hold office after they have
attained the age of sixty-five years36.

5.7 JURISDICTION OF THE TRIBUNAL

The Tribunal shall have jurisdiction over all cases where a substantial question relating to
environment is involved37 and such question arises out of the implementation of the enactments
specified in Schedule-I38. The Tribunal is authorized to hear all disputes arising from substantial
questions relating environment and settle disputes and pass orders there in 39, provided the
application for adjudication of the dispute is made within a period of six months from the date on
which the cause of action for such dispute first arose. However, the Tribunal may, if it is satisfied
that the applicant was prevented by sufficient cause from filing the application within the said
period, allow it to be filed within a further period not exceeding sixty days 40. Under the Act, the
Proceedings before the Tribunal shall be deemed to be judicial proceedings41.
The NGT has wide jurisdiction in relation to environmental matters. According to the precedents
that govern statutory interpretation the preamble, section to the National Green Tribunal Act is
the first indicator of legislative intent and provides guidance on legislative interpretation to the
remaining statutory provisions. The Tribunal has both original and appellate jurisdiction under
the National Green Tribunal Act 2010.

Original Jurisdiction
The original jurisdiction42 is exercised in civil cases in relation to a substantial question relating
to the environment. This includes enforcement of any legal right relating to the environment and
such questions that arise out of the implementation of the enactments specified in Schedule 1 of
the Act43. The content of an original application should first be a civil case and secondly relate to
36
Section 7, the National Green Tribunal Act, 2010.
37
Id., Section 14 (1).
38
The enactments in Schedule 1 include The Water Act 1974; The Water Cass Act 1977;The Forests
(Conservation)Act 1980; the Air Act 1981; the Environment Protection Act 1986; the Public Liability Insurance Act
1981 and the Biological Diversity Act 2002. Power is given to the Central Government under Section 34 to either to
add a new Act to or delete any Act from this, by notification.
39
Section14 (1) (a), the National Green Tribunal Act, 2010.
40
Id., Section 14(3).
41
Id., Section 19(5).
42
Id., Section 14(1).
43
Supra, no.38.

Role of National Green Tribunal in Environment Protection Page 27

a substantial question concerning the environment. The wording ‘all civil cases’ involves all
legal proceedings except criminal cases which are governed by the provisions of Criminal
Procedure Code.
In M.P. Pollution Control Board v. Commissioner Municipal Corporation Bhopal44 the Tribunal
observed “once the legislature restricts the jurisdiction of the tribunal only to civil cases, then
that jurisdiction is incapable of being expanded to the cases which are patently and substantially
criminal in nature and are controlled or have been instituted under the provisions of Cr. P.C.,
like filing of a criminal complaint of an offence, specifically triable by a magistrate in
accordance with law. This Tribunal is a creation of a statute and thus, its jurisdiction will have
to be construed with reference to the language of its provisions”.
The legal meaning of 'substantial question on the environment’ is unsettled. Nevertheless, it has a
bearing on the case and its issues relating to the environment. Section 2(m) of the National Green
Tribunal Act classifies ‘substantial question on environment’ under two heads:
i. firstly, where there is a direct violation of a statutory duty or environmental obligation
which is likely to affect the community or the gravity of damage to the environment or
property is substantial or the damage to public health is broadly measurable;
ii. Secondly, where the environmental consequences relate to a specific activity or a point
source of pollution.
The case of Gram Panchayat Totu (Majthai) v. State of Himachal Pradesh45 is illustrative of a
‘substantial question of law’. An original application was filed by Gram Panchayat Totu
(Majthai) through its representatives and two residents against the proposed construction of
municipal solid waste (MSW) plant at the village called Bharyal on the ground that the
mandatory rules and permissions from authorities had not been obtained and the proposed site of
the MSW plant was in close proximity to human habitation and as such posed health problems
for the villagers of Totu Gram Panchayat. The NGT entertained the application stating, “The
guidelines and the siting criteria, required to be followed for locating MSW facilities, and Land
Fill site have not been sacrosantly followed, under the MSW Rules 2000. The rules stipulate that
prior environmental clearance is required to be obtained as per the provisions of Environment
Impact Assessment notification but the same has not been obtained from the State Environmental
Impact Assessment Authority. The project proponent i.e. Municipal Council, Shimla has failed to
44
Order dated 8 August 2013.
45
Order dated 11 October 2011.

Role of National Green Tribunal in Environment Protection Page 28

follow the statutory norms. The Municipal Council, Shimla, is directed to ensure that necessary
preventive and control measures are adopted/implemented to avoid any adverse impact on the
environment especially on the ground water and surface water bodies, keeping in mind the
provisions of Article 21 of the Constitution of India, which mandates enjoyment of pollution free
air and water to its citizens’’.
Similarly, in D B Nevatia v. State of Maharashtra46 the NGT issued directions to the Ministry of
Road Transport and Highways to produce and notify source specific standards for sirens and
multi-tone vehicles. Constant use of sirens and multi-tone horns being above the noise standard
under the provisions of the Noise Pollution (Regulation and Control) Rules 2000 causes
immense hardship to common people and has serious effects on health.

Appellate Jurisdiction
The Tribunal under section 16 of the National Green Tribunal Act 2010 has appellate jurisdiction
regarding the orders or decisions under the enactments specified in Schedule I. Any person
aggrieved has the right to appeal against such a decision or direction. It is important to note that
the person aggrieved in environmental matters has been given a liberal construction and flexible
interpretation. In Vimal Bhai v. Ministry of Environment and Forests47 the NGT bench
comprising of Justices Ramulu and Agarwal stated “any person whether he is a resident of that
Particular area or not whether he is aggrieved and/or injured or not, can approach this tribunal.
In such situations, it is of course necessary to review the credentials of applicants/appellants as
to their true intentions and motives.'’ The NGT ruling came because of a challenge by three
environmentalists concerning the grant of an environmental clearance for the construction of a
dam for hydroelectric power across the river Alakhnanda in Chamoli district of Uttarkhand.

5.8 WHO CAN FILE AN APPLICATION OR AN APPEAL UNDER THE ACT?

The Act provides that an application for grant of relief or compensation or settlement of dispute
may be made to the Tribunal by —
a) any person who has sustained the injury; or
b) the owner of the property to which the damage has been caused or
46
Order dated 9 January 2013.
47
Order dated 14 December 2011.

Role of National Green Tribunal in Environment Protection Page 29

 c) all or any of the legal representatives of the deceased where death has resulted from the
environmental damage or
d) any agent duly authorized by such person or owner of such property or all or any of the
legal representatives of the deceased, as the case may be; or
e) Any person aggrieved; including any representative body or organization.
In addition, the Central Government or a State Government, or a Union Territory administration
or the Central Pollution Control Board or a State Pollution Control Board or a Pollution Control
Committee or a local Authority or any environmental authority constituted or established under
the Environment (Protection) Act, 1986 or any other law for the time in force, can also move the
Tribunal48.

The bench, in its liberal interpretation was guided by two reasons:

first, the inability of persons living in the area or vicinity of the proposed project to understand
the intrinsic scientific details and the effects of the ultimate project and any disaster it may cause
and thus the right to any citizen to approach the tribunal regardless of whether he is directly
affected by a developmental project or whether a resident of affected area or not;
Second, the subservience of statutory provisions of National Green Tribunal Act 2010 to the
Constitutional mandate of Article 51A (g) providing a fundamental duty of every citizen to
protect and improve the natural environment. The ‘aggrieved person’ as stated in Sections 16 and
18(2) of the National Green Tribunal Act 2010, cannot be placed above ‘every citizen’ as
appears in Article 51A of the Constitution of India. Thus, any person can approach the Tribunal
and complain of environmental threats because of the activities of the State or any organization
or individual under original and appellate jurisdiction.

5.9 THE JUDICIAL REMEDY UNDER THE ACT

The Act provides for various kinds of relief49. It says that the Tribunal may, by an order, provide
relief and compensation to the victims of pollution and other environmental damage arising
under the enactments specified in the Schedule-I to the Act, including accident occurring while
handling any hazardous substance.
48
Section 18(2), the National Green Tribunal Act, 2010.
49
Id., Section 15, the National Green Tribunal Act, 2010.

Role of National Green Tribunal in Environment Protection Page 30

It may also order the restitution of the property damaged and the restitution of the
environment for that areas as the Tribunal may think fit50. The relief under this Act is an
addition to the relief given under the Public Liability Insurance Act, 199151.

5.10 LIMITED TIME FRAME

The Act seeks to discourage delayed applications for relief. If stipulates that no application for
the above mentioned categories of relief would be entertained by the Tribunal unless it is made
within a period of five years from the date on which the cause for such relief first arose.
However, the Tribunal may allow further sixty days for the application to be filed if it is satisfied
that the applicant was prevented by sufficient cause from filing such application 52. The Act
obligates the claimants under the Act to intimate to the Tribunal about the application filed to, or
as the case may be, compensation or relief received from, any other court or authority 53. The Act
provides for no fault liability in case of claims involving an accident by authorizing the Tribunal
to apply the Principle of no fault54. The Act provides for an expeditious relief. It requires the
Tribunal to deal with the applications or, as the case may be, appeals, as expeditiously as
possible and obligates the Tribunal to endeavor to dispose of the application or, the case may be,
an appeal finally within six months from the date of filing the application, or, as the case may be,
the appeal, after providing the parties an opportunity to be heard55.
NGT has strictly construed the time limitation clauses in entertaining both the original and
appellate jurisdiction. The Tribunal cannot entertain the original application if it is not filed
within a period of six months from the date on which the cause of action for such dispute first
arose56 or appeal if it is not filed within thirty days from the date on which the order, decision, or
direction was communicated to the appellant 57. However, in both cases, where there is a
sufficient cause the Tribunal may allow a further period but not exceeding sixty days.

50
Id., Section 15(1).
51
Id, Section 15(2).
52
Id., Section 15(3).
53
Id., Section 15(5).
54
Id., Section 17(2).
55
Id., Section 18(3).
56
S. 14(3), the National Green Tribunal Act, 2010.
57
Id., S. 16.

Role of National Green Tribunal in Environment Protection Page 31

In Paryavarana Sanrakshan Sangarsh Samiti Lippa v. Union of India,58 the Tribunal explained
the scope of limitation with special emphasis on condonation of delay and sufficient cause. To
quote “the provision has been contemplated with the pious objective and in order to enable the
courts to do substantial justice to the parties by disposing of matters on merits. The expression
‘sufficient cause’ used by the legislature is adequately elastic to enable the court to apply the law
in a meaningful manner, which sub-serves the ends of justice. There cannot be a straightjacket
formula for accepting or rejecting explanations furnished for the delay caused in taking steps.
The tribunal on the question of limitation should not be hyper-technical.” The NGT in this case
condoned the period of limitation of thirty days as there appeared to be a sufficient cause in
filing an appeal against an order granting forest clearance for the construction of a hydro-electric
project in the state of Himachal Pradesh. The NGT found sufficient cause for entertaining an
appeal as the appellants lived in the interior of the Himachal Pradesh. They had travel and
communication difficulties regarding access to other parts of the country due to the remoteness
of the area and high costs of travel. The NGT was aware of the deteriorating situation in the
monsoon season often resulting in landslides in the hilly areas of Himachal Pradesh.

5.11 POWERS AND PROCEDURE OF THE TRIBUNAL

National Green Tribunal is not bound by the procedure laid down by Criminal Procedure Code
but is guided by the principles of natural justice59.
The NGT's rationale and judgments are guided by the principles of natural justice [PNJs]60.The
PNJs principles include the opportunity to be heard and the rule against bias and speaking orders.
They seek to prevent injustices and ensure administrative accountability. The violation of PNJs
has the effect of vitiating the administrative or quasijudicial action, thereby affecting the rights of
third parties. The Tribunal is often faced with issues wherein the statutory authority arrives at a
decision without providing the opportunity to be heard thereby adversely affecting the rights of
the people.
The case of M/s. Om Shakthi Engineering Works v. The Chairman Tamil Nadu Pollution Control
Board61 illustrates the point. The pollution board ordered the closure of the appellant's

58
Order dated 15 December 2011.
59
S. 19 (1), the National Green Tribunal Act, 2010.
60
Id., S.19 (1).
61
Order dated 10 April 2012.

Role of National Green Tribunal in Environment Protection Page 32

engineering workshop on the ground of noise pollution and also directed the electricity authority
to disconnect the electricity supply. The appellant was not served with notice nor offered a
hearing by the pollution board. The NGT cancelled the closure order and restored the electricity
supply as the action of pollution board violated the PNJs and reflected arbitrariness and
unreasonableness.
It has the power to regulate its own procedure 62 and is not bound by the Indian Evidence Act,
187263. Thus, it will be relatively easier (as opposed to approaching a court) for conservation
groups to present facts and issues before the NGT, including pointing out technical flaws in a
project, or proposing alternatives that could minimize environmental damage but which have not
been considered.
National Green Tribunal can exercise powers of a Civil Court64. It can summon people, enforce
attendance and examine on oath. It can also receive evidence it can also receive evidence on
affidavits and decide matters ex-parte. It also has the power to grant interim orders, injunctions
or stay.
The Civil Court has been given the responsibility to execute the order or award made by the
NGT. Any payment or deposit of the amount directed by the NGT, as award, shall be
recoverable as arrears of land revenue or of public demand.
The decision taken by the NGT, by majority, shall be binding 65. Nevertheless, an aggrieved
person can make an application Review of a decision or Order of the NGT, under Rule 22 of the
NGT Rules. If this fails, an appeal can be made to the Supreme Court against the order of the
NGT within 90 days66.

5.12 FUNDAMENTAL PRINCIPLES

The NGT is mandated to pass orders, decisions, or awards in conformity with the principles of
sustainable development, precautionary and polluter pays67.

62
S. 19 (2), the National Green Tribunal Act, 2010.
63
Id., S. 19 (3).
64
Id., S. 19 (4).
65
Id., S.21 (1).
66
Id., S. 22.
67
S. 20, the National Green Tribunal Act, 2010.

Role of National Green Tribunal in Environment Protection Page 33

In Jeet Singh Kanwar v. Union of India,68 the issue before the NGT was the application of the
precautionary principle and sustainable development to the grant of environmental clearance to
the proposal for the installation and operation of a coal based thermal power plant in the State of
Chhattisgarh. Explaining the scope of sustainable development, the Tribunal observed, “The
concept is an exercise of balancing the industrial activity with environment protection. The
balancing act requires proper evaluation of both the aspects, namely, degree of environmental
degradation, which may occur due to the industrial activity and degree of economic growth to be
achieved. It is well settled that the person who wants to change the status quo has to discharge
burden of proof to establish that the proposed development is of sustainable nature”.
Sustainable development, thus, aims to strike a balance between development and environment
protection to facilitate economic growth as well to secure adequate adherence to the cause of
environment. The principle of sustainable development takes within its ambit the precautionary
principle. The precautionary principle requires the authority to examine probability of
environmental degradation that may occur and result into damage. It involves taking preventive
measures, which would ensure no irretrievable damage to the environment is caused.
Applying the facts of Kanwar’s case, the Tribunal was of the opinion that it was necessary to
examine the validity of the project as the installation of the proposed thermal plant based on
consumption of coal, as fuel would cause additional pollution to the surrounding areas. Such a
possibility called for caution and the application of the precautionary principle. Thus, the
Tribunal decided that the environmental clearance was improperly granted, as there was failure
to apply the principles of sustainable development and precaution in order to avoid future
disaster or irreversible environmental degradation.
These principles were again applied in Janajagrithi Samiti v. Union of India69.The NGT directed
the Karnataka Power Transmission Corporation Limited not to fell trees nor to destroy the bio-
diversity in the 8.3 kilometer stretch belonging to Baller reserve forest of Western Ghats in
Chikmagalur District in order to erect 400 KV double circuit transmission lines. The Tribunal
considered irreparable loss would occur within the rich and rare bio-diversity of the Western
Ghats and cause restrictions in habitat connectivity and the corridor values of the forest.
The fine but challenging balance between economic development on one hand and protection of
the environment by the application of the fundamental principles is also illustrated by the case of
68
Order dated 16 April 2013.
69
Order dated 7 March 2012.

Role of National Green Tribunal in Environment Protection Page 34

B B Nalwade v. Ministry of Environment and Forests,70 the Tribunal upheld the grant of
environmental clearance for a coal based thermal power plant on the grounds that all necessary
scientific studies and statistical information were taken into account regarding the viability of the
project and its impact on the environment. Precautionary measures were undertaken while
granting the environmental clearance. Accordingly, the NGT observed, “production of electricity
is very essential for industrial growth apart from domestic need. In the light of the existing power
scenario in the country, the project under consideration when operated within the eco-legal
framework may contribute significantly to sustainable industrial development in the area under
consideration. Therefore, the project under consideration does not violate the principle of
sustainable development”.
These judgments reflect the commitment of the NGT to seek a symbiotic relationship between
development and the environment. Adopting a pragmatic approach encourages two commonly
perceived competing value systems to operate harmoniously, supported by the application of the
doctrine of sustainable development.

5.13 FINE FOR FALSE OR VEXATIOUS CLAIMS

Section 23 (2) of the legislation is included to stop false or vexatious claims. The Green Tribunal
can also award cost for filing false or vexatious claims. The issue of cost to be awarded against
losing party will act as a deterrent for the affected people in approaching Tribunal.
The Tribunal has the power to issue cost orders 71 as it considers necessary, including where the
claim is not maintainable or is false or vexatious 72. In B. Prajapathi v. Ministry of Environment
and Forests73 the NGT imposed a cost of Rs.50, 000/- [£5,000] against the appellant who
engaged in litigation that was motivated by frivolous considerations and amounted to the abuse
of the tribunal process. The Tribunal observed, “The Tribunal is expected to ensure effective
environmental management and conservation, give relief and compensation for damages to
persons and property and connected matters, and at the same time ensure sustainable
development. In this regard, the jurisdiction of the tribunal should not be invoked for frivolous

70
Order dated 29 November 2011.
71
S.23 (1), the National Green Tribunal Act, 2010.
72
Id., S. 23(2).
73
Order dated 20th January 2012.

Role of National Green Tribunal in Environment Protection Page 35

litigation that unnecessarily consumed the time of the tribunal without serving the purpose for
which the tribunal was constituted”.

5.14 PENALTY FOR NON – COMPLIANCE

For non-compliance with the orders of the NGT, there is a punishment of 3 years of
imprisonment or a fine of not more than 10crore rupees, or both. If non-compliance continues,
there is an additional fine of 25000 rupees per day74.
For companies the fine can be 25crore rupees with additional fine of 1lac rupees per day 75. This
is a commendable inclusion in the Act and at least it will instill sense of fear among higher
officials of company to pay due attention to environmental performance of their company.

5.15 BAR OF JURISDICTION

Civil courts cannot entertain any disputes that fall under the jurisdiction of the NGT and no
sanction can be granted by any civil court with reference to any action or order of the NGT. Civil
Court’s jurisdiction is debarred to hear appeals in cases, which are appealable before the NGT76.

5.16 CONCLUSION
For a country that has faced one of the world’s most horrifying industrial disasters, setting up a
body like the Green Tribunal obviously seems to be an excellent idea. Although the Act is still
facing a lot of criticism, yet its basic framework appears reassuring and it is hard to say that it is
not the step in the right direction. It would bring about the much-needed reform in the way the
courts deal with environmental issues and the way people perceive environmental damage.
With the introduction of a legal system that supports and encourages environmental justice, the
green tribunal shall make India a role model for its neighboring nations of South – East Asia.

74
S. 26 (1), the National Green Tribunal Act, 2010
75
Id., S. 26(2).
76
Id., S. 29.

Role of National Green Tribunal in Environment Protection Page 36

 Chapter - 6

JUDICIAL PRONOUNCEMENTS

6.1 INTRODUCTION
The National Green Tribunal, established in 2010, has in the short term since its establishment
strongly influenced environmental litigation in India. Unlike its predecessor the National
Environment Appellate Authority, its five benches have wide-ranging powers to adjudicate upon
any dispute that involves questions of importance to the environment. This power coupled with
technical expertise has exponentially strengthened the environmental protection regime in the
country. In a number of decisions, the Tribunal has proved its efficiency in resolving
environmental disputes. The NGT has given some powerful judgments in the recent years, which
have strengthened the process of obtaining environmental clearances (‘EC’).

6.2 LANDMARK JUDGMENTS

YAMUNA CLEANING CASE

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Manoj Misra
v.
Union of India77

Original Application No. 6 of 2012, M.A. Nos. 967/2013, 275/2014 and Original Application
No. 300 of 2013, M.A. Nos. 877/2013, 49, 88 and 570/2014

In the year 1994, in furtherance to a news item published in Hindustan Times titled 'And Quite
Flows the Maily Yamuna', the Hon'ble Supreme Court of India issued suo moto notice to various
authorities. Since 1994, the Hon'ble Supreme Court has passed various orders with one object in

77
Order dated 13.01.2015.

Role of National Green Tribunal in Environment Protection Page 37

mind, that, the 'Maily Yamuna' should be converted into salubrious and pristine Yamuna and its
water in the entire region, at least from Hathnikund in Haryana, to the Monitoring Station at Taj
Mahal, Agra, should be least polluted. However, nothing mentionable was achieved for
prevention, control and restoration of River Yamuna.

The Hon'ble Supreme Court then proceeded to pass certain directions, with the hope that the
authorities would take adequate and appropriate steps to attain the object of making Yamuna
clean and healthy. The Supreme Court was of the view that “Experience has shown that
authorities lacked requisite will to execute the orders, plans and schemes sincerely and
effectively, which has resulted in turning Yamuna, particularly, in this section into a drain
carrying sewage, domestic waste as well as industrial and trade effluents. The State
instrumentalities and authorities have failed to discharge their Constitutional and statutory
duties, while citizens have failed to discharge their Fundamental Duty to protect the
environment, particularly in relation to River Yamuna…………… The authorities, as well as the
people of Delhi owe a Fundamental Duty to do everything in their power to ensure restoration of
River Yamuna to its natural flow and tranquility. Thus, there is dire need to take stringent and
effective steps, with a determined mind, to ensure that none fails in performance of their
respective functions, duties and obligations to achieve the ultimate goal of converting 'Maily
Yamuna' into 'Nirmal Yamuna' under the project 'Maily Se Nirmal Yamuna' Revitalization Plan,
2017.”

Factual Matrix of the Case

The applications have been instituted under Sections 14 and 15 read with Section 18(1) of the
National Green Tribunal Act, 2010. The application reverts that River Yamuna is not only a
sacred river of India, but also an aquatic lifeline for millions of people and a large number of
them depend on it for sustenance. Various studies and data have revealed the fact that River
Yamuna is critically threatened by unrelenting encroachments on its flood plain and by
increasing population load, emanating as much as from domestic refuse, as from the agricultural
practices in the flood plains and industrial effluents from the catchment area draining into
Yamuna. The flood plains and riverbed of Yamuna are under increasing pressure of alternative

Role of National Green Tribunal in Environment Protection Page 38

land use for various purposes, which are driven primarily by growth of economy at the cost of
the river's integrity as an eco-system. The applicants strive to protect River Yamuna.

The primary subject matter of the Original Application78 is the recent encroachment and dumping
of building debris and other solid waste in the river bed/flood plain and even into the natural
water body of River Yamuna.

According to the applicant, the right to a clean and healthy environment for the inhabitants of the
area and the entire Delhi for that matter is violated. The authorities have miserably failed to
discharge their duties to protect the River Yamuna, its riverbed, flood plain and wildlife, in and
around the river, from being polluted and being adversely affected. This is a clear violation of the
rights of the public at large in terms of Article 21 of the Constitution of India. There is a clear
constitutional mandate that not only requires the State to endure to safeguard environment and
wildlife, but, also the citizens to improve the natural environment including forest, lake, river,
etc. The present case, according to the applicant, is a glaring example of total failure of both the
constitutional obligation of the State and fundamental duty by the citizens under Articles 48A
and 51A (g) respectively of the Constitution of India.

The applicant has prayed in Original Application 79 that all the debris and other solid waste
dumped in the river bed should be directed to be removed and the natural water body be restored
to its original form. The authority should be directed to take appropriate steps for preventing the
dumping of debris on the river bed and for taking all other steps that may be necessary in that
behalf.

HELD

The Tribunal accepted both the reports filed by the Expert Committees: first report dated 19th
April, 2014, on the aspects of preservation, restoration and beautification of the banks of River
Yamuna and the second report dated 13th October, 2014, in relation to drainage system in Delhi,
together with the Action Plan prepared by the Delhi Jal Board (DJB) for revitalization of River
Yamuna. Both these reports shall form integral part of this judgment. All the concerned
authorities of NCT of Delhi, State of UP and State of Haryana shall implement the same without
78
No. 6 of 2012.
79
Ibid.

Role of National Green Tribunal in Environment Protection Page 39

demur and default, expeditiously. The entire project contemplated under these reports and this
judgment of the Tribunal shall be completed by 31st March, 2017.

This project shall be called 'Maily Se Nirmal Yamuna' Revitalization Project, 2017.

It is an established fact that presently, vegetables, fodder grown and allied projects at the flood
plain of River Yamuna are highly contaminated. Besides containing ingredients of high
pollutants, such produce is even found to contain metallic pollutants. Thus, it is an indirect but a
serious public health issue as the persons eating or using such agricultural produce can suffer
from serious diseases including cancer.

Therefore, the Tribunal directed that no authority shall permit and no person shall carryout, any
edible crops/fodder cultivation on the Flood Plain. This direction shall strictly be adhered to till
Yamuna is made pollution free and is restored to its natural wholesomeness.

Indiscriminate dumping of debris and construction waste is a direct source of not only pollution
of River Yamuna, but also even the environment and ecology as a whole. In order to control and
prevent such pollution, with the variation in payment of amount of compensation payable by the
offender and directed that no person, authority, corporation and/or by whatever name or
designation it is called, shall dump any kind of construction debris, municipal, or any other waste
on the floodplain/river bed of River Yamuna and its associated water bodies. There shall be
complete prohibition on dumping of any material in and around River Yamuna. Whoever
violates the direction of the Tribunal relating to the dumping of debris, shall be liable to pay
compensation of Rs. 50,000/- on the 'Polluter Pays' Principle and the Precautionary Principle.
Such compensation shall be used for removal of such waste and restoration of environment.

Further, the Tribunal prohibited any person from throwing pooja material or any other material
like, food-grain, oil, etc. into River Yamuna, except on the designated site. Any person who is
found disobeying this direction shall be liable to pay compensation of Rs. 5,000/- on the 'Polluter
Pays' Principle. At the same time, the Tribunal directed the concerned authorities, particularly,
the Irrigation Department and concerned Corporations or authorities to build special Ghats on the
banks of River Yamuna, where people could offer or immerse such materials, which shall then
be duly collected by the concerned authorities for immediate and proper disposal in a scientific
manner. It shall be ensured that no such material is permitted to join the main stream of the river

Role of National Green Tribunal in Environment Protection Page 40

at any point. In this regard they may take such steps, as may be technically advised, including,
providing of screens and barricades.

Role of National Green Tribunal in Environment Protection Page 41

 National Green Tribunal Principal Bench, New Delhi

Goa Foundation and Peaceful Society

v.
Union of India and Ors.80

M.A. No. 49 of 2013 in Application No. 26 of 2012

FACTS
Applicant was filed for protection of ecology in Western Ghats and for relief that Respondents
be directed not to issue any consent/environmental clearance or permission under different laws
within Western Ghats areas.
It has been urged on behalf of the applicant that Western Ghats are second only to the Eastern
Himalayas as a treasure trove of biological diversity in India, originally recognized as among the
several global "hotspots of biodiversity". The Western Ghats along its geographical extension in
the wet zone of Sri Lanka are now also considered one of the eight "hottest hotspots" of
biodiversity.
Moreover, Respondents should discharge their obligation as provided in 2010 Act for
preservation and protection of Western Ghats.
The question arose before the Tribunal was ‘whether present Application was maintainable
before Tribunal or not?’

HELD
The Tribunal held that 'all civil cases', 'substantial question relating to environment' and 'disputes'
were expressions of wide connotation and had to be liberally construed to achieve object of 2010
Act. Once legislature had used such expressions of wide connotation intentionally and intended
to enlarge scope of Act to consider all civil cases raising question of environment then by
process of interpretation, it would not be permissible to restrict that jurisdiction that springs from
such legislative intent. In civil case, which raise question relating to environment, Tribunal

80
2014(4) FLT60.

Role of National Green Tribunal in Environment Protection Page 42

should have jurisdiction to decide disputes arising out of such question. Therefore, there was no
need to carve out any exception for exclusion, which was not spelt out by legislature itself.
There was statutory obligation upon State to protect environment and ecology of these Western
Ghats and to ensure that they were not degraded to harm public and environment at large.
However if Tribunal on merits was satisfied, nothing prevent Tribunal from issuing appropriate
directions in terms of Section 5 of 1986 Act for State to discharge its statutory obligations.
Applicant had been able to make case of non-performance of statutory obligation by State and
other authorities concerned and that of need for preventing degradation of environment and
ecology of Western Ghats under precautionary principle. The applicant has a legal right to
approach the Tribunal and pray for relief within the scheme of the NGT Act. He is neither
expected to show any personal injury nor any actual damage to the environment. The applicant
raises substantial question relating to environment with reference to the Western Ghats. Right to
life includes right to environment within the meaning of Article 21 of the Constitution of India.
To ensure that the environment is not degraded, it is the legal right of any person to raise issues
arising from the Constitutional mandate and or even the provisions of the Environment Act.
Applicant raise substantial question relating to environment with reference to Western Ghats.
Therefore, it was not accepted that present Application raised neither any dispute nor substantial
question of environment. Hence, present Application was maintainable before Tribunal.
Ratio Decidendi
"There is statutory obligation upon State to protect environment and to ensure that they are not
degraded so as to harm public and environment at large."

Role of National Green Tribunal in Environment Protection Page 43

 GOA FOUNDATION CASE

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Goa Foundation
v.
Union of India81

Original Application No. 26 of 2012 (M.A. Nos. 868/2013, 47 & 291/2014)

Applicant No. 1 is a registered society while the Applicant No. 2 is its principal convener.
They both claim to have participated in the 'Save Western Ghats March' on several occasions
and in various aspects. According to them, they are responsible for certain landmark events in
the environmental activism. Both these applicants have approached the Tribunal with the
following prayers:
i. Direct the Respondents not to issue any consent/Environment
Clearance/NOC/Permission under the Environment (Protection) Act, 1986,
Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and
Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980 and the
Biological Diversity Act, 2002 within the Western Ghats area in respect of
areas which have been demarcated as ESZ1 and ESZ2 as mentioned in Para
No. 19 above;
ii. Pass such order/s as this Hon'ble Tribunal may feel fit and proper in the facts
and circumstance of the case.
iii. To direct the Respondents to discharge their obligations by exercise of the
powers conferred upon them under the respective enactments mentioned in
Schedule I of the NGT Act, 2010 for protection and preservation of Western
Ghats in the framework as enunciated by the WGEEP in its report dated
31.08.2011."

81
Order dated 25.09.2014.

Role of National Green Tribunal in Environment Protection Page 44

These prayers are founded on the premise that the Western Ghats cover States like Gujarat,
Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu. Nearly 44 districts fall under the eco-
sensitive area of the Western Ghats. The areas of Western Ghats have subjected to a rapid
erosion of natural capital with the building up of manmade capital, regrettably imposing
excessive accepted unnecessary environmental damage in the process, accompanied by a
degradation of social capital as well.
It is the duty expected of the MoEF to maintain the environmental tranquility and ecology of
the areas under consideration, in the condition, as they exist today and not to allow irreversible
alteration of the areas in question by granting Environmental Clearance or permitting
activities, which would have an adverse impact on the eco-sensitive areas.
We may also notice that on behalf of the State of Kerala, it was specifically contended before
us that they have already submitted not only their objections but also even their physical
measurements of the area that could be declared as "eco-sensitive area" and the matter is
pending with the MoEF now for a considerable time. All that we can direct is that this matter
should also be dealt with by the MoEF with utmost expeditiousness. It will be obviously open
to the MoEF to declare the ecologically sensitive areas, State-wise or collectively, for the
entire Western Ghats, which is relatable to all six, the states afore-indicated.

Role of National Green Tribunal in Environment Protection Page 45

 SAND MAFIA CASE

NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

AWAAZ Foundation and Sumaira Abdulali v. State of Maharashtra and Ors.82

Application No. 34(THC)/2013(WZ)

The applicants raised issues pertaining to illegal extraction of sand from Sea belt in blatant
violation of CRZ Notification of 1991, illegal dredging activities in the coastal and River areas,
of the State of Maharashtra, inaction on part of the authorities to control the illegal activities of
illegal sand mining/dredging of sand, transportation thereof.
By order dated October 11th, 2013, Hon'ble High Court of Judicature, at Bombay was pleased to
transfer the Writ Petition (PIL) No. 138 of 2006 to the National Green Tribunal along with the
Civil Application filed therein. The Application falls within ambit of Section 14, 15 and 18 of the
National Green Tribunal Act, 2010 and is accordingly entertained by this Tribunal.

FACTS
In exercise of powers under S.3 of the Environment (Protection) Act 1986 and Rule 5(d) of the
Environment (Protection) Rules 1986, the Ministry of Environment and Finance (MoEF) issued
CRZ Notification dated February 19th, 1991 declaring some Coastal Stretches of seas, bays,
estuaries creeks, rivers and backwater as Coastal Regulation Zones (CRZ) for the purpose of
controlling certain categories of activities within the said area.
State of Maharashtra prepared a Coastal Zone Management Plan (CZMP) as required under the
said CRZ Notification, which was approved by the competent authority. One of the activity is
absolutely prohibited under the CRZ Notification is mining of sand, rocks and other substrata
materials. Sand Mining and dredging of the Seabed has become a huge commercial activity
along the coastal areas in the State of Maharashtra. The unbridled, uncontrolled and rampant
dredging of sea, dredging of Rivers for extraction of sand is being carried out in violation of
CRZ Notification and other statutory provisions. A large number of sand mafias are indulging in

82
Order dated 29.05.2014.

Role of National Green Tribunal in Environment Protection Page 46

such business, which is causing damage to the environment, ecology and the flora and fauna. The
gangs of sand mafias have encroached on various spots of the creeks, tidal water, estuaries and
stretches of seabeds for the purpose of sand mining/dredging as well as transportation thereof.
Unabated sand, dredging/mining activities would lead to damage to mangroves, marine life,
interference with natural tidal flow of seawater on and along creeks and back water/estuaries.
The life of environment activists in the area is endangered due to illegal activities of the sand
mafias. The growing business of sand required for construction work is main cause of the
uncontrolled and huge extraction of sand from the coastal stretches, seabed’s, creeks and other
areas by committing blatant violation of the CRZ Notification. The illegality committed by the
gangs of Sand Mafias is being overlooked or the concerned officers have developed soft attitude
towards them due to their internal connivance with each other’s.

HELD
The Tribunal allowed the application and issued the following guidelines:
The extraction of the sand from coastal area by manual method may be permitted but the
quantification of such sand shall be set out and if so required, the same traditional fishermen, if
can be found eligible may be assigned the work of "maintenance dredging without use of
mechanical equipment’s in the channels which are required to be cleared.
The sand extracted from the channels, which are to be cleared/already cleared by dredging, shall
not be allowed to transport by any transport vehicle within HTL area. Thus, all the transport
vehicles shall be parked only at approved designated locations marked by the Maharashtra
Maritime Board or concerned MB and regulated by the MMB.
The contractors to whom the work for clearance of the channel is given on contract basis shall be
allowed to use dredgers only during daytime between 11.00 a.m. to 4.00 p.m. The transportation
vehicles also shall not be permitted to be used beyond the day time and in any case the same
shall not be allowed to be parked in the CRZ areas, I, II or III between 6 p.m. to 6.00 a.m.
Collector may act as co-coordinator over auctioning process and controller for the activities, so
also for collecting the revenue after 'e' auction sale of the sand so extracted. The sand shall
become property of the Contractors only after it is transported beyond the CRZ areas and till then
it will be under the domain of the Maharashtra Maritime Board.

Role of National Green Tribunal in Environment Protection Page 47

 POSCO CASE

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Prafulla Samantray Lohiya Academy and Biranchi Samantray Village Dhinkia, Kujang
Jagatsingpur, Orissa
v.
Union of India Through the Secretary Ministry of Environment & Forests , Orissa State
Pollution Control Board Through the Member Secretary ,Orissa and M/S Posco India Pvt.
Ltd. Through the General Manager New Delhi83

Appeal No. 8/2011

FACTS
An appeal is filed against the final order dated 31.1.2011 of the Ministry of Environment &
Forests, imposing additional conditions to the Environmental Clearances (ECs) in respect of (i)
steel cum captive power plant project and (ii) captive minor port project of M/s POSCO India
during the year 2007.
According to the Appellant No. 1, had sent detailed objections in writing to the Orissa State
Pollution Control Board (OSPCB) even prior to the Public Hearing (PH) held on 15.4.2007 with
regard to the present project i.e. POSCO.
The Appellant No. 2 is a resident of Dhinkia in Kujang District and a marginal farmer is directly
affected by the proposed project as the same will require a takeover of his land on which he and
his family carry out paddy cultivation and 'paan-kheti' (betel vine cultivation). He has been
protesting against the proposed POSCO project and apprehends loss of livelihood and adverse
impact on environment and agriculture and water resources because of setting up of the project.
According to the Appellants, the main components of the project, for which a Memorandum of
Understanding (MOU) was made was for setting up an integrated steel plant with captive port
with the total capacity of 12 million tons per annum at Paradip in Jagatsinhpur district of Orissa
wherein an estimated investment of Rs. 51,000/-crore (approximately 12 million US Dollars).

83
Order dated 30.03.2012.

Role of National Green Tribunal in Environment Protection Page 48

As per the MOU, the Government of Orissa agreed to facilitate and use its best efforts to enable
the Project Proponent (POSCO) to obtain a 'No Objection' through the State Pollution Control
Board in the minimum time possible. It is also mentioned that the Project Proponent will conduct
a rapid Environment Impact Assessment (EIA) and prepare a detailed EIA report and an
environment management plan for the project. Further, it is stated that the Government of Orissa
agreed to use its best efforts to procure the grant of all environmental approvals and forest
clearance from the Central Government within the minimum possible time.
The manner in which the entire appraisal starting from preparation of EIA report to conduct of
PH to examination by the respective Expert Appraisal Committee (EAC) of Ministry of
Environment and Forests (MOEF) for Industries and Infrastructure respectively was done,
including the reappraisal in the year 2010 based on the findings of Review Committee
constituted for the purpose and subsequently the issuance of final order regarding ECs shows that
the provisions of EIA Notification 2006 were not followed in letter and spirit. The MOEF and
particularly the respective EACs failed to consider the environmental and social implications of
such a large project and relied mainly on the assurances given by the project proponent.

HELD
The MOEF shall consider optimizing the total land requirement for 4 MTPA Steel plant
proportionately instead of allotting entire land required for 12 MTPA steel plants, which is an
uncertain contingency.
The MOEF shall consider feasibility of insisting upon every major industry that requires large
quantity of water to have creation of its own water resource facility rather than using/ diverting
the water that is being meant for drinking/ irrigation purposes.
It is desirable that the MOEF shall establish clear guidelines/directives for project developers
that they need to apply for a single EC alone if it involves components that are essential part to
the main industry such as the present case where main industry is the Steel plant, but it involves
major components of port, captive power plant, residential complex, water supply, etc.
It is desirable that MOEF shall undertake a study on Strategic Environmental Assessment for
establishment of number of ports all along the coastline of Orissa with due consideration to the
issues related to biodiversity, risks associated, etc.

Role of National Green Tribunal in Environment Protection Page 49

It is also desirable that MOEF shall take a policy decision that in large projects like POSCO
where MOUs are signed for large capacities and up scaling, is to be done within a few years, the
EIA right from the beginning should be assessed for the full capacity and EC granted on this
basis.

Role of National Green Tribunal in Environment Protection Page 50

 BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Vardhaman Kaushik
v.
Union of India & Ors. And Sanjay Kulshrestha Vs. Union of India & Ors.84

In this case, Court took cognizance of the growing pollution levels in Delhi. It directed a
Committee to prepare an action plan and in the interim, directed that vehicles more than 15 years
old not be allowed to ply or be parked on the roads.
It was reported to the Tribunal that as many as 80,000 trucks enter Delhi every night and
sleeping population is compelled to inhale high particulate matters resulting in serious health
hazards as diesel fuel can damage the lungs, brain and even cause cancer. It has been pointed out
that diesel is the prime source for bringing serious air pollution in Delhi particularly and children
are even finding it difficult to breathe. The situation is so alarming that medically it is being
advised that for recovery, people should leave Delhi.
The question that arises before the Tribunal was, what the resident of Delhi are most concerned
is, what the principle of inter-generational equity requires of the present/by Governing and the
ones who are being Governed.
There are three serious pollutants of air . Firstly, burning of plastic and other wastes including
Agriculture or Horticulture waste in open. Secondly, pollution resulting from construction and
other allied activities emitting heavy dust contained in the air. Thirdly, Pollution resulting from
vehicular traffic and industrial emission.
The Tribunal had passed diverse directions for preventing and controlling pollution and for
improvement of the air quality in Delhi with regard to all the three major sources of air pollution.
Unfortunately, the implementation remains question of concern.
The studies have established that the diesel vehicles are major source of pollution and major
cause for deteriorating ambient air quality. The studies as indicated in the news reports are not
the only material before the Tribunal.

84
Original Application No. 95 of 2014.

Role of National Green Tribunal in Environment Protection Page 51

The Tribunal has noticed that certain stringent measures need to be taken to improve the ambient
air quality in NCR, Delhi and to ensure that the residents of this area do not travel closer to ill
health by each breath that they take. Thus, the Tribunal directed that not all diesel vehicles
(heavy or light) which are more than 10 years old, will be permitted on the roads of NCR, Delhi.
All the registering authorities in the state of Haryana, U.P. and NCT, Delhi would not register
any diesel vehicle, which is more than 10 years old, and shall file the list of vehicles before the
Tribunal and provide the same to the Police and other concerned authorities. Petrol vehicles,
which are more than 15 years old and diesel vehicles that are more than 10 years old shall not be
registered in the NCR, Delhi.
NGT further ordered that that a web portal and a special task force be created; that sufficient space
for two way conveyance be left on all market- roads in Delhi; that cycle tracks be constructed;
that overloaded trucks and defunct buses not be allowed to ply; that air purifiers and automatic
censors be installed in appropriate locations 85. In further orders in the next hearing, it directed
that a fine of Rs. 1000 be levied on all cars parked on metaled roads and that multi-level parking
be construed in appropriate areas86.

85
Vide order dated 26-11-2014.
86
Vide order dated 19-1-2015.

Role of National Green Tribunal in Environment Protection Page 52

 OKHLA BIRD SANCTUARY CASE

BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Amit Kumar
v.
Union of India &Ors.87

Application No. 158 of 2013.

In this case, application was filed to prevent illegal and unauthorized construction work
undertaken by the developers within 10 km radius of the Okhla Bird Sanctuary, apart from
directing initiation of criminal proceedings against the developers who have started construction
work within 10 km radius of the Okhla Bird Sanctuary, without prior clearance from the National
Board for Wild Life.
Subsequently, NGT directs NOIDA to identify the builders who have undertaken construction
within 10 km radius of the Okhla Bird Sanctuary. Order also mentions that if construction work
is found to be going on within 10 km radius without proper EC or in contravention of the same, it
shall be immediately stopped.
Preliminary inspection report submitted by NOIDA. Report notes that six out of 55 projects are
outside the 10 km radius. Counsel says that for rest 49, they have obtained the necessary
clearance and, therefore, there is no restriction on them from proceeding with the construction.
NGT asks for detailed report. Also says that order-restraining construction without proper
clearance shall be implemented and no further construction should be carried on with respect to
the 49 projects.
Following submissions by NOIDA, it is noted that out of the 49 builders' projects within 10 km
radius, for seven no project construction has started as the layout and building plans were yet to
be sanctioned by the authority.  Fifteen projects are completed and completion certificates
issued. For 25, EC has been received and two projects do not require EC as they are 0.6 and 0.8
hectares respectively.

87
Order dated 30.05.2014.

Role of National Green Tribunal in Environment Protection Page 53

NGT stopped construction activity within 10 km radius of the Okhla sanctuary in Noida. Later,
Noida authority was further prevented from giving completion certificates to construction
projects falling within the prescribed area by the tribunal. In the interim order of October, the
NGT also said “all constructions within 10 km radius of the Okhla Bird Sanctuary or within
distance of eco-sensitive zone, as may be prescribed by the notification issued by Ministry of
Environment and Forests, shall be subject to the decision of the NBWL”. The order noted that till
the time the clearance of NBWL is obtained, the concerned authority shall not issue completion
certificates to the projects.
NGT continued with restriction on construction activities, and restricts issuance of completion
certificate to developments within 10 km radius of the sanctuary.
NGT reiterated its previous order and directed MoEF&CC and the Uttar Pradesh government to
notify ESZ around the sanctuary.
Though NGT stopped all projects within a radius of 10 km from the sanctuary in Noida, it did
not give any direction for projects in Delhi or Haryana. The bench has, however, asked the Delhi
and the Haryana governments to submit proposals on notification of eco-sensitive zones.

Role of National Green Tribunal in Environment Protection Page 54

 NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Jeet Singh Kanwar

v.
Union of India88
Appeal No. 10 of 2011

In this case, the petitioners challenged the environmental clearance given to the respondents’
proposal to install and operate a coal-fired power plant. The petitioners argued that the mandate
of the various guidelines in the Public Consultation Process89 had not been complied with and
had even been flouted in granting the clearance. Neither the executive summary of the EIA
report in vernacular language nor the full EIA report had been made available, as required, 30
days prior to the scheduled date of public hearing. The NGT observed that according to the
precautionary principle, the environment clearance should not have been granted by the MoEF.
Moreover, it observed that the economic benefits of the project would have to defer to the
environment if the project involved continuing and excessive degradation of the environment.
The Tribunal further pointed out that the impugned order of the MoEF granting environmental
clearance to the power plant was illegal and liable to be quashed.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Adivasi Majdoor Kisan Ekta Sangthan

v.
Ministry of Environment and Forests90
Appeal Number 3 of 2011
In this case, the petitioner challenged the environmental clearance granted by the Ministry of
Environment and Forests to Gare—IV/6 Coal Mining Project (4 MTPA) and Pithead Coal
Washery (4 MTPA) of Jindal Steel and Power Limited located in the Raigarh District of
88
Order dated 16-4-2013.
89
Vide Environmental Impact Assessment (EIA) Notification dated 14-9-2006 issued by the MoEF.
90
Order dated 20-4-2012.

Role of National Green Tribunal in Environment Protection Page 55

Chhattisgarh. The petitioners argued that the environmental clearance had been granted to the
project without properly conducting a public hearing as stipulated by the EIA Notification 2006.
The NGT observed while giving its order that this was not a case where there had been a few
insignificant procedural lapses in conducting the public hearing. This was, rather, a mockery of a
public hearing, one of the essential parts in the process of deciding whether to grant an
environmental clearance. It was, in fact, a classic example of violation of the rules and the
principles of natural justice.
Accordingly, the Tribunal considered it appropriate to declare that the public hearing conducted
in the case was invalid.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Sudiep Shrivastava

v.
State of Chhattisgarh91
Appeal No. 73 of 2012

In this case, the Principal Bench in March 2013 related to the diversion of forests in the Tara,
Parsa and PEKB coal blocks. The Forest Advisory Committee (‘FAC’) had rejected the proposal
in its recommendations to the Central Government; however, the latter went against the
recommendations and gave its approval. In the instant matter, the tribunal scrutinized not only
the validity of the Government’s rejection but also the report submitted by the FAC.
Section 2 of the Forest (Conservation) Act, 1980 (hereinafter referred to as the ‘FC Act’) spells
out the role of the Central Government in the matter of granting prior approval to the State
Governments’ proposals for use of forestland for non-forest purposes. Section 3 of the FC Act
further reveals that the Forest Advisory Committee is the creation of the Central Government
made for seeking advice in the matters connected with the grant of approval under Section 2 of
the FC Act and connected with forest conservation. The FAC is expected to give an informed,

91
Order dated 24-3-2014.

Role of National Green Tribunal in Environment Protection Page 56

non-arbitrary decision. While tendering the advice, the Committee may also suggest any
conditions or restrictions on the use of any forestland for any non-forest purpose, which in its
opinion, would minimize adverse environmental impact. Examining the report of the FAC in
light of the Wednesbury principle of reasonableness, it was noted that instances of human-
wildlife conflict had not been examined by the FAC. Therefore, it was held that it had ignored a
very relevant material, which it should have taken into consideration, and thus the report itself
was arbitrary.
In the same case, the Central Government’s authority to act against the recommendations was
also examined. Specifically the question that arose was whether the advice rendered by FAC was
to be followed by the Central Government. The tribunal averred that ‘advice’, read in its ordinary
and grammatical sense, would not make it binding stricto sensu on the Central Government.
However, the Central Government remains under an obligation to duly consider the advice of the
FAC and pass a reasoned order either accepting with or without condition or rejecting the same
based on facts, studies and such other authoritative material, if necessary gathered from further
enquiry. The tribunal finally asked the Government to reconsider the entire matter afresh in
accordance with law.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

M.P. Patil
v.
Union of India92
Appeal Number 12 of 2012

In this case, the Tribunal examined the details of the basis on which environmental clearance
was obtained by the National Thermal Power Corporation Ltd (‘NTPC’). It was found that
NTPC was guilty of misrepresenting facts to obtain the EC.
Additionally in this case the tribunal stressed on the importance of a Rehabilitation and
Resettlement Policy that adequately took into consideration the needs of those affected by the

92
Order dated 13-3-2014.

Role of National Green Tribunal in Environment Protection Page 57

project. In determining who would fall within the ambit of such persons, the tribunal chose an
expansive definition instead of restricting it only to the landowners in the region. Finally, it was
reiterated that the burden of proving that the proposed project was in consonance with goals of
sustainable development was on the party proposing the project.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Braj Foundation
v.
Govt. of U.P.93
Application No. 278 of 2013 and MA No. 110 of 2014

In this case was brought forth by the Braj Foundation, and their contention was that the
Government should be directed to execute the Memorandum of Understanding (MoU) for the
afforestation of Vrindavan forestland. The Tribunal gave the verdict against them, holding that
the MoU is not legally enforceable. Further, it was decided that the advertisement issued by the
Forest Department was only an ‘invitation to treat’ and could not be a ground to enforce
contractual obligations. Thus, the Government was allowed to continue with its policy decision
of taking up the afforestation work on its own, especially since involvement of third parties
would give rise to the possibility of illegal mining and encroachment. However, the Tribunal also
went a step forward and gave directions to the Government itself to ensure proper afforestation.
One of the most significant ones was the direction to declare at least a 100-meter long stretch on
both sides of the Braj Parikrama route as a ‘no development zone’.

6.3 CONCLUSION
An analysis of the NGT’s role over the last four years suggests that it has been progressive in its
approach towards environmental protection in general and the rights of marginalized people in
particular. The NGT has not only come down heavily against microstructures but has also

93
Order dated 5-8-2014.

Role of National Green Tribunal in Environment Protection Page 58

challenged the big corporate sectors and the central and state governments for not following
environmental regulations.

Role of National Green Tribunal in Environment Protection Page 59

 Chapter – 7

RECENT DEVELOPMENTS BY THE NATIONAL GREEN TRIBUNAL

7.1 INTRODUCTION

The National Green Tribunal, established in 2010, has strengthened the environmental protection
regime in the country. In a number of decisions, the Tribunal has proved its efficiency in
resolving environmental disputes. The National Green Tribunal has been active since its
inception and has been disposing of the cases at a pace of 66 percent. This chapter mentions
certain recent developments made by the National Green Tribunal.

7.2 RECENT CASE LAWS

BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

S.K. Goyal
v.
Chairperson, CPCB & Ors.94
Appeal No. 356 of 2013

In this case, the National Green Tribunal (NGT) sought a report on emissions from diesel
locomotives and a comparative chart with regard to international standards.
The tribunal, which was hearing a petition filed by Dwarka resident S.K. Goyal about harmful
emissions from diesel locomotives, has directed the Ministry of Railways to hold a meeting with
the secretaries of IIT-Delhi, the Central Pollution Control Board (CPCB) and the Ministry of
Petroleum to set emission standards and ensure that railway locomotives do not pollute95.

94
Order dated 28.10.2015.
95
Akansha Jain, “NGT asks Railways for report on emissions from engines”, The Hindu, October 30, 2015.

Role of National Green Tribunal in Environment Protection Page 60

The Railways informed the tribunal that though they have already tested 25 locomotive engines,
it would be appropriate to test at least 50 in order to arrive at a proper analysis. Let the Railways
file a final report in relation to the 25 locomotive engines that are already subjected to analysis.
They would also file a comparative chart in relation to the standards provided internationally.

BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Vivek Kamboj & Anr.

v.
Union of India & Ors96

Appeal No. 415 of 2015

The NGT, in its first hearing of a petition filed by city-based environmentalist Vivek Kamboj
and Amit Chaudhery on groundwater contamination at Bandhwari, ordered the municipal
corporations of Gurgaon and Faridabad to ensure proper dumping of waste, maintenance and
collection of already dumped waste while ensuring that it does not contaminate the groundwater
at Bandhwari.
In their petition, Kamboj and Chaudhery had expressed concern over groundwater pollution at
Bandhwari where 4 million litres of leachate had seeped in 97. Following this, the Haryana
government and the municipal corporations of Gurgaon and Faridabad were asked to file
affidavits with the green court before the hearing.

96
Order dated 29.10.2015
97
Editorial, “Aravali pollution: NGT asks Govt to reply by Nov 23”, The Times of India, October 29, 2015.

Role of National Green Tribunal in Environment Protection Page 61

 BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Vikrant Kumar Tongad

v.
Delhi Metro Rail Corporation Ltd.98

The National Green Tribunal has sought a response from the Noida and Delhi Metro Rail
Corporations and the Uttar Pradesh government after a petition challenged the construction of a
metro line from Noida to Greater Noida. The petition said the project lacked environmental
clearance despite its huge land and water needs and the fact that its alignment would pass
through the Hindon river.
The NGT has also sought replies from the Ministry of Environment and Forests and the Noida
and Greater Noida authorities.
The Tribunal was hearing a petition filed by environmental activist Vikrant Tongad, which raised
the issue of the construction of a metro line from Noida to Greater Noida, which involves an area
of over 1,50,000 square meter.99.

BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI

Manoj Kumar Mishra

v.
NCT of Delhi & Ors.100

In this case citing lack of environmental clearance, the National Green Tribunal (NGT) ordered
that no work should be done on Phase III of the Barapullah elevated corridor.
The Public Works Department (PWD), the agency constructing the bridge over the Yamuna, will
now have to seek environmental clearance for Phase III, which will connect Sarai Kale Khan and

98
Order Dated 26.10.2015.
99
Akansha Jain, “Green concern over metro line between Noida, Greater Noida”, The Hindu, October 27, 2015.
100
Order Dated 26.10.2015.

Role of National Green Tribunal in Environment Protection Page 62

Mayur Vihar. The first phase of the elevated corridor has been completed, while the second is
nearing completion.
The PWD had granted work for Phase III to construction major L&T in March 2015 at an
expected cost of around Rs. 1,200 crore. Earlier, the agency had said the project would be
completed by December 2017.
The NGT, staying the project until environmental clearance is taken, also issued notices to the
Centre, the Delhi government, DDA, PWD and others101.

BEFORE THE NATIONAL GREEN TRIBUNAL, CENTRAL ZONAL BENCH,

BHOPAL

Vinayak Parihar
v.
State of M.P.102

Original Application No. 39 of 2015

National Green Tribunal (NGT) has issued notices to NTPC, Bridge, and Roof Company (India)
Ltd for alleged illegal excavation of sand for construction of 1,600 MW thermal power stations
at Gardarwara in Narsinghpur district of Madhya Pradesh.
While NTPC is India's largest state-owned power producer, Bridge and Roof is a miniratna
company under Union ministry of heavy industries and public enterprises103.
In a petition Vinayak Parihar, a social activist from Narsinghpur district has alleged that NTPC
and its contractor (Bridge and Roof) are carrying out construction of thermal power station at
Gardarwara, Narsinghpur for which illegal excavation of sand is being done from Sitarewa river,
tributary of river Shakkar that is a tributary of Narmada river.

101
Akansha Jain, “No work on Barapullah till clearance is sought: NGT”, The Hindu, October 27, 2015.
102
Order dated 20.10.2015.
Rageshari Ganguly, “NTPC gets NGT notice for sand mining in Gadarwara thermal plant”, The Times of India,
103

October 20, 2015.

Role of National Green Tribunal in Environment Protection Page 63

 NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

The Forward Foundation A Charitable Trust and Ors.

v.
State of Karnataka and Ors.104

Original Application No. 222 of 2014

Present application was filed for seeking restoration of ecologically sensitive land on ground
projects were implemented without following environment norms. The question before the
Tribunal was whether application filed by Applicants was barred by time and thus, not
maintainable.
The Tribunal held that Environmental Clearance was granted to Respondent on specified date
and all events had occurred thereafter till institution of petition. Applicant could not have availed
of any remedy before Tribunal, prior to dates on which Act came into force and Tribunal was
constituted. Thus, period of limitation would start running at best from these dates.
Therefore, application for purposes of Section 15 of Act had been filed within specified years
therefrom and was within time.
The next question, which came before Tribunal, was whether application was barred by principle
of res judicata and/or constructive res judicata.
The Tribunal while answering this question held that the application was instituted by Applicants
and none of them was party to petition before High Court. Both proceedings were entirely
distinct and different in their scope and relief. Issues in both proceedings were neither
substantially nor materially identical. Both jurisdictions had to operate in different fields
governed by different and distinct laws. Objection taken by Respondent did not satisfy basic
ingredients to attract application of res judicata or constructive res judicata.
Therefore, present applications were neither hit by principles of res judicata nor constructive res
judicata.
Lastly, the Tribunal was to decide whether Tribunal, in interest of environment and ecology
should issue any directions.

104
Order dated 07.05.2015.

Role of National Green Tribunal in Environment Protection Page 64

The Tribunal was of the view that the projects were under initial stages, i.e. only leveling and
excavation works were going on. Construction of both projects had started prior to grant to
Environmental Clearance. As per specified Notification, without grant of Environmental
Clearance, no project can commence its activity. This restriction applied not only to
operationalization of project but even for purposes of establishment. Digital images of land
available on Google satellite images showing encroachment on two major lakes. Restriction in
regard to extraction of ground water was not strictly complied with as permission of Central
Ground Water Authority was not obtained before construction. There was definite possibility of
environment, ecology, lakes and wetlands being adversely affected by these projects.
Therefore, Committee was constituted to inspect projects and provide report in this regards.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Aman Sethi
v.
State of Rajasthan and Ors.105

Appeal No. 61 of 2013 and M.A. No. 896 of 2014

Present application was filed for condonation of delay in filing appeal before Tribunal.
The Tribunal had to decide whether Tribunal had jurisdiction to condone delay and Appellant
would be entitled to claim exclusion of period spent before High court.
The Tribunal opined that the Tribunal would have no jurisdiction to entertain application for
condonation of delay after prescribed period. Time spent by Appellant in pursuing before High
Court could not be excluded under Section 14(2) of Act. It could not be said that proceedings
before High Court were not proceedings before wrong forum.
Appeal was filed beyond total period as prescribed in proviso to Section 16 of NGT Act. Even if
days spent before High court was excluded, still appeal had been filed with delay. No
explanation, much less sufficient cause shown for condonation of delay in filing appeal.

105
Order dated 07.05.2015.

Role of National Green Tribunal in Environment Protection Page 65

Therefore, appeal was not maintainable as being barred by time

NATIONAL GREEN TRIBUNAL (WESTERN ZONE) BENCH, PUNE

Ramdas Janardan Koli and Ors.

v.
Secretary, Ministry of Environment and Forests and Ors.106

Application No. 19/2013

Present application filed to issue compensation as well as rehabilitation for loss of livelihood
due to project activities of Respondents - Whether Respondents could be liable for grant of
compensation to Petitioners on account of loss of livelihood due to project activities - Held, as
per record Respondent did not remove outer cover of pipeline, in order to restore ecology and
environment in area - It also appeared that tidal exchanges of sea water were obstructed due to
acts of Respondents - In addition one of Respondent was admitted, had undertaken work
which could cause difficulty in enroutening passage of traditional boats of Applicants - It was
manifest that Petitioners main source of living was being takes away - It was observed that
while re validating environment certificate, no consideration of environmental compliance had
been done by authorities either by site inspection or any field visit - Therefore, Respondents
were liable to grant compensation to Petitioners - Application allowed.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Vikrant Kumar Tongad

v.
Delhi Tourism and Transportation Corporation and Ors.107

106
Order dated 27.02.2015.
107
Order Dated 12.02.2015.

Role of National Green Tribunal in Environment Protection Page 66

 Original Application No. 137 of 2014

Present application was filed challenging construction of bridge across specified River. The
contention before Tribunal was whether decision of construction of bridge by
Respondent/Authority across specified river was maintainable.
The Tribunal while delivering its judgment held that project in question was covered under Entry
8(b) of Schedule to Regulations. Various departments had granted clearances and/or had already
issued 'No Objection Certificates' for construction.
No prior Environment Clearance was required for commencement of project. More than
specified percent of bridge had already been completed. Huge public funds had been spent on
specified project. Intended to serve public purpose and was in public interest, namely free and
fast flow of traffic between east and west in specified city.
Therefore, Court could not attribute any fault or breach of legal duty to Project Proponent.
Hence, not case where Court should either direct stoppage of project work or direct demolition
thereof.
Appeal allowed.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Manoj Misra
v.
Union of India108

Original Application No. 6 of 2012, M.A. Nos. 967/2013, 275/2014 and Original Application
No. 300 of 2013, M.A. Nos. 877/2013, 49, 88 and 570/2014

An application was filed for preventing encroachment and dumping of building debris and other
solid waste in specified river bed/flood plain and into its natural water body.
The question came before Tribunal was whether present applications were maintainable or not?

108
Order dated 13.01.2015.

Role of National Green Tribunal in Environment Protection Page 67

The Tribunal held that any further deferment in taking stern and serious steps for preventing and
controlling pollution of specified River, was bound to expose specified city and its residents to
grave environmental disasters. Implementation of provocative action plan postulated by Expert
Committees and as described in present judgment was inevitable to protect public health, public
interest and environment. Only solution to bring down highest contribution of pollutants to
negligible and preferably to zero percent, in interest of ecology, environment. To provide clean
water to residents of specified city.
Therefore, application was held maintainable. Further, the Tribunal issued specific directions in
public interest for preventing and controlling pollution of specified River.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Rajiv Narayan
v.
Union of India109

M.A. No. 762 of 2014 in M.A. No. 44 of 2013 in O.A. No. 36 of 2012

Present application filed for issuance of orders, including closing of polluting industries, strict
implementation of prescribed standards within scope and ambit of Acts specified in Schedule I of
NGT Act.
The Tribunal while answering the question that whether presents application was maintainable
held that statutory obligation of every industry/unit to comply with parameters specified under
environmental laws.
Had to be complying industry as far as discharge of industrial/trade effluent, sewage, domestic
discharges are concerned.
Moreover, while answering the question wherever it was extracting ground water, observed that
it must comply with provisions of Water Cess Act.

109
Order dated 13.01.2015.

Role of National Green Tribunal in Environment Protection Page 68

Present Act was specified in Schedule-I to NGT Act was within ambit and scope of jurisdiction
of Tribunal.
Specified industry was polluting industry, both for emissions and discharge of trade effluents.
Iron manufacturing activity of industry in absence of ETP and non-installation of other
antipollution devices, industry could not be termed as compliant or non-polluting industry.
Further, related directions were issued on specified issue

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Wilfred J.
v.
Ministry of Environment & Forests110

M.A. No. 182 of 2014 & M.A. No. 239 of 2014 in Appeal No. 14 of 2014 and M.A. No. 277 of
2014 in Original Application No. 74 of 2014

An application was filed against Vizhinjam Port Project on ground that said project affects not
only ecology and environment of that area would be affected but there would also be adverse
impact on their livelihood. The question arose before the Tribunal was whether NGT had
jurisdiction to entertain said application.
The Tribunal observed that the scheme of NGT Act clearly gives Tribunal complete
independence to discharge its judicial functions, have security of tenure and conditions of service
and was possessed of complete capacity associated with Courts.
Presiding members of NGT were not administrative officers but duly represent State to
administer justice and perform judicial functions.
Any question relating to environment, falling within Scheduled Acts would have to be examined
by Tribunal, subject to provisions of relevant Acts. Tribunal would have to examine on merits
whether areas in question, even though not covered under CRZ Notification 2011 require some
protection or preservation within ambit and scope of environmental jurisprudence.

110
Order dated 17.07.2014.

Role of National Green Tribunal in Environment Protection Page 69

Therefore, impugned application was maintainable and not required to be dismissed on ground of
limitation.

NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH, BHOPAL

Narmada Khand Swabhiman Sena

v.
State of Madhya Pradesh111

Original Application No. 144/2013 (THC) (CZ)

An application was filed alleging that Mining Leases as well as Prospective Licenses were being
granted for mining Bauxite mineral in Biosphere Reserve (BR). The question came before
Tribunal was whether land on which license had been granted for mining related activity to
Respondents by State Government came within Core Zone or Buffer Zone of BR.
The Tribunal observed that there was no legal backing for objections raised by Applicant. There
was no bar on utilization of natural resources, provided they did not have any adverse effect on
ecological diversity. Sustainable mining activity in Buffer/Transition zone did not itself lead to
direct conflict with objectives of constitution of BR. activities that were permitted in BRs vary
from one BR to other and even within same BR and blanket, banning of such activities simply
because they were taken up in BR was not plausible. Activity was located in BR then it would be
impossible to maintain rationale for protection. Sometimes these sites fell in areas, which acted
as vital ecological corridor links.
Therefore, they must be protected to prevent isolation of fragments of biodiversity, and if
justified, it required reconsideration of permitting mines. Preparation of landscape plan was
imperative for permitting Mining Leases and Prospective Licenses granted to Respondents.
Management should have been people centric and oriented to provide best possible for their
benefit in Buffer and Transition zones with emphasis on ecological services as no human
interference was allowed in Core zone of BR.

Order dated 01.10.2014.

111

Role of National Green Tribunal in Environment Protection Page 70

Further, the Tribunal held that till detailed Landscape plan was prepared for mines in question
Mining Leases as well as Prospective Licenses granted to Respondents would be kept on hold.

NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

Nisarga Nature Club

v.
Shri Satyawan B Prabhudessai, Assistant Deputy Conservator of Forests, Union of India
and Hindustan Petroleum Corporation Limited112

Application No. 29/2012

Application sought withdrawal of permission granted by Additional Collector to convert part of

land from agricultural to non-agricultural purpose. Applicant further sought restitution of balance
area out of 74,875 sq. mtrs. which had been deforested by falling of trees by Respondent No. 1,
along with payment of costs as well as initiation of criminal action against him for committing
forest offence?
The question to be answered was whether, application was barred by limitation and liable to be
rejected. In addition, whether area, which had been converted for non-agricultural use, under
Sanad granted by Additional Collector, was part of private forest land or that part itself was
private forest.
The Tribunal was of the opinion that Section 14(3) of NGT Act provided that, dispute had to be
ventilated through application within period of six months from of cause of action for such
dispute. Tribunal might extend period of limitation only up to sixty days thereafter. If,
application was covered by Section 15 of NGT Act, then period of five (5) years limitation was
available to Applicant.
Thus, if application was covered only under Section 14 of NGT Act and could not be considered
under Section 15 of NGT Act, then it would have to be held as time barred. There could not be

112
Order dated 21.02.2013.

Role of National Green Tribunal in Environment Protection Page 71

duality of opinion that Tribunal could not grant extension of time beyond statutory period
expressly provided under special enactment like National Green Tribunal Act, 2010.
Second prayer of Applicant fell within period of Limitation i.e. within five years from date of
cause of action.
Thus, second relief sought by Applicant was within prescribed period of limitation. Record
showed that reports of SDFO and that of other authorities were only in context of 2500 sq. mtrs.
of land out of Survey No. 25/2. It was true that Respondent No. 1 had sought permission to fall
certain trees from Survey No. 25/2 on two occasions, in 2006 and 2009 and some of trees were
of forest species. However, there was no reliable material placed on record to show that those
trees were standing on plot of which conversion was sought by Respondent No. 1 from
agricultural to non-agricultural use. Thus, it was difficult to infer that plot comprising of 2500 sq.
mtrs. was private forest.
From third report, it was clear that there was no substantial reason ascribed for deviation from
findings of earlier two committees. SLEC opined that topography of area was undulating and
was having vegetation with "predominance of forest species". Report did not show 75% of
composition of forest species in Survey No. 25/2 during course of inspection. Permission
(Sanad) did not remotely refer to permission to install petrol filling station. Permission (Sanad)
dated 2nd April, 2008 could not be said to be for conversion of land to commercial use.
Respondent No. 1 did not get said permission (Sanad) rectified.
It could not be assumed that, there could be error committed by competent authority and actually
permission (Sanad) was granted for conversion of land for commercial use of Respondent No. 1.
Impugned order (Sanad) was absurd and non-estin eye of law. It was necessary to ensure
protection of environment in area by applying "precautionary principle"
Collector might consider relevant aspects before exercising discretion to grant necessary
permission to Respondent No. 1.
Respondent No. 1 was directed to maintain status quo and not to operate Petrol filling station
until appropriate permission was granted by competent authority, which might impose conditions
such as plantation of bulldozed area at cost of the Respondent No. 1, under supervision of Forest
Department, or alike, or might refuse permission as might be deemed proper.

Role of National Green Tribunal in Environment Protection Page 72

 ENVIRONMENTAL TAX113

Commercial vehicles entering Delhi will now have to pay more, with the National Green
Tribunal imposing an “environmental compensation charge” over and above the municipal toll
tax.
Taking note of the large number of vehicles entering Delhi every day, a four-member bench
headed by Justice Swatanter Kumar held that harsh measures were needed to ensure that “non-
destined vehicles” passing through Delhi to other areas, would be kept out of the city.
“It will be in our considered view, appropriate to direct the check-posts to charge transport
heavy vehicles entering Delhi as their final destination or en route to other places entering from
Sonipat to pay environmental compensation in addition to toll tax payable,” said the bench, after
noting that there were 124 entry points to the city from all sides, though the Kundli border was
the sole entry point from the Sonipat-Panipat region.114 The NGT, for now, directed that the
“non-destined commercial vehicles that merely transit through Delhi” shall be diverted at Panipat
to take alternative route via NH-71A and NH-71 and exit at Bawal in Haryana.
“The trucks which are not destined to Delhi and have not taken alternative route would not be
permitted to enter the capital and would be returned to Panipat to take alternative route,” the
Tribunal said.
For commercial vehicles entering Delhi, an extra charge of Rs 700 would be charged from those
with 2 axles (taxis and small trucks) and Rs 1,000 would be charged from those with three axles
and Rs 500 would be charged from vehicles with 4 axles and above (large truck-trailers), it said.
“The amount collected shall be used by the Pollution Control Committee and the Central
Pollution Control Board for measures to protect the environment,” said the bench115.

CHALLENGING NGT’S ORDER OF ENVIRONMENTAL TAX

Senior lawyer Harish Salve, acting as the amicus curiae and Senior lawyer Dushyant Dave for
the Delhi government questioned the jurisdiction of the National Green Tribunal to impose
“environmental compensation charge” over and above the municipal toll tax.

113
Order Dated 7.10.2015.
114
Aneesha Mathur, “Commercial vehicles entering Delhi ordered to pay ‘environmental tax”, The Indian Express,
October 8, 2015.
115
Ibid.

Role of National Green Tribunal in Environment Protection Page 73

Dave said “Once it knew that the apex court is seized with the issue and is set to pass directions,
the NGT should have refrained from passing any order. Moreover, it also doesn’t have the
power to issue such general directions. As per section 14 of the NGT Act, it can only entertain
civil cases were a substantial question relating to environment is involved”116.
Sunita Narain117, submitted a report on the issue and was of that opinion that the pollution
compensation tax should be fixed as a way to equalize the difference between toll roads and
travel through Delhi. Every night 40,000 to 60,000 trucks enter Delhi to save on toll. The
principle of environment law that polluter has to pay is now part of constitutional jurisprudence.
Further, she stated that “It has become a constitutional imperative to recover these illegal
savings (by the truckers), which are contrary to the mandate of the right to life under Article 21
of the Constitution and to use these for dealing with the consequence of pollution”118.

SUPREME COURT’S VIEW

The National Green Tribunal's order imposing pollution charges, along with toll tax, on
commercial vehicles criss-crossing Delhi may be nullified, with the Supreme Court virtually
agreeing with the plea in this regard, saying its order would "override" all the existing ones.
After perusing suggestions forwarded by Salve, the court hinted that it would impose pollution
charges at the rate of Rs 700 for light vehicles (NGT imposed Rs 500) and 2 axle trucks and Rs
1, 300 (NGT imposed Rs 1,000) for 3 axle trucks and 4 axle trucks and above. It is to be noted
that the SC had on its own summoned a copy of the NGT order and made modifications without
any party filing any petition challenging the green court’s order.
The bench said its order would be valid for four months during which it “will be put on trial” and
stake holders may approach the court for modification later on if they found any short coming.
It made it clear that these charges would be operative for four months from 1 November till 29
February, 2016 on an “experimental basis”. To review the mechanism, the bench posted
the matter for further consideration in the third week of February.

116
Editorial, “Pollution Tax on Trucks: Salve, Dave question NGT’s Jurisdiction; SC summons order copy”, Live
Law News Network, October 9, 2015.
117
Director General of Centre for Science and Environment who is a member of the SC-appointed Environment
Pollution Control Authority
118
Supra, no.116.

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It may also exempt passenger vehicles, mini vans, ambulances and trucks carrying essential
commodities (food grain, milk vegetables and fuel) from paying the extra tax119.

AFTERMATH’S OF SUPREME COURT ORDER OF GREEN TAX

The environment compensation charge that was supposed to be collected from commercial
vehicles entering Delhi from Sunday was a no-go on Day 1 as the authorities and the toll tax
concessionaire failed to implement the Supreme Court order.
In an attempt to curb vehicular pollution, the apex court had on October 12 ordered the toll tax
contractor to collect Rs.700 from light duty vehicles and Rs.1,300 from those with three axles
and above for four months starting November 1. The money collected was supposed to be
handed over to the Delhi Government every Friday without any reductions.
The municipal corporations of Delhi, which are responsible for the 122 entry points, said their
contractor SMYR Consortium had refused to do so.
“The contractor said it would lead to a loss as well as jams as they would have to check which
vehicles were exempt from paying toll tax. We have written to the contractor and I have
personally met them and asked them to obey the order,” said Subhash Arya, the Mayor of the
South Delhi Municipal Corporation.
The SDMC, which handles the toll tax contract on behalf of the three corporations, has even
issued an order on Sunday to the contractor to implement the Supreme Court’s ruling.
Officials said they were hopeful that the contractor would be able to start charging the
environment compensation in the next few days. SMYR Consortium had filed a plea on October
27 in the Supreme Court saying it would not be able to collect the additional tax. The SDMC had
also filed an application on the same day seeking directions to the contractor to implement the
order. The matter will be heard on November 16120.

7.3 CONCLUSION
NGT is the most consistent and progressive environmental authority in India. Unlike the
Supreme Court, the NGT does not routinely favour infrastructure projects, nor does it cause a
delay in resolving the cases before it. It had redefined the role of environmental experts and the
criteria to select such experts.
119
www.livelaw.in (Visited on 20.10.2015).
120
Damini Nath, “No environment compensation collected on Day 1”, The Hindu, November 2, 2015.

Role of National Green Tribunal in Environment Protection Page 75

The high court would normally not earmark more than three hearings in a year for an
environmental matter. NGT, on the other hand, is much more regular in scheduling hearings,
typically with time gaps of two to three weeks between two consecutive hearings. Perhaps, this
promptness in deliberating over cases is reflected in the increasing number of cases being settled
by NGT. This has also created optimism in the community regarding decisions of environmental
dispute.
Its recent judgments points to two important trends: (i) the liberal interpretation of locus standi,
which allows almost any person to initiate proceedings against a clearance granted to a project;
and (ii) a conclusion that serous procedural irregularities in the environmental clearance process.
The NGT has also shown that with a technical member, it would also require additional technical
studies if it deems such a requirement necessary.

Role of National Green Tribunal in Environment Protection Page 76

 CHAPTER – 8

A CRITICAL ANALYSIS – NATIONAL GREEN TRIBUNAL

8.1 INTRODUCTION
THE NATIONAL Green Tribunal (NGT) is performing well. Those who can reach it now
believe that their cases will be heard speedily. Today, there is a fear among industry and
environment regulators that some action would be taken if a case were heard by NGT.
Nevertheless, there are many challenges that NGT faces and there are many issues that people
have with NGT.

8.2 SPEEDY AND EFFECTIVE

A fundamental problem facing the judicial system in India is speedy disposal of cases. The
problem is even more pronounced where environmental issues are concerned. A study done by
the Delhi-based Centre for Science and Environment (CSE) on the status of cases filed by the
state pollution control boards showed that as many as 96 per cent, 76 per cent and 55 per cent of
cases filed by Chhattisgarh, Odisha and Karnataka boards respectively, were pending in the
lower courts.
The number of cases received since the establishment of National Green Tribunal, until January
31 this year is 7,768 and the number of cases disposed until January 31 is 5,167 - a rate of about
66 per cent121.
The NGT has been successful in speedy and effective settlement of environmental matters. When
compared to the high court’s regarding the handling of environmental matters, NGT has been a
much better institution. The high court would normally not earmark more than three hearings in a
year for an environmental matter. NGT, on the other hand, is much more regular in scheduling
hearings, typically with time gaps of two to three weeks between two consecutive hearings.
Perhaps, this promptness in deliberating over cases is reflected in the increasing number of cases
being settled by NGT. This has also created optimism in the community regarding decisions of
environmental dispute.

Editorial, “National Green Tribunal has received 7768 complaints: Prakash Javadekar” The Economic Times,
121

March 3, 2015.

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The number of cases being instituted each year is also increasing phenomenally. The number of
cases filed has increased from just 548 in 2012 to 3,116 in 2013 to 7,768 until January 2015.
This has put enormous pressures on NGT. This also reflects an increasing environmental crisis in
the country and a growing trust people have in NGT.
NGT targets to dispose of cases within six months. It has been broadly successful in achieving
this aim. However, there have been some high profile cases where NGT has not been able to
deliver on time.
Despite the high percentage of cases being disposed of, there is also an increasing backlog of
cases in NGT. Until January 31 this year, 2,601 cases-about 33 per cent of all cases-were
pending before different Benches of NGT.
The pendency indicates both the resources available at different Benches and the number of
cases filed. All zonal Benches are handled by just one judicial and one expert member. The
principal Bench, however, has four judicial members, including the chairperson, and six expert
members.
Activist Ramesh Agarwal from Chhattisgarh, who was recently awarded the Goldman
Environment Prize, also called the “Green Nobel”, commented that NGT has not always been
able to grant speedy justice. He cited the case of a 2,400 MW power plant in Tamnar,
Chhattisgarh, owned by Naveen Jindal, industrialist and former Member of Parliament, the
environmental clearance of which he had challenged. The case has been with NGT for almost
three years now122.
Another case in point is Singrauli. The case relating to pollution problems in central India’s
Singrauli district due to coal mining activities and thermal power plants came under NGT’s
scanner in September 2013, following a petition filed by Ashwani Dubey, a lawyer and resident
of Singrauli. NGT has been hearing the case for over a year now. No conclusive judgment has
been passed until date, though most past studies have shown that Singrauli is a critically polluted
area123.

122
Mehboob Jeelani, “The Man Who Dared To Challenge Naveen Jindal”, The Carvan A Journal Of Politics And
Culture, April 29 2014.
123
Editorial, “Singrauli pollution: Panel submits report to National Green Tribunal”, dna, November 13, 2014.

Role of National Green Tribunal in Environment Protection Page 78

Sudhir Paliwal124 thinks that NGT keeps major issues dragging, while exaggerating up minor
ones. “It has not issued any strong orders in major air pollution cases related to power plants or
automobile pollution. For instance, a case filed by Mahadula-based social activist Ratnadeep
Rangari where Rangari alleged that the Maharashtra State Power Generation Company
(Mahagenco) was flouting coal quality norms, has been dragging for a year without NGT giving
any clear order, says Paliwal. However, recently, in a case relating to Diwali crackers, NGT has
ordered the setting up of committees to visit cracker manufacturers.125”

8.3 ON SOUND TECHNICAL GROUNDS

NGT is a body composed of judicial and members with expertise in the field of science and
environment. It is so because judicial members were not trained to understand the complexities
involved in environmental cases due to the nature of questions often rose in the court of law.
Lately, questions have been raised about the soundness of judgments passed by NGT.
D Stalin of the Mumbai-based NGO ‘Vanashakti’ had filed a petition with NGT regarding
pollution in Mumbai’s Ulhasriver. “In September this year, NGT ordered that no sewage or
effluents were to be allowed to flow into the drinking water zone of the river and ordered Rs 20
crore to be deposited by the Brihanmumbai Municipal Corporation for sewage treatment plants,”
he says. “NGT’s functioning is perfect. Environmental cases are handled very differently by it,
based on technical points and points of relevance, not on the submissions of senior counsels who
come to court and throw their weight around. The bench is technically competent and does not
allow environmental issues to be subverted. They also resolve issues fast,” says Stalin126.
However, the above views are not universally accepted. “We have heard that because of judicial
heavyweights in NGT, views of technical experts are not being considered,” says an official of
the Gujarat Pollution Control Board. A Madhya Pradesh Pollution Control Board official
seconds him: “NGT judgments lack in technical aspects” NGT’S critics have also questioned the
“lack of environmental finesse” of its expert members. “Usually, the expert members are experts
of one particular field and not of environment as a whole. For instance, an expert member who
has been working on forests for many years would not be able to comprehend the issues arising

124
Activist of Vidarbha Environment Action Group in Nagpur.
125
www.downtoearth.org.in (Visited on October 2, 2015).
126
Ibid.

Role of National Green Tribunal in Environment Protection Page 79

out of industrial pollution. Thus, the judgments are vague and not relevant in some cases,” says
an Odisha Pollution Control Board official127.
Many have also questioned some NGT judgments, for instance, in the case of Amit Kumar v.
Union of India &Ors.128 The one dealing with the Okhla Bird Sanctuary in Noida. In September
2013, NGT’S principal bench gave an order that stopped all construction within a 10-kilometre
(km) radius of the sanctuary because the government had not notified the eco-sensitive zone
around it at that time. The order stopped constructions only in Uttar Pradesh, but inexplicably did
not do so in parts of Delhi, which fall within the 10 km radius. Many have criticized the selective
and “judicial” nature of this judgment.
Many were of the opinion that decision of the NGT about 10 KM range from Okhla BIRD
Sanctuary is very arbitrary and unjust as in Noida itself within 5 Km range there are tall
buildings which are there for last so many years. Would the NGT order their demolition, or insist
on its order about 10 KM range crashing the dreams of thousands of investors who have put their
hard-earned money to have an Ashiana of their own129.
Similarly, in T. Muruganandam and Ors. v. Union of India and Ors.130 Case was filed against a
coal-based thermal power plant in Cuddalore in Tamil Nadu, NGT first asked the company to
undertake a cumulative environmental impact assessment because the plant was being developed
in an area where many more industries existed and were planned. Nevertheless, in the next
hearing, NGT asked the company to do a “rapid cumulative impact assessment” following the
developer’s contention that a comprehensive cumulative impact assessment would take time and
delay the project further. A cumulative impact assessment is supposed to be a much more
elaborate exercise and by fixing a time limit and terming it “rapid”, this NGT judgment
practically set precedence for ineffective cumulative impact assessments in the future.
In general, lawyers and petitioners support NGT’S judgments. “NGT is a Constitutional body
created for environmental cases alone, with technical members on every bench. This allows
cases to be heard on environmental merits as opposed to only legal grounds in any other court,”
says Cyriac Kodath, an activist fighting against the Vizhinijam seaport project in Kerala131.

127
Yukti Choudhary, “Tribunal on Trial”, The Nation, November 30, 2014.
128
Application No. 158 of 2013.
129
Supra, no. 125.
130
Appeal No. 50 of 2012, Order Dated 10.11.2014.
131
Supra, no. 125.

Role of National Green Tribunal in Environment Protection Page 80

8.4 AN EFFECTIVE DETERRENT
More than 50 per cent of the cases filed in NGT relate to green clearances awarded by
MoEF&CC to development projects. Cases have been filed, challenging the decisions of the
government in awarding clearances and against its conducting public hearings properly. Opinion
is divided on how NGT has dealt with cases related to green clearances.
Lawyer Dutta says, “It has created a deterrence impact and even MoEF&CC is today afraid of
it”. According to him, for the first time in India, while granting a clearance, the ministry is
undertaking extensive deliberations and giving reasons for its decisions132.
A quick review of the judgments of NGT shows that there have been some cases where
clearances have been quashed. These include the clearances to Aranmula Airport Project in
Kerala, the coal-based power plant in Chhattisgarh’s Korba district, mining activities in Sacorda,
Goa, and the Jindal Gare project in Chhattisgarh. However, in most cases, NGT has asked for
fresh review. Often, a review of the entire process of granting a clearance has led to the
imposition of additional conditions, which has led to delays and, in some cases, affected the
financial viability of projects.
There have also been cases where industries have been fined heavily based on the “polluter
pays” principle. In the case of Krishan Kant Singh v. National Ganga River Basin Authority &
Others133, filed by Hapur resident Krishan Kant Singh and environmental NGO Social Action for
Forests and Environment (SAFE), the issue of pollution of the river Ganga by Simbhaoli sugar
mills and distillery unit and Gopaljee Dairy Pvt Ltd was raised. NGT recognized that the two
industrial units had been polluting the river for many years. It directed Simbhaoli to pay Rs 5
crore and Gopaljee Dairy to pay Rs 25 lakh to the Uttar Pradesh Pollution Control Board for
restoration of the environment and remedial measures.
However, many pollution control board members also seem to support NGT. “It has increased
our say in government. Pollution boards’ presence is felt in government now and they realize our
importance,” says a Madhya Pradesh official. Agrees an Odisha official: “NGT has definitely
improved our position as an organization. We’re able to give directions to municipalities and
treatment plants, with NGT backing us, they also abide134.”

132
Supra, no. 127.
133
Original Application No. 299 of 2013, Order Dated 31.5.2014.
134
Supra, no. 125.

Role of National Green Tribunal in Environment Protection Page 81

8.5 IS JUSTICE ACCESSIBLE
NGT may be a fine institution but is its justice available to everybody? This was discussed when
the NGT Act was being debated in Parliament in 2010. Many parliamentarians expressed the
opinion that as NGT would take over the powers of the lower courts, people would not have
local access to justice. This would be most disadvantageous to economically weaker sections of
society as they would not be able to use the more than 13,000 district and subordinate courts to
address environmental disputes.
The biggest challenge that people face is the access to justice. Access to justice is denied by two
means in NGT: firstly, by the provision of limitation period and secondly, by virtue of NGT
being located in only five big cities spread across India.
Once the tribunal started operating, lower courts were barred from taking up environmental
cases. Not that they were doing a great job, but the debarring of lower courts has meant that poor
and disadvantaged communities living in remote parts of the country now have to go to NGT
Benches in their respective zones to get justice. For a tribal trying to stop pollution from an iron
ore mine in Bastar, this means filing and fighting a case in Bhopal. For a villager affected by oil
pollution in Nagaland, this means coming to Kolkata and hoping to be heard quickly. This is
neither easy nor affordable.
Similarly, the NGT Act has put an unrealistic time limit in place for filing a case. The limit of a
maximum of three months is akin to a denial of justice. If the right to clean environment is an
integral part of the right to life in our Constitution, can this right be overlooked simply because
someone missed the bus or because someone came to realize the implications of polluting
activities a few years down the line?
Both the above issues affect the poor and the disadvantaged the most. They are the worst
sufferers of environmental degradation and now, their route to getting justice is being blocked.
This must change, and quickly. Perhaps the strongest and most simple critique about NGT’s
inaccessibility comes from.
Dayamani Barla, a tribal leader who has led campaigns against displacement and mining. “I do
not know about NGT,” she laments. She questions why someone should travel all the way to
Kolkata to fight a legal case. “A green tribunal should have been based in a place that has the

Role of National Green Tribunal in Environment Protection Page 82

highest forest cover or large mineral deposit. That is where the dispute is and that is where the
extremely poor live,” she says135.

8.6 OVERSTEPPING ITS BRIEF

NGT has been accused of overstepping its jurisdiction and taking actions for which it has not
been empowered under the NGT Act. Three issues have frequently cropped up. First, does NGT
have powers to take cognizance of a matter on its own and take action upon it-the power of
suomotu?  Second, can NGT review and direct change in rules and regulations-the power of
judicial review. Third, can NGT take up any case, which can be termed as “substantial question
of environment”?
SUO MOTU POWERS
In the past, NGT has taken up cases on its own motion (suomotu). In Court on its own Motion v.
State of Himachal Pradesh & Ors. And Abhimanyu Rathor v. State of H.P. & Ors.136, the tribunal
took up issues relating to the adverse impact of heavy and unregulated tourism in the Rohtang
Pass area. The tribunal issued a long order with many directions. The ministry had been
constantly reminding NGT that taking up suo motu cases is not within its jurisdiction. In India,
suomotu jurisdiction is limited to superior courts like the Supreme Court and the high courts.
According to ministry officials, NGT in the past has written to them to give it suomotu and
contempt power, both of which were denied.
However, Justice Swatanter Kumar, NGT chairperson, maintains, “Suomotu jurisdiction has to
be an integral feature of NGT for better and effective functioning. Under the Constitution, high
courts also have not been exclusively conferred suomotu jurisdiction. However, they have been
exercising the power. There are some inherent powers, which are vital for effective functioning,
and suomotu jurisdiction is one such power137.
Rajeev Dhavan, noted Supreme Court lawyer, differs. “A tribunal is a statutory body whose
jurisdiction is circumscribed by statute. NGT does not have powers of the high courts or the
Supreme Court to strike down legislation or to take suo motu actions. A tribunal cannot enlarge
its jurisdiction138.”

135
Chandra Bhushan, “NGT must be strengthened”, Journal of Court Innovation, 2014.
136
Original Application No. 492 of 2014.
137
Interview with Justice Swatanter Kumar, NGT chairperson, Down to Earth, October 25, 2014.
138
Rajeev Dhawan. “Green Court”, Law Resource India, October 18, 2013.

Role of National Green Tribunal in Environment Protection Page 83

Sanjay Parikh, Supreme Court lawyer, though wants NGT to have suomotu powers, thinks
statutes must be changed for this139.
The issue of suomotu jurisdiction, which remained a grey area for quite some time, was
addressed by the Madras High Court in early 2014. The court clipped the wings of NGT by
passing an interim order, which stated that it has no suomotu powers. After this order, NGT has
refrained from taking up cases suo moto.
NGT is not a substitute for high court in all respects, said a division bench comprising Justice
Satish K Agnihotri and Justice K K Sasidharan, adding: "The tribunal has to function within the
parameters laid down by the National Green Tribunal Act, 2010. It should act within the four
corners of the statute. There is no indication in the National Green Tribunal Act or the rules
made thereunder with regard to the power of NGT to initiate suo motu proceedings against
anyone, including the statutory authorities140.

JUDICIAL REVIEW
The ministry has been quite upset with NGT for bestowing upon itself the power of judicial
review. NGT has bestowed upon itself a wide ambit of jurisdiction in the name of “ancillary and
inherent powers necessary in the interest of justice”. The tribunal held that it is a specialized
body and has a procedure of its own (Section 19), which gives it power to adjudicate on issues
where judicial review is required.
In a case filed by Pune-based NGO Kalpavriksh, Kalpavriksh & Others v Union of India &
Others141, challenging the qualifications of expert appraisal committee members who recommend
environmental clearances for projects under the Environmental Impact Assessment Notification,
2006, NGT invoked the power of judicial review and directed the ministry to revise the
qualifications and experience in the notification.
Supreme Court advocate Rajeev Dhavan believes that NGT is trying to acquire the powers of
superior courts. “NGT cannot strike down a statute. It can only examine the decisions that are

139
Supra, no. 125.
140
A. Subramani, “Green tribunal's wings clipped, Madras high court halts suo motu proceedings”, The Times of
India, January 3, 2014.
141
Original Application No. 116 (THC) of 2013, Order Dated 17.7.2013.

Role of National Green Tribunal in Environment Protection Page 84

taken and consider if they are in compliance with the three principles laid down in Section 20 of
the Act,” he says142.

JURISDICTION
Under Section 14(1) NGT is empowered to address all civil cases where a “substantial question
relating to environment” is involved. It is alleged that this term is very ambiguous. NGT has,
however, construed it very liberally and expanded its jurisdiction. In the Kalpavriksh case 143, the
tribunal commented that the jurisdiction of NGT must be examined in the backdrop of the fact
that the protection of environment has been raised to the pedestal of a fundamental right by the
Supreme Court (Article 21 of the Constitution). Based on this, the tribunal held that “the
jurisdiction of the tribunal is thus, very wide. Once a case has nexus with the environment, the
tribunal’s jurisdiction can be invoked. Even cases which have indirect adverse impact on the
environment can be considered by the tribunal.” Dhavan, however, thinks that although
environment is a part of Article 21 of the constitution, NGT cannot use it to strike down any
legislation/order144.

8.7 CHALLENGES BEFORE NGT

NGT faces both perceptional and real challenges. There is a strong perception that NGT wants to
hog more powers and that it wants to take on other government institutions. This has created an
impression within various government agencies that NGT is riding roughshod over them. This
perception can be highly damaging to the objective of effective delivery of environmental
justice. NGT needs the support of various institutions to achieve this objective. It cannot operate
in isolation.
The other perceptional issue that NGT must correct is that it is taking up frivolous and anti-
people cases. For instance, in one case, the tribunal’s principal Bench ordered the closure of 12
eating joints in Delhi’s Hauz Khas area for not having applied for consent to operate 145. It is a
different matter that one needs to question the very basis for restaurants to take the consent of
pollution control boards. However, if this judgment of NGT were to be applied across the

142
Supra, no. 138.
143
Original Application No. 116 (THC) of 2013, Order Dated 17.7.2013.
144
Supra, no. 135.
145
Order dated 9.1.2014.

Role of National Green Tribunal in Environment Protection Page 85

country, then we would have to effectively close down most restaurants. In another case, NGT
took strong exception to the nailing of bus stop signs onto trees by the Delhi Transport
Corporation. People are questioning how such cases fall under “substantial question relating to
the environment”. NGT will have to guard against such decisions because it can lose the support
of the public and policymakers.
NGT faces some challenges as well. First, we must strengthen it by giving it more powers and by
investing in strengthening its infrastructure. Judicial review is an important power that must be
given to NGT since there are many problems with our laws. As NGT is dealing with these
problems on a daily basis, only it can bring changes through case law. Similarly, we should
include other environment-related laws within NGT’S ambit. These are required for effective
delivery of justice and environmental protection. NGT also needs to put certain systems in place
for transparent decision-making.

8.8 CONCLUSION
The bottom line is that NGT has done well so far. However, many improvements are still
required to make accessible, speedy and effective resolution of environmental disputes a
practical reality. For this, NGT must be strengthened and not weakened. On its part, NGT must
put internal checks and balances for efficient and transparent delivery of justice. The reality of
justice is important, but so is its perception.

Role of National Green Tribunal in Environment Protection Page 86

 Chapter – 9

EMPIRICAL RESEARCH

9.1 INTRODUCTION
Empirical Research means information gained by experience, observation, or experiment.
Empirical research can be defined as “research based on experimentation or observation.”
The Empirical Research is a research using empirical evidence. It is a way of gaining knowledge
by means of direct and indirect observation or experience.
This method is generally taken to mean the collection of data on which to base a theory or derive
a conclusion in science. It is part of the scientific method of study, but is often mistakenly
assumed synonymous with the experimental method.
The researcher has used Empirical Method of research. The research has made an empirical
research by collecting data by distributing questionnaire among lawyers and litigants and people
being affected by the decision of the National Green Tribunal.

9.2 FINDING OF THE EMPIRICAL STUDY

For a better understanding of the empirical study, the opinion of the respondents is divided into
two categories namely lawyers and people who are being affected by the decisions of National
Green Tribunal under several heads like respondents responses regarding NGT’s role in speedy
and effective justice, regarding on sound technical grounds, regarding NGT being effective
deterrent, regarding accessibility of justice through NGT, regarding NGT and suo motu powers
etc. The assessment given below is based on the data collected by the researcher by questionnaire
method, pie chart and analysis of the data.
There are all-together five pie charts, in each pie chart, few questions have been analyzed on the
basis of the responses of the respondents. For this purpose, various codes have been used, like,
“Yes”, “No” and “Do not Know”, which has further been abbreviated as “Y”, “N” and “DK”.
While making different pie chart, questions pertaining to one aspect have been clubbed together
and given in this way five different pie charts have been made. After their analysis, some
conclusions have also been drawn by the researchers, which have been jotted down at the end of
each pie chart.
Role of National Green Tribunal in Environment Protection Page 87
 1. RESPONSES OF THE REPONDENTS REGARDING SPEEDY AND EFFECTIVE
DISPOSAL OF CASES BY NGT

Ist Group – Lawyers

Responses from the lawyers reveal that 95% of the lawyers believe that NGT has been able to
grant speedy justice.

RESPONSES OF THE LAWYERS REGARDING SPEEDY

AND EFFECTIVE DISPOSAL OF CASES BY NGT

YES N DK
1%
4%

95%

Observation of the researcher on the basis of above data analysis

On the basis of the analysis of the above data, the researcher observed that majority of the
lawyers believe that NGT has been successful in speedy and effective settlement of
environmental matters this promptness in deliberating over cases is reflected in the increasing
number of cases being settled by NGT. Moreover, lawyers were of the opinion that some
environmental clearance are of such a grave nature that giving a judgment on them in 6 months
would lead to grave injustice like the “Lavasa” case. On one hand, the National Green Tribunal
gives fast-track judgments and on the other hand, the Tribunal deals with cases extensively when
required.

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IInd Group – General Public

Responses from the public reveal that 48% of the people believe that NGT has been able to grant
speedy justice.

RESPONSES OF THE GENERAL PUBLIC REGARDING

SPEEDY AND EFFECTIVE DISPOSAL OF CASES BY NGT

Y N DK

17%

35%

48%

Observation of the researcher on the basis of above data analysis

On the basis of the analysis of the above data, the researcher observed that unlike lawyers,
majority of the people think that NGT has not been successful in speedy and effective settlement
of environmental matters. According to them NGT has failed to provide speedy justice. They are
of the opinion that there are certain cases, which are affecting the rights of the people but are still
pending before the tribunal to give its final verdict like the case of 2,400 MW power plant in
Tamnar, Chhattisgarh, owned by Naveen Jindal and pollution problems in Singrauli district due
to coal mining activities and thermal power plants and many others.

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 2. RESPONSES OF THE REPONDENTS REGARDING NGT BEING AN
EFFECTIVE DETTERENT

Ist Group – Lawyers

Responses from the lawyers reveal that 88% of the lawyers believe that NGT has been able to act
as an effective deterrent.

RESPONSES OF THE LAWYERS REGARDING NGT BEING

AN EFFECTIVE DETTERENT

Y N DK
2%

10%

88%

Observation of the researcher on the basis of above data analysis

On the basis of the analysis of the above data, the researcher observed that majority of the
lawyers believe that NGT has been able to act as an effective deterrent. More than 50 per cent of
the cases filed in NGT relate to green clearances awarded by MoEF&CC to development
projects. Cases have been filed, challenging the decisions of the government in awarding
clearances and against its conducting public hearings properly. The lawyers are of the view that
NGT has created a deterrence impact and even MoEF&CC is today afraid of it.

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IInd Group – General Public

Responses from the general public reveal that 64% of the people believe that NGT has been able
to act as an effective deterrent.

RESPONSES OF THE GENERAL PUBLIC REGARDING NGT

BEING AN EFFECTIVE DETTERENT

Y N DK

23%

13%
64%

Observation of the researcher on the basis of above data analysis

Based on the analysis of the above data, the researcher observed that majority of the people
believe that NGT has been able to act as an effective deterrent. According to the people, the
Tribunal has been setting up examples for other defaulters by imposing heavy taxes on polluter.
To quote, Tribunal did impose heavy liability on Simbhaoli sugar mills and distillery unit and
Gopaljee Dairy Pvt Ltd. The Tribunal asked Simbhaoli sugar mills to pay Rs 5 crore and
Gopaljee Dairy to pay Rs 25 lakh to the Uttar Pradesh Pollution Control Board because of
pollution of the river Ganga.

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 3. RESPONSES OF THE REPONDENTS REGARDING ACCESSIBILITY OF
JUSTICE
Ist Group – Lawyers
Responses from the lawyers reveal that 43% of the lawyers believe NGT’s justice is available to
everybody.

RESPONSES OF THE LAWYERS REGARDING ACCES-

SIBILITY OF JUSTICE

Y N DK

20%

43%

37%

Observation of the researcher based on above data analysis

Based on the analysis of the above data, the researcher observed that majority of the lawyers
believe that NGT has been able

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IInd Group – General Public

Responses from the public reveal that 82% of the people believe NGT’s justice is available to
everybody.

RESPONSES OF THE PEOPLE REGARDING ACCESSI-

BILITY OF JUSTICE

Y N DK

8% 10%

82%

Observation of the researcher based on above data analysis

Based on the analysis of the above data, the researcher observed that majority of the people
believe that NGT has not been able to provide justice accessibly.
According to this group, biggest challenge that people face is the access to justice. Access to
justice is denied by two means in NGT: firstly, by the provision of limitation period and
secondly, by virtue of NGT being located in only five big cities spread across India. People were
of the view that once the tribunal started operating, lower courts were barred from taking up
environmental cases. Not that they were doing a great job, but the debarring of lower courts has
meant that poor and disadvantaged communities living in remote parts of the country now have
to go to NGT Benches in their respective zones to get justice.

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 4. RESPONSES OF THE REPONDENTS REGARDING SUO MOTU POWERS

Ist Group – Lawyers

Responses from the lawyers reveal that 90% of the lawyers believe that NGT should be vested
with suo motu powers.

RESPONSES OF THE LAWYERS REGARDING SUO MOTU

POWERS

Y N DK
2%

8%

90%

Observation of the researcher based on above data analysis

Based on the analysis of the above data, the researcher observed that majority of the lawyers
believe that NGT should be vested with suo motu powers. Suomotu jurisdiction has to be an
integral feature of NGT for better and effective functioning. While another group of lawyers are
of the opinion that NGT should not be vested with suo motu powers. According to them, a
tribunal is a statutory body whose jurisdiction is circumscribed by statute. A tribunal cannot
enlarge its jurisdiction.

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IInd Group – General Public

Responses from the public reveal that 55% of the people believe NGT should be vested with suo
motu powers.

RESPONSES OF THE PEOPLE REGARDING SUO MOTU

POWERS

1st Qtr N DK

33%

55%

12%

Observation of the researcher based on above data analysis

Based on the analysis of the above data, the researcher observed that majority of the people
believe that NGT should be vested with suo motu powers. NGT has taken up cases on its own
motion and the Statute should be amended to provide the powers of suo motu to the Tribunal.

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 5. RESPONSES OF THE REPONDENTS REGARDING AMENDMENT OF THE
PRESENT ACT

Ist Group – Lawyers

Responses from the lawyers reveal that 85% of the lawyers believe that NGT Act should be
amended to get tune with the present need of the society.

RESPONSES OF THE LAWYERS REGARDING

AMENDMENT OF THE PRESENT ACT

Y N DK

5%
10%

85%

Observation of the researcher based on above data analysis

On the basis of the analysis of the above data, the researcher observed that majority of the
lawyers believe that NGT Act, should be amended to give more powers to the Tribunal Adapting
to emerging environmental problems and reflecting diverse environmental values in the existing
environmental laws, providing executive bodies with the resources required for dealing with
environmental problems, and devolving powers to local institutions and communities wherever
necessary will all ensure better management of natural resources in India. Clear guidelines on
some aspects of environmental laws and policies will also provide the National Green Tribunal
with the independence and strength required to deal effectively with environmental litigations.

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IInd Group – General Public

Responses from the lawyers reveal that 79% of the lawyers believe that NGT Act should be
amended.

RESPONSES OF THE PEOPLE REGARDING AMENDMENT

OF THE PRESENT ACT

Y N DK

9%

12%

79%

Observation of the researcher based on above data analysis

Based on the analysis of the above data, the researcher observed that majority of the people
believe that NGT Act should be amended. The legal framework also needs to be comprehensive
and suitably designed for objective interpretation of environmental laws and policies.

9.3 CONCLUSION
After analyzing the pros and cons of the data it can be said that Legislature has, enacted law
regarding the National Green Tribunal with some aims and objectives yet some lacunae is there
in the Act, which is affecting the core concept of the Green Courts in India. Although the opinion
gathered are different from the general point of view. Majority of the respondents feels that there
is urgent need to reform the National Green Tribunal Act, 2010. The general impression is that
NGT since its inception has been able to provide justice to the people with certain delay but that
too is justified of being a grave nature that giving a judgment on them in 6 months would lead to
grave injustice. Moreover, majority of the respondent wants the Legislature to rest the Tribunal

Role of National Green Tribunal in Environment Protection Page 97

with suo motu powers, which in turn would help in shaping the environment jurisprudence of the
country. Lastly, the analysis gave the conclusion that the Tribunal should be made more
accessible to the common person to protect the rights of the poor people.

Role of National Green Tribunal in Environment Protection Page 98

 CONCLUSION

Never has the importance of the protection of the environment been greater than today. Equally,
vocal is the debate and discussion of how to achieve and maintain the balance between
development and the environment. This apparent dichotomy is writ large in the social and
economic activities of a fast developing nation such as India. In seeking to resolve this challenge,
the creativity of the judiciary has played a major role and continues to do so. In addition, it is
anticipated the National Green Tribunal will continue to make a significant contribution to
encouraging a symbiotic relationship between development and the environment. In particular, it
is clear that the tribunal is even handed when reviewing conflicting interests. It seeks to support
development within the context of sustainability. It determinedly enforces international
principles and those of good governance and transparency by demanding that industries and state
agencies strictly follow established regulatory procedures and do not damage the environment to
the extent that it does not support people’s existence.
An analysis of the NGT’s role over the last four years suggests that it has been progressive in its
approach towards environmental protection in general and the rights of marginalized people in
particular. The NGT has not only come down heavily against microstructures but has also
challenged the big corporate sectors and the central and state governments for not following
environmental regulations.
However, the on-going concern of court list crowding which was a reason for the establishment
of the NGT may yet threaten and jeopardize the effective work of the tribunal. In Bhopal Gas
Peedith Mahila Udyog Sangathan v. Union of India,146 the Supreme Court stated, “keeping in
view the provisions and scheme of the NGT, it can be safely concluded that the environmental
issues should be instituted and litigated before the NGT. Thus, in unambiguous terms, we direct
that all matters instituted after coming into force of the NGT Act and which are covered under
the provisions of NGT Act shall stand transferred and can be instituted before NGT. This will
help in rendering expeditious and specialized justice in the field of environment to all
concerned.’’ With limited professional personnel and only five benches, the issue of court
clogging may re-emerge in the NGT.

146
Writ Petition(C) No. 50 of 1998; Order dated August 9 2012.

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Nevertheless, the decisions of the NGT demonstrate both the effectiveness of administrative
tribunals and the benefit provided by scientific expertise. Such involvement moves judicial
activity onto a new level. Essentially, the NGT can also produce proactive, environmental
policies rather than being reliant exclusively on reactive judicial remedies. This innovative
development enhances the already important work being undertaken by the National Green
Tribunal147.
The institutional redesigning of this judicial structure is unlikely to be the panacea for all
environmental ills but it can provide a lead in terms of new forms of environmental dispute
resolution.
National Green Tribunal is thus a new beginning for India's struggle between development and
environment. Despite some inherent flaws, NGT is a significant initiative by the Government
and the rightful implementation of the law would certainly usher the country towards the path of
Sustainable Development and guarantee a harmonious relationship between the environment and
society148.
Thus, to conclude in the words of Supreme Court “We firmly believe that this approach of the
Tribunal will be a revolutionary step for the judiciary and an even greater measure towards
environment protection”149.

147
Aruna B Venkat, “THE NATIONAL GREEN TRIBUNAL ACT, 2010: AN OVERVIEW”, NALSAR Law
Review, Vol.6: No.1. 2011.
148
http://www.cseindia.org (Visited on 20.10.2015).
149
http://www.wwfindia.org. (Visited on 25.10.2015).

Role of National Green Tribunal in Environment Protection Page 100

 SUGGESTIONS – STRENGTHENING THE NATIONAL GREEN
TRIBUNAL

An analysis of the NGT’s role over the last five years suggests that it has been progressive in its
approach towards environmental protection in general and the rights of marginalized people in
particular. The NGT has not only come down heavily against microstructures but has also
challenged the big corporate sectors and the central and state governments for not following
environmental regulations.
To ensure appropriate responses to environmental litigations, however, the Indian government
should lay down guidelines for the effective exercise of powers by the NGT. The decisions of the
Tribunal and expert groups should be respected and implemented by all other government
departments. If this happens, the NGT’s role will benefit India’s long-term environmental
improvement. There should also be stringent guidelines in place for the appointment of expert
members to the Tribunal based on the suggestions of different environmental groups, legal
experts, judges, and academics. The entire process should be transparent and amenable to public
scrutiny and review by judicial bodies and experts from different backgrounds, including
scientists, technicians, judges and NGOs150.
In order to be able to entertain petitions and prevent frivolous environmental litigations, the
National Green Tribunal should be equipped with all the resources required for scrutinizing and
reviewing petitions and investigating the intentions of petitioners who seek its attention. Its
function should be more transparent than the Supreme Court’s in environmental cases. More
importantly, the procedures of PIL should be institutionalized with guidelines in place for
emphasizing the conditions under which the tribunal can entertain or reject a petition seeking its
attention. Moreover, given the present composition of the NGT, it is very difficult on its part to
monitor its directions in each case. In order to implement NGT’s directions effectively, it is
necessary to make the implementation process more efficient through the marshaling of agencies
responsible for the control of pollution, such as local government bodies and pollution control
boards.

150
Armin Rosencranz and Geetanjoy Sahu, “Assessing the National Green Tribunal after Four Years”, Journal of
Indian Law and Society (2015, Vol. 5).

Role of National Green Tribunal in Environment Protection Page 101

The legal framework also needs to be comprehensive and suitably designed for objective
interpretation of environmental laws and policies. There is a plethora of legislations on
environmental issues in India but many of them date back to the pre-independence era and do not
correspond to the policies or realities of the post-independence period. As a result, they need to
be reviewed and consolidated. The Forest Law of 1927, and the Waste Claims Act, 1863, in
particular, need to be reviewed in order to bring them up to date with the constitutional
proclamations of environmental protection and the objectives of the Forest Policy of 1988 and
other policies of land use. Many areas of environmental concern, including noise pollution and
radioactive waste proliferation, are inadequately covered under existing legislations and need to
be addressed by updated legislation. Environmental impact assessment and industrial zoning
must also be provided with adequate legal support151.
Moreover, there are “frivolous” cases being filed in NGT. The tribunal has recognized this issue
and has fined some people for this. Since the locus standi has to be broad as environment as an
issue affects everybody, the NGT is likely to be used for vested and frivolous litigation.
However, it can borrow the strategy adopted by the high courts and the Supreme Court, wherein
these courts have set conditions for the admission of a public interest petition and established a
PIL cell to sort out frivolous litigation at the source itself.
NGT has started putting financial penalties on polluters, but so far, it has not come out with a
guideline on this. NGT needs to establish principles and criteria to estimate fines, damages and
compensation. It should also identify institutions and experts who can help it to scientifically
estimate environmental damages/compensation/fines on a case-to-case basis. These will bring in
objectivity in its judgments152.
Adapting to emerging environmental problems and reflecting diverse environmental values in
the existing environmental laws, providing executive bodies with the resources required for
dealing with environmental problems, and devolving powers to local institutions and
communities wherever necessary will all ensure better management of natural resources in India.
Clear guidelines on some aspects of environmental laws and policies will also provide the
National Green Tribunal with the independence and strength required to deal effectively with
environmental litigations.

151
Supra, no. 23.
152
http://www.openthemagazine.com (Visited on 20.10.2015).

Role of National Green Tribunal in Environment Protection Page 102

The National Green Tribunal enjoys the quality time needed for dealing only with environmental
litigation in an effective manner. Prior to 2010, the Supreme Court was overburdened with a
proliferation of environmental litigations, and its judges did not have the requisite expertise to
deal with them. Moreover, the scientific agencies it relied on for advice and monitoring were
often weak or inconsistent. The National Green Tribunal now has the opportunities and
advantages required to further strengthen the foundations of Indian environmental jurisprudence
laid down by the Supreme Court through its series of innovative and landmark judgments.
The National Green Tribunal could play a particularly significant role in the context of proposed
reforms regarding the structure of environmental governance and the emergence of active
environmental groups in the country.
Thus, to conclude we may say that, the National Green Tribunal is the most consistent and
progressive environmental authority in India. Unlike the Supreme Court, the NGT does not
routinely favour infrastructure projects, nor does it cause a delay in resolving the cases before it.
It had redefined the role of environmental experts and the criteria to select such experts.

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 BIBLIOGRAPHY

1. STATUTES

 Civil Procedure Code

 Constitution of India
 Criminal Procedure Code
 Indian Evidence Act, 1872
 National Environment Tribunal Act, 1995
 National Environment Appellate Authority Act, 1997
 Stockholm Declaration of 1972
 The Environment (Protection) Act, of 1986
 The Water (Prevention and Control of Pollution) Act 1974
 The Air (Prevention and Control of Pollution) Act
 The Rio Conference of 1992”
 The Water Cass Act 1977
 The Forests (Conservation) Act 1980
 The Public Liability Insurance Act 1981.
 The Biological Diversity Act 2002.
 World Charter for Nature 1982.

2. ARTICLES

 Jha, Shreyasi, and Shanti Gamper-Rabindran. "Environmental impact of India “trade

liberalization." (Cornell University International Colloquium on S75 Years of
Development Research, 2004.)
 Ashok Verma, The National Green Tribunal, 2010, (Astrea Legal Associates LLP, 2011).
 Jayasundere, R. “Access to Justice Assessments in the Asia Pacific: A Review of
Experiences and Tools from the Region”, 11, Bangkok, Thailand: UNDP, , (2012).

Role of National Green Tribunal in Environment Protection Page 104

  Pring, G. and Pring C., 'Greening Justice: Creating and Improving Environmental Courts
and Tribunals’, 6, Washington DC: Access Initiative, (2009).

3. JOURNALS

 Gitanjali Nain Gill, “Access to Environmental Justice in India with Special Reference to
National Green Tribunal: A Step in the Right Direction”, Gill / OIDA International
Journal of Sustainable Development, (2013).
 Chandra Bhushan, “NGT must be strengthened”, Journal of Court Innovation, 2014.
 Rajeev Dhawan. “Green Court”, Law Resource India, October 18,2013
 Yukti Choudhary, “Tribunal on Trial”, The Nation, November 30, 2014.
 Mehboob Jeelani, “The Man Who Dared To Challenge Naveen Jindal”, The Carvan A
Journal Of Politics And Culture, April 29 2014.
 Aruna B Venkat, “THE NATIONAL GREEN TRIBUNAL ACT, 2010: AN
OVERVIEW”, NALSAR Law Review, Vol.6: No.1. 2011.
 Armin Rosencranz and Geetanjoy Sahu, “Assessing the National Green Tribunal after
Four Years”, Journal of Indian Law and Society (2015, Vol. 5).

4. REPORTS

 Report of the United Nations Conference on Environment and Development, (United

Nations General Assembly, Rio de Janeiro, 1992).
 Law Commission of India, 186th Report on Proposal to Constitute Environment Courts,
(September, 2003).

5. BOOKS

 P.S. Jaswal. and N. Jaswal (ed.), Environmental Law, 59, (Allahabad Law Agency,
Faridabad, 2009).

Role of National Green Tribunal in Environment Protection Page 105

 6. NEWSPAPER REPORTS

 Subramani, “Green tribunal's wings clipped, Madras high court halts suo motu
proceedings”, The Times of India, January 3, 2014.
 Editorial, “Singrauli pollution: Panel submits report to National Green Tribunal”,
dna, November 13, 2014.
 Editorial, “National Green Tribunal has received 7768 complaints: Prakash
Javadekar” The Economic Times, March 3, 2015.
 Akansha Jain, “NGT asks Railways for report on emissions from engines”, The
Hindu, October 30, 2015. Editorial, “Aravali pollution: NGT asks Govt to reply by
Nov 23”, The Times of India, October 29, 2015.
 Akansha Jain, “Green concern over metro line between Noida, Greater Noida”, The
Hindu, October 27, 2015.
 Akansha Jain, “No work on Barapullah till clearance is sought: NGT”, The Hindu,
October 27, 2015.
 Rageshari Ganguly, “NTPC gets NGT notice for sand mining in Gadarwara thermal
plant”, The Times of India, October 20, 2015.
 Aneesha Mathur, “Commercial vehicles entering Delhi ordered to pay ‘environmental
tax”, The Indian Express, October 8, 2015.
 Damini Nath, “No environment compensation collected on Day 1”, The Hindu,
November 2, 2015.

7. WEBSITES

 www.astrealegal.com.
 www.ssrn.com/link/OIDA-Intl-Journal-Sustainable-Dev.html.
 www.hecs.in.
 www.downtoearth.org.in.

Role of National Green Tribunal in Environment Protection Page 106

  www.cseindia.org.
 www.wwfindia.org.
 www.openthemagazine.com.
 www.livelaw.in.

Role of National Green Tribunal in Environment Protection Page 107

 ANNEXURE – I

QUESTIONNAIRE

ON

ROLE OF NATIONAL GREEN TRIBUNAL IN ENVIRONMENT

PROTECTION

TO BE RETURNED TO:

NOOR FATIMA

FACULTY OF LAW

JAMIA MILLIA ISLAMIA

Role of National Green Tribunal in Environment Protection Page 108

This questionnaire consists of around ten questions each of which carries three options. At the

end of each of the ten questions, some space is left for the additional comments on the issues not

covered by the questions. Please feel free to use additional sheets wherever found necessary.

You may like to give your general and specific views and comments on any related aspects. A

blank sheet is attached at the end of the questionnaire for this purpose.

Though the researcher would like to have your name and address indicated on the front page, the

researcher have no problem if you decide to avoid the same. If you want to keep the source of

information secret, you can do so accordingly.

Your responses on the questionnaire would be appreciated.

Role of National Green Tribunal in Environment Protection Page 109

 QUESTIONNAIRE

NAME (OPTIONAL):

PROFESSION: AGE:

Following are the sets of question regarding right to privacy and government interception. The
researcher intention is to seek your personal view regarding the same. Fill the block, which you
think is appropriate, and close to your view.

1. Do you think NGT has been successful in speedy and effective settlement of

environmental matters?

Yes No Do not know

2. Do you think NGT is sound on technical grounds?

Yes No Do not know

3. Do you think NGT works as an effective deterrent?

Yes, No Do not know

4. Do you think that NGT provides accessibility to justice?

Yes, No do not know

5. Do you think NGT is overstepping its brief?

Yes No Do not know

6. Do you think NGT should be vested with suo motu powers?

Yes No Do not know

7. Do you think NGT have the powers of judicial review?

Yes No Do not know

Role of National Green Tribunal in Environment Protection Page 110

 8. Do you think NGT can take up any case, which can be termed as “substantial question of

environment”?

Yes No Do not know

9. Do you think NGT in current format serve the purpose it is meant to be?

Yes No Do not know

10. Do you think NGT Act, should be amended?

Yes No Do not know

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 PHOTOGRAPHS OF THE VISIT TO NATIONAL GREEN TRIBUANL, PRINCIPAL
BENCH

Role of National Green Tribunal in Environment Protection Page 112

Role of National Green Tribunal in Environment Protection Page 113
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Role of National Green Tribunal in Environment Protection Page 115