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Impact of National Green Tribunal on Environmental Justice in India

Publications, Research paper

Abstract

The National Green Tribunal in India was established in the year 2010 by the National Green Tribunal Act, 2010 (1). The National Green Tribunal is a Judicial Body in India which was established to exclusively deal with the Environment related cases in India. The National Green Tribunal has its Principal Bench in New Delhi and other Zonal benches in Chennai, Kolkata, Bhopal and Pune. This research paper draws attention to towards chain of events which led to the establishment of the National Green Tribunal in India and further clarifies the Jurisdiction of the National Green Tribunal. This research paper also focuses on the landmark judgements given by the National Green Tribunal which have now become precedents. This research paper further focuses on the Performance and the impact of the National Green Tribunal on environmental justice in India. In this research Paper the Author has tried to cover most of the relevant aspects related to the National Green Tribunal.

Keywords

 National Green Tribunal (NGT), Green Courts, Article 21, Constitution of India, Healthy Environment, Conservation of Environment, Fast Track Court, Performance of National Green Tribunal, The National Green Tribunal Act, 2010, Environment related Cases, Powers of National Green Tribunal, Composition of National Green Tribunal, Environmental Justice, Jurisdiction of National Green Tribunal, Protection  of  Life and Personal liberty

Introduction

Different countries globally have established there own “Green Courts” or “Green Tribunals” to deal with Environment related Litigations which are generally very complex and technical in nature and hence require a certain level of specialized knowledge. India as one of the developing countries is the third country in the world to establish its own specialized Green Courts or Green Tribunals. In India these Green Courts are termed as the National Green Tribunal (NGT). The National Green Tribunal (NGT) was established under the National Green Tribunal Act 2010 on the 18th day of October 2010. The National Green Tribunal (NGT) is a specialized body that specifically deals with Environment related litigations. It replaces the National Environment Appellate Authority. The National Green Tribunal is inspired by Article 21 of the Constitution of

 India which in literal sense deals with the Protection  of  Life and Personal liberty but a wider interpretation of Article 21 (2) includes Right to Healthy Environment under Right to Life. In the Case of Bandhua Mukti Morcha vs Union of India , AIR 1984 SC 802 (3) the Supreme Court held that  Healthy Environment is a part of Right to life, hence we can say that the establishment of the National Green Tribunal is highly influenced by Article 21 of the Constitution of India.

Background for the Establishment of National Green Tribunal

It is Pertinent to note that prior to the establishment of the National Green Tribunal it was the Indian Judiciary which took active part in imparting environmental justice but due to increase in the number of Public Interest Litigations and the complex , technical and scientific nature of the environmental cases it was becoming difficult for the judiciary to solve such cases , therefore the government felt that there was a dire need to establish a specialized tribunal to deal with Environmental matters. Further there were doubts as to the competency of the courts to deal with scientific and technical environmental matter. Hence the government felt that it was necessary to establish a Specialized tribunal to deal with environmental matters which are complex , technical and scientific in nature.

Further the Supreme court in 3 important judgements , explained the need for the establishment of the Environmental courts

  1. MC Mehta vs Union of India AIR 1987 SC 965 (4)
  2. Indian Council for Enviro Legal Action vs Union of India AIR 1996(3) SCC 212 (5)
  3. A.P Pollution Control Board vs Professor M.V Naidu AIR 1999(2) AIR SCC 718 and 2001(2) SCC 62 (6)

“In the above cases the Supreme Court observed as the environmental cases are complex, technical, and involves the assessment of scientific data , it was desirable to setup environmental courts on a regional basis with a legally qualified judge and two experts and such court shall be a fast track court.”

Further the Law Commission in its 186th Report gave  recommendations to constitute environmental courts. Such recommendation was given by the Law Commission because of the complex ,technical and scientific issues in the Environmental Cases. Further the Law Commission was of the view that the Indian Judiciary lacked such scientific and technical knowledge hence the establishment of a Environmental Court was the best solution to deal with the complex and technical environmental cases. According to the law commission an environmental court with a amalgamation of Legal as well as scientific experts will be a suitable forum for the settlement of Environmental Cases.

Finally in the year 2009 the The National Green Tribunal Bill (7)  was introduced in the Parliament which had aimed to setup specialized environmental courts in the country. The bill replaced the National Environmental Appellate Tribunal. The National Green Tribunal bill further talked about the Establishment of the National Green Tribunal which would include Judicial as well as scientific experts to deal with the complex, scientific and technical environmental cases. Further the bill stated that the National Green Tribunal shall deal with substantial questions relating to environment. Substantial Question relating to Environment here means the following :

  1. Activities or Action Affecting the community at large and not a individual group.
  2. Activities or Action Causing significant damage to the environment.
  3. Activities or Action Causing harm to public health.

Establishment of the National Green Tribunal

The National Green Tribunal was established on the 18th Day of October 2010, under section 3 (8)  of the National Green Tribunal Act 2010.As per the National Green Tribunal Act 2010 the National Green Tribunal is a specialized judicial body established for the effective and expeditious disposal of suits that are related to the conservation and protection of forest , environment and other natural resources. Initially it was decided that the main bench of the National Green Tribunal would be established in Bhopal along with 4 circuit benches to be situation at different places.

However currently the principal bench of the National Green Tribunal is established in New Delhi and other branches are situated in Bhopal , Chennai , Kolkata. Further on 25th August 2013 the National Green Tribunal started its Pune circuit bench which will have jurisdiction over the states of Maharashtra , Goa , Gujrat and the Union Territory of Daman & Dui.

Composition of National Green Tribunal (9)

According to Section 4  of the National Green Tribunal Act , 2010 , the National Green Tribunal shall consist of –

  1. A full time Chairperson
  2. Judicial Members not less than 10 but maximum 20
  3. Expert Members not less than 10 but maximum 20

All the Members of the National Green Tribunal are required to hold the office for a term of 5 years and are not eligible for re-election. According to Section 6  of the National Green Tribunal Act , 2010 the Chairperson of the National Green Tribunal shall be appointed by the Central Government in consultation with the chief justice of India. Further the Judicial Members and Expert Members of the National Green Tribunal shall be appointed on the recommendation of such Selection Committee established for the purpose of this act.

Jurisdiction of the National Green Tribunal (10)

Section 14(10) of the National Green Tribunal Act, 2010 pertains to the jurisdiction of the National Green Tribunal. This section grants the Tribunal authority over all civil cases that involve environmental matters, including the enforcement of environmental legal rights. Such cases must arise from the implementation of laws listed in Schedule 1 of the National Green Tribunal Act, 2010.

Furthermore, Section 14 of the National Green Tribunal Act, 2010 sets a time limit of 6 months within which applications seeking the adjudication of disputes under this section must be submitted to the National Green Tribunal. However, it also empowers the Tribunal to consider applications filed beyond this initial 6-month period, but within an additional period not exceeding 60 days, provided the Tribunal is convinced that the applicant had a legitimate reason for the delay in filing the application.

The following are the Enactments Specified Under Schedule 1 over which the National Green Tribunal has Jurisdiction :

  1. The Water (Prevention and Control of Pollution) Act , 1974
  2. The Water (Prevention and Control of Pollution( Cess Act ,1977
  3. The Forest (Conservation) Act , 1980
  4. The Air (Prevention and Control of Pollution) Act , 1981
  5. The Environment (Protection) Act, 1986
  6. The Public Liability Insurance Act, 1991
  7. The Biological Diversity Act , 2002

Section 15(11) of the National Green Tribunal Act, 2010 extends the authority of the Tribunal to address issues related to providing relief and compensation to victims of pollution and other environmental harm arising from the laws specified in Schedule 1 (as mentioned earlier). This includes incidents like accidents involving hazardous substances, as well as the restoration of property damage and environmental rehabilitation.

Section 15(2) (11) clarifies that any relief, compensation, or property and environment restoration mentioned in Section 15(1) (11) is separate from any relief covered by the Public Liability Insurance Act, 1991.

Moreover, Section 15(3) (11) establishes a time limit of 5 years during which applications for compensation, relief, or property and environment restoration under Section 15 should be submitted to the Tribunal. However, it also grants the Tribunal the discretion to consider applications filed within an additional period not exceeding 60 days, provided there is a valid reason for the delay.

Section 15(4) (11) allows the Tribunal to categorize compensation payments into distinct categories, taking into account the extent of damage to public health, property, and the environment. This enables tailored relief for claimants and the restoration of damaged property and ecosystems as deemed appropriate by the Tribunal.

Lastly, Section 15(5) (11) places a responsibility on the claimant to inform the Tribunal about the application filed and any relief received, ensuring transparency and compliance with the Tribunal’s decisions.

Powers of the National Green Tribunal  (12)

The following are the powers of the National Green Tribunal :

  1. The National Green Tribunal Provides a way for the evolution Environmental Jurisprudence through development of Alternate Dispute Resolution Mechanism in the field of Environmental Law.
  2. It reduces the Burden on the Civil Courts and the Higher Courts and provides a speedy and cost effective resolution of the disputes
  3. National Green Tribunal provides reliefs and compensation for any damage caused to persons or property or the Environment.
  4. The National Green Tribunal further has the authority over all civil cases that involve environmental matters, including the enforcement of environmental legal rights with respect to the following enactments :
  5. The Water (Prevention and Control of Pollution) Act , 1974
  1. The Water (Prevention and Control of Pollution( Cess Act ,1977
  2. The Forest (Conservation) Act , 1980
  3. The Air (Prevention and Control of Pollution) Act , 1981
  4. The Environment (Protection) Act, 1986
  5. The Public Liability Insurance Act, 1991
  6. The Biological Diversity Act , 2002

Research Methodology

This research paper on the Topic : “Impact of National Green Tribunal on Environmental Justice in India” is descriptive in nature and the research is based on secondary sources, for the core analysis of the Impact of the National Green Tribunal on Environmental Justice in India. Secondary sources of information like blogs , websites , bare acts , journals were used during the research.

Literature Review :

Impact of The National Green Tribunal on Environmental Justice In India(13)

The National Green Tribunal right from its inception in the year 2010 have done a tremendous job in the speedy disposal of Environment related case. It has acted as a fast track court for the speedy disposal of Environment related cases. From its inception till 31/07/23 the Principal Bench of the National Green Tribunal along with the all the Zonal benches have disposed 39517 cases out of the 41941 cases instituted in it. Currently there are 2424 Cases Pending before the National Green Tribunal.

Fig1 : Performance of NGT from its inception till 31.07.23

Fig 2 : Percentage of Cases Disposed and Pending in the NGT as of 31/07/2023

An analysis of Figure 2 shows that the National Green Tribunal from its inception has been able to solve 94% of the cases instituted in it and it should be noted that only 6% of the cases are Pending before the National Green Tribunal

Performance of National Green Tribunal from 01/08/2022 to 31/07/23

The National Green Tribunal has its Principal bench in New Delhi and other zonal benches in Chennai, Bhopal, Pune and Kolkata ,in this research paper we will be doing a comparative analysis of the Performance of the National Green Tribunals situated at different zones for the Period starting from 01/08/2022 to 31/07/2023.

Fig 3 : Number of Cases and Percentage of Cases Instituted In the Principal and Zonal benches of NGT during the Period of 01/08/2022 to 31/07/2023

During the period of 01/08/2022 to 31/07/2023 The National Green Tribunal’s Principal bench in New Delhi had instituted 1889 cases and 1411 cases were disposed off during the period of 01/08/2022 to 31/07/2023 and currently the pendency of cases before the Principal bench of the National Green Tribunal right from its inception to 31/07/2023 stand at 1265 cases.

Fig 4 : Performance of the Principal Bench of NGT at New Delhi during the Period of 01/08/2022 to 31/07/2023

While the Number of Cases instituted in the Zonal Bench of the National Green Tribunal at Chennai during the period of 01/08/2022 to 31/07/2023 was 421 and 398 cases were disposed by the Zonal Bench during the period of 01/08/2022 to 31/07/2023, at present the total number of pending cases before the zonal bench of the National Green Tribunal at Chennai right from its inception to 31/07/2023 stand at 382

Fig 5 : Performance of the Zonal Bench of NGT at Chennai during the Period of 01/08/2022 to 31/07/2023

Further the Number of Cases instituted in the Zonal Bench of the National Green Tribunal at Bhopal during the period of 01/08/2022 to 31/07/2023 was 238 and 226 cases were disposed by the Zonal Bench during the period of 01/08/2022 to 31/07/2023, at present the total number of pending cases before the zonal bench of the National Green Tribunal at Bhopal right from its inception to 31/07/2023 stand at 96.

Fig 6 : Performance of the Zonal Bench of NGT at Bhopal during the Period of 01/08/2022 to 31/07/2023

Further the Number of Cases instituted in the Zonal Bench of the National Green Tribunal at Pune during the period of 01/08/2022 to 31/07/2023 was 554 and 633 cases (inclusive of previous year cases) were disposed by the Zonal Bench during the period of 01/08/2022 to 31/07/2023, at present the total number of pending cases before the zonal bench of the National Green Tribunal at Pune right from its inception to 31/07/2023 stand at 575.

Fig 7 : Performance of the Zonal Bench of NGT at Pune during the Period of 01/08/2022 to 31/07/2023

 From the Graph it is clear that the bench of the National Green Tribunal at Pune has disposed more number cases than the number of cases instituted in it during the period of 01/08/22 to 31/07/23. This shows how the NGT bench at Pune is working in a speedy manner to dispose off cases and reduce the back log of environmental cases.

Further the Number of Cases instituted in the Zonal Bench of the National Green Tribunal at Kolkata during the period of 01/08/2022 to 31/07/2023 was 334 and 421 cases (inclusive of previous year cases) were disposed by the Zonal Bench during the period of 01/08/2022 to 31/07/2023 ,at present the total number of pending cases before the zonal bench of the National Green Tribunal at Kolkata right from its inception to 31/07/2023 stand at 106.

Fig 8 : Performance of the Zonal Bench of NGT at Kolkata during the Period of 01/08/2022 to 31/07/2023

From the Fig : 8 it is clear that the bench of the National Green Tribunal at Kolkata has disposed more number cases than the number of cases instituted in it during the period of 01/08/22 to 31/07/23. This shows how the NGT bench at Pune is working in a speedy manner to dispose off cases and reduce the back log of the environment cases.

After a comparative analysis of the Performance of the National Green Tribunal we say that the initiative of the central government to establish the National Green Tribunal was a successful initiative, The National Green Tribunal has proved its Competency to deal with the environment related cases in a speedy manner, as per the data collected from the website of the National Green Tribunal we can clearly see that The National Green Tribunal have been able to dispose of 94% of the cases instituted in it and only 6% of the cases instituted in the National Green Tribunal are Pending.

Fig 9 : Cases Disposed off by the NGT during the Period of 01/07/22 to 31/07/23

Fig 10 : Pending cases before the NGT as on 31/07/2

Landmark Judgements by the National Green Tribunal

  1. In the case of Ms. Betty C. Alvares vs. The State of Goa and Ors Misc. Application  No. 32/2014 (WZ) (14) the following were held by the National Green Tribunal :
  2. A case can be filed by a Foreign National in the National Green Tribunal
  3. The word Person in Section 2(j) of the National Green Tribunal Act 2010 shall be interpreted in a broad sense and will also include a Foreign National.
  4. Nationality of a person is not considered while he or she is filing a case in the National Green Tribunal
  • In the case of Almitra H. Patel & Ors. Vs. Union of India and Ors MANU/GT/0150/2016(15) the National Green Tribunal imposed a complete prohibition on the open burning of waste on lands.
  • In the case of Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda hydro Power Co. Ltd. & Ors. Original Application No. 03 of 2014 : MANU/GT/0101/2016(16)the National Green Tribunal completely relied on the “polluter pays principal” and made a private party liable to pay compensation, in this case the no fault liability principal was also invoked by the Tribunal.
  • In the case of Samit Mehta vs. Union of India and Ors. MANU/GT/0150/2016 (17) the National Green Tribunal invokes the “Polluters Pay Principal” and further asked the Respondents to pay compensation of Rs 5 Crore.

Suggestions and Conclusions

The National Green Tribunal was established in India in the year 2010 along similar lines of the Environment Courts established in New Zealand and Australia. The Tribunal is a specialized fast track court which deals exclusively with the Environment related litigation. It’s a Judicial body having Jurisdiction over all environment related matters in India. Environment related matters are generally very complex and technical which require specialized knowledge and skill , because of such complex nature of the cases in Environment related matters it is not possible for the Traditional courts to deal with these matters in a speedier way, therefore in order to overcome this problem the National Green Tribunal was established , the National Green Tribunal is a amalgamation of both Judicial as well as Scientific experts in order to give fast track judgements on the environment related matters. Right from its inception the National Green Tribunal has given various orders for the preservation and conservation of forest and environment a few of them include  ban on illegal sand mining, order against noise pollution in Delhi, wildlife protection in the Kaziranga National Park in Assam etc. In my opinion the initiative of the government to establish the National Green Tribunal in India was a very fruitful and affective one ,as right from its inception the National Green Tribunal has been performing very efficiently and has been disposing environment related cases very speedily. The establishment of the National Green Tribunal was a overall success for the government as almost 94% of the cases instituted in the National Green Tribunal has been disposed off and currently only 2424 cases are pending in the National Green Tribunal.­­­­­­­

Research Paper Written by

Yogesh Somani

ILS Law College, Pune