βοΈ Chapter 08 Β· Topic 05 Β· Environmental Laws
National Green Tribunal (NGT)
NGT Act 2010, establishment, jurisdiction, benches, powers, compensation, landmark orders, comparison with regular courts β complete UPSC & PSC notes.
ποΈ Establishment of NGT
- The National Green Tribunal (NGT) was established under the National Green Tribunal Act, 2010
- Came into existence: 18 October 2010
- India became the third country in the world to set up a specialised environmental tribunal (after Australia and New Zealand)
- Headquartered in New Delhi (Principal Bench)
- Established to provide fast-track environmental justice and relieve the burden on regular courts
- Composition: Chairperson (a retired Supreme Court judge) + Judicial Members (retired High Court judges) + Expert Members (environmental scientists/experts)
- Minimum: 10 full-time members; maximum: 20 full-time members
βοΈ Jurisdiction of NGT
- Original jurisdiction β can hear cases directly (not just appeals); any person can approach NGT directly
- Appellate jurisdiction β appeals against orders of environmental regulatory authorities (MoEFCC, SPCBs, etc.)
- NGT can hear cases related to:
- Environment Protection Act, 1986
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1981
- Forest (Conservation) Act, 1980
- Biological Diversity Act, 2002
- Public Liability Insurance Act, 1991
- National Environment Appellate Authority Act, 1997
- NGT cannot hear cases related to: Wildlife Protection Act, Indian Forest Act, Scheduled Tribes and Other Traditional Forest Dwellers Act
β NGT vs Regular Courts: NGT has expert members (scientists) alongside judicial members β enabling technically informed decisions. NGT must dispose of cases within 6 months (regular courts have no such time limit). NGT applies the precautionary principle and sustainable development principle. NGT orders are binding and can be appealed only to the Supreme Court. NGT can award compensation and impose penalties.
πΊοΈ NGT Benches
| Bench | Location | Jurisdiction |
|---|---|---|
| Principal Bench | New Delhi | All India; hears most important cases |
| Zonal Bench (North) | New Delhi | Delhi, Haryana, Punjab, Himachal Pradesh, J&K, Uttarakhand, UP, Rajasthan |
| Zonal Bench (South) | Chennai | Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, Puducherry |
| Zonal Bench (East) | Kolkata | West Bengal, Odisha, Bihar, Jharkhand, Assam, NE states |
| Zonal Bench (West) | Pune | Maharashtra, Goa, Gujarat, MP, Chhattisgarh |
| Zonal Bench (Central) | Bhopal | MP, Chhattisgarh (shared with Pune bench) |
π° Powers & Compensation
- NGT can award compensation to victims of environmental damage
- NGT can impose penalties on polluters
- NGT applies the polluter pays principle β polluters must pay for remediation and compensation
- NGT can issue interim orders (stay orders) to prevent ongoing environmental damage
- NGT can direct restoration of damaged environment
- NGT orders are enforceable as decrees of civil courts
- Appeals against NGT orders go to the Supreme Court of India
- Limitation period: application must be filed within 6 months of the cause of action (extendable by 60 days for sufficient cause)
π Landmark NGT Orders: (1) Ban on diesel vehicles older than 10 years in Delhi (2015). (2) Yamuna floodplain protection orders. (3) Ganga rejuvenation orders β directed states to set up STPs. (4) Solid waste management orders for municipalities. (5) Compensation to victims of industrial pollution. (6) Orders on sand mining regulation. NGT has been proactive in environmental protection, often taking suo motu cognisance of environmental issues.
β Revision Checklist β NGT
β
NGT = National Green Tribunal = established under NGT Act 2010
β Came into existence = 18 October 2010
β India = 3rd country with specialised environmental tribunal (after Australia, New Zealand)
β Principal Bench = New Delhi; 5 zonal benches across India
β Composition = Chairperson (retired SC judge) + Judicial Members + Expert Members
β Original jurisdiction = anyone can approach NGT directly
β Appellate jurisdiction = appeals against MoEFCC, SPCB orders
β NGT covers = EPA, Water Act, Air Act, FCA, Biological Diversity Act
β NGT does NOT cover = Wildlife Protection Act, Indian Forest Act, FRA
β Must dispose cases within 6 months
β Applies precautionary principle and sustainable development principle
β Can award compensation, impose penalties, direct restoration
β Appeals against NGT orders = Supreme Court only
β Limitation period = 6 months from cause of action
β Came into existence = 18 October 2010
β India = 3rd country with specialised environmental tribunal (after Australia, New Zealand)
β Principal Bench = New Delhi; 5 zonal benches across India
β Composition = Chairperson (retired SC judge) + Judicial Members + Expert Members
β Original jurisdiction = anyone can approach NGT directly
β Appellate jurisdiction = appeals against MoEFCC, SPCB orders
β NGT covers = EPA, Water Act, Air Act, FCA, Biological Diversity Act
β NGT does NOT cover = Wildlife Protection Act, Indian Forest Act, FRA
β Must dispose cases within 6 months
β Applies precautionary principle and sustainable development principle
β Can award compensation, impose penalties, direct restoration
β Appeals against NGT orders = Supreme Court only
β Limitation period = 6 months from cause of action