National Green Tribunal (NGT)

Posted by priya saini
March 9, 2018

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NGT is a specialised body equipped with the necessary expertise to handle enviornmental disputes. Tribunal is basically specialised courts in a particular expertise field to educate and jurisdiction that is what NGT does. If there is any problem related to enviornment then they can go to NGT they will solve it. It is established in NGT act 2010 so it is a statutory body . It runs on the principle of pollution pays in which anyone harming the enviornment will have to pay the fine for it . One summit was there in 1992 and known as RIO Summit in which various meetings were there . India said that there should be panel in every country to handle the enviornmental pollution. It was formed in India , New Zealand and Australia . NGT is a part of judiciary from which some members were taken out to see enviornmental issues. In NGT judiciary government cant intervene ministry and politics can also not interfere . Judiciary has unlimited powers .

Now the question rises what is the difference between statutory , constitutional and institutional body ? The answer is that constitutional body only derieves their powers like UPSC it derieves from constitution but statutory bodies are made from a act or law of parliament , a non statutory body is a temporary body made for small issues whereas institutional body is a kind of institution , tangible and office setups and all. It draws inspiration from article 21 a right to healthy enviornment .

What are the powers of NGT ? The acts mandate enforcement of any legal right related to enviornment and giving relief and compensation for damages includes person or property. Powers equivalent to that of a civil court it runs on the principle of national justice . The cases heared in it are related to violation of following acts like –  Forest Conservation Act , Biological Diversity Act, Enviornment protection Act and Water air ( prevention control of pollution Act ) . The decisions were taken on the basis of majority .

Why NGT is important ? Ordinary courts may find it difficult to handle those issues without any sufficient expertise . Jurisdiction will provide speedy enviornmental justice . It will going long way for ensuring sustainable development . It will help remove arbitrary enviornmental destruction .

The members and structure of NGT include full-time chairperson in which judicial members are minimum 10 and maximum 20 and expert members are minimum 10 and maximum 20. The chairperson can invite any person having specialised knowledge to assist the tribunal. The principal bench is in New Delhi and regional benches in Pune, Bhopal, Kolkata and Chennai in western, central, eastern and southeastern. Thus there is a geographical institution. In NGT judgement should be in 6 months. If there is a problem in high court thus they can also approach the supreme court. In today ‘s date experts are activist and bureaucrats. Bureaucrats can be in environment for 5-6 years only retired. The judge has no knowledge it works according to constitution so he consults experts to work on it . NGT was praising odd even car thing . Head is made by 10 benches judges . They made according to age and signed by president to pass a ban on something .

Notable judgements and orders in NGT are recently ordered art of living . Sri sri Ravishankar to pay fine regarding damage to yamuna flood plains . Kochi bench banned diesel vehicles more than 10 years from operating same order in Delhi . Cancellation Odisha banned illegal sand mining .

The Criticism related to NGT is not having widespread presence for example only Bhopal bench in whole central region . It has been accused of overstepping its jurisdiction and taking actions for which it has not been empowered . Some argue expertise of members . Conflicts between NGT and high courts and governments. Despite the steps taken there has been a little change im pollution levels. Cases backlog are increasing . Activist Ramesh Agarwal from Rajgarh chattisgarh also called as green man criticised NGT.

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