The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010. It is a specialized judicial body equipped with the expertise to handle environmental disputes involving multi-disciplinary issues. India is only the third country in the world—after Australia and New Zealand—to have such a dedicated system.
1. Composition of the NGT
The NGT follows a unique structure that combines judicial experience with technical expertise to ensure informed decision-making.
The Chairperson: The head of the Tribunal, who must be a sitting or retired Judge of the Supreme Court of India or a retired Chief Justice of a High Court.
Judicial Members: A minimum of 10 and a maximum of 20 full-time judicial members. These are retired or sitting Judges of High Courts.
Expert Members: A minimum of 10 and a maximum of 20 full-time expert members.
Qualifications: They must have a professional qualification and a minimum of 15 years of experience in the field of environment/forest conservation and related subjects, or administrative experience in environmental matters.
Selection: The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India. Other members are selected by a Selection Committee.
2. Jurisdiction of the NGT
The Tribunal has jurisdiction over all civil cases where a substantial question relating to the environment is involved. This includes the enforcement of legal rights relating to the environment under seven specific laws:
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.
3. Functions and Powers
The NGT is designed to be a fast-track court for environmental justice.
Adjudication of Disputes: It hears cases relating to environmental pollution, deforestation, and the violation of environmental clearances.
Relief and Compensation: Under Section 15, the Tribunal has the power to:
Provide relief and compensation to victims of pollution and other environmental damage.
Order the restitution of property damaged by pollution.
Order the restitution of the environment for such area or areas as the Tribunal may think fit.
Speedy Disposal: The Act mandates that the Tribunal must endeavor to dispose of applications or appeals finally within 6 months of their filing.
Execution of Orders: An order of the Tribunal is executable as a "decree" of a civil court. Failure to comply with an order can lead to imprisonment for up to 3 years or a fine of up to ₹10 crores (for individuals).
4. Guiding Principles
The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but is guided by the principles of natural justice. While passing any order, it must apply:
Sustainable Development: Balancing economic growth with environmental safety.
The Precautionary Principle: Taking action to prevent harm even if scientific certainty is missing.
The Polluter Pays Principle: Those who produce pollution should bear the costs of managing it to prevent damage to human health or the environment.
5. Appeal Process
An order or decision of the NGT can be challenged. An appeal against the NGT's final order lies directly with the Supreme Court of India, typically within 90 days of the communication of the order.
6. Decided Cases by the Tribunal
1. Save Mon Region Federation v. Union of India
The NGT suspended the environmental clearance of a major dam in Arunachal Pradesh to protect the wintering habitat of the Black-necked Crane. It established that biodiversity and local sacred sites cannot be ignored for industrial growth.
2. Vardhaman Kaushik v. Union of India
To combat severe air pollution in Delhi-NCR, the Tribunal banned diesel vehicles over 10 years old and petrol vehicles over 15 years old. It also prohibited crop residue burning and imposed strict dust-control measures on construction sites.
3. Almitra H. Patel v. Union of India
The NGT issued a complete ban on the open burning of waste on lands and landfills across India. It mandated that all states strictly implement waste segregation at the source under the Solid Waste Management Rules, 2016.
4. Mantri Techzone Pvt. Ltd. v. Forward Foundation
The Tribunal protected Bengaluru’s wetlands by imposing a ₹117 crore fine on a developer for encroaching on lake buffer zones. It also increased the mandatory construction-free buffer zone around lakes to 75 meters.
5. Manoj Misra v. Union of India (Art of Living)
Applying the Polluter Pays Principle, the NGT fined the Art of Living Foundation ₹5 crore for damaging the Yamuna floodplains during a massive event. The funds were earmarked for the restoration of the river’s physical and biological components.
6. LG Polymers Case (Gas Leak)
Following a lethal styrene gas leak in Visakhapatnam, the NGT applied the principle of Absolute Liability to the company. It ordered an immediate ₹50 crore deposit for damages to public health and the environment.
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