National Green Tribunal

This article talks about National Green Tribunal. The rules applicable to it and also procedure to file a complaint in National Green Tribunal.

Introduction

The national green tribunal in India was establish by the National Green Tribunal Act, 2010. Thus repealing National Environment Tribunal Act,1995 and National Environment Appellate Authority Act,1977. The main purpose of establishing this tribunal was to facilitate expeditious disposal. Specificaly of cases relating to environment and pollution by industries. The inspiration to set up this tribunal was from United Nations Conference on Environment and Development back in June, 1992. India was the third country to set up an environment protection court after Australia and New Zealand. The principal place of sitting of NGT is New Delhi with many other branches.

Structure, Power and Rules

The structure of an NGT is given under section 4 of the act. It comprises a Chairperson, Judicial Members, and Expert members. The minimum number of members for each is 10 subject to a maximum of 20 members. The chairperson of the tribunal has to be a Judge of the Supreme Court or Chief Justice of a High Court.

The tribunal according to section 14 of the act have jurisdiction to all civil matters. In all where a question relating to the environment is involve, the tribunal draws its powers from the act itself.

The tribunal is not bound by laws of the Indian Evidence Act, 1872. Also not procedures laid down by Civil Procedure Code, 1908. This tribunal functions by the principles of natural justice and sustainable development. The tribunal also has laid down a certain set of rules in April, 2011 on their website. They gives an idea to a person regarding how to file a complaint. Some acts come under exclusive jurisdiction of the tribunal which is given in Schedule 1 of the act which are

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

Compensation and punishment-

The tribunal can grant a relief or compensation under section 15(1) of the act. Restitution of property damage, or/and restitution of the environment for such area or areas are covered.

If a party fails to comply with the orders, and imprisonment of up to 3 years or a fine of 10 crores max, or both can be imposed.  If a party is not satisfy by the decision of tribunal can approach the Supreme Court within 90 days of the date of judgment. The court also laid down the heads under which compensation can be claimed in schedule II of the act.

Procedure to file a complaint

The procedure to file a complaint in the tribunal is very simple. The official language of the tribunal is English means only in English, a complaint can be file.

PROCEDURE:

1. An application or appeal under section 18 of the act shall be present. It can be by the person himself or by a legal practitioner to Registrar of appropriate Tribunal.
2. A Form II to be file if compensation is demand.
3. Application should be in triplicate under 2 compilations
   1. Compilation 1: Application or appeal along with impugned order
   1. Compilation 2: All other documents and annexures referred to in the application or appeal, in a paper book form.
4. There are more than 1 party, an extra copy for each party.
5. A fee of ₹1000/- have to submit by the appellant if no compensation is ask in the application.
6. A fee of ₹1000/- + 1% of the compensation amount if compensation is demand.

As the procedure is simple, any individual or environment activist as a group can file a complaint in any Tribunal all over India.

Conclusion

NGT since its establishment has contributed heavily in sustainable development and environmental protection. Some of the landmark judgments of the tribunal includes the judgment of Almitra H. Patel VS. Union of India in 2012 by which complete prohibition on open burning of waste on lands, including landfills was impose.

Another was Ms. Betty C. Alvares VS. The State of Goa and Ors. Under which NGT held that application by a foreign national is maintainable as Section 2(j) a person described in the act is constructed in a broader sense. This shows us how within a short period, NGT has made its presence felt and is increasingly contributing towards environmental cause.