National Green Tribunal (NGT) & Supreme Court Appeals

The National Green Tribunal (NGT) is a specialized judicial body in India established in 2010 under the National Green Tribunal Act, 2010, to handle environmental disputes and cases related to environmental protection, forest conservation, and pollution control.

Key Aspects of the NGT

Jurisdiction:

The NGT has jurisdiction over civil cases involving environmental laws such as:

• The Water (Prevention and Control of Pollution) Act, 1974
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• The Forest Conservation Act, 1980
• The Biological Diversity Act, 2002

Structure:

• Chairperson (a retired judge of the Supreme Court or High Court)
• Judicial Members (retired High Court judges)
• Expert Members (environmental experts and scientists)

Powers & Functions:

• It can provide relief, compensation, and restitution of damaged ecology.
• It follows principles of natural justice and the precautionary principle.
• It has the power to impose fines and direct remedial actions.

Binding Nature:

Orders of the NGT are binding and enforceable, like those of a civil court.

Appeals to the Supreme Court

Under Section 22 of the NGT Act, an aggrieved party can appeal directly to the Supreme Court against an NGT order.

• The appeal must be filed within 90 days of the NGT's order.
• The Supreme Court has the power to review, modify, or set aside NGT’s decisions if they violate legal or constitutional principles.

Grounds for Appeal to the Supreme Court:

• Violation of fundamental rights (Article 21 - Right to Life).
• Conflict with the Constitution of India.
• Misinterpretation of environmental laws.
• Jurisdictional errors by the NGT.

Significance of NGT in India

• Speedy disposal of environmental cases.
• Reduced burden on regular courts.
• Strengthens environmental governance.
• Has played a major role in landmark environmental cases, including:
• Banning diesel vehicles over 10 years old in Delhi.
• Restricting illegal mining.
• Controlling industrial pollution in the Ganga and Yamuna rivers.