National Green Tribunal: Assessment of Achievements

India became third country in the world to start a National Green Tribunal (NGT) which is a judicial body exclusively meant to judge environmental cases. The National Green Tribunal has been established under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same. The predecessor to the NGT, the erstwhile National Environment Appellate Authority has been superseded by the NGT. {for basic information on NGT, refer to this}

Issues and Analysis

The issues around NGT can be discussed in the light of following questions.

• What is jurisdiction of NGT?
• Make an assessment of four years of NGT performance putting major decisions and cases in light?
• What role has NGT played in environment jurisprudence and democracy?

Jurisdiction of NGT

The National Green Tribunal has jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I of the National Green Tribunal Act 2010. The acts listed in Schedule 1 are:

• The Water (Prevention and Control of Pollution) Act, 1974;
• The Water (Prevention and Control of Pollution) Cess Act, 1977;
• The Forest (Conservation) Act,
• 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.

It would deal with all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act.

Important cases and decisions of NGT

POSCO Case

So far, POSCO case has been the most important in NGT history. Its order to suspend the establishment of 12MTPA capacity steel plant in Odisha came as a radical  step in favour of the local tribals and forest dwellers. The NGT remained firm on its ground to support the sustainable development and valued the profit for local communities from the project.

Sterlite Industries Case

In Tamil Nadu’s Tuticorin, a UK-based Vedanta Group company, Sterlite Industries Ltd was running a copper smelter plant since 1995-96 producing around 4 Lakh tonnes of copper per year. This plant is located in Sipkot Industrial Complex which is near to residential area. In March 2013, the residents complained of a gas leak, pollution and the protest was such that it persuaded the Tamil Nadu Pollution Control Board to shut the plant on 29 March. Since then, this company is entangled into the legal matters including its petition in Supreme Court as well as NGT. Earlier NGT has passed order in favour of the industries while stating that no action should be suspicion based.

Goa Foundation Case

This case was a landmark case which established NGTs jurisdiction in all civil cases demanding a substantial question of Environment.  Goa Foundation is one of the environment action groups of Goa known for filing around 80 PILs towards environment related matters. It has filed a petition in NGT and sought protection of the Western Ghats and prayed for directions to the respondents to exercise the powers conferred upon them under the enactments stated in Schedule I to the NGT Act, 2010 for preservation and protection of Western Ghats within the framework, as enunciated by the Western Ghats Ecology Expert Panel. The Tribunal directed the MoEF to file its reply on the report within 4 weeks. The tribunal put ban on all forms of illegal river and ocean bed sand mining.

No Construction around rajakaluves and lakes in Bangalore

The NGT had imposed a no-construction zone of 75 metres around lakes and rajakaluves (stormwater drains) in Bengaluru.

Banning of Diesel Vehicles in Kerala & Delhi

In May 2016, the Kochi circuit bench of NGT banned all diesel vehicles more than 10 years old from operating in six cities of Kerala. It was stayed by High Court later. A similar interim decision was earlier taken for Delhi also and invited widespread controversy and criticism of NGT. Unaffected by this, NGT plans to put such a ban in 15 major Indian cities with the worst air quality levels soon.

Art of Living Foundation Issue

NGT fined Sri Sri Ravi Shankar’s Art of Living Foundation for damage to Yamuna floodplains while making preparations for World Culture Festival from March 11 to 13, 2016 on the banks of the river.

Role played by NGT

NGT is counted among India’s relatively few institutions that hold the public trust. In the last four years, the NGT judgements have been hailed for setting revolutionary precedents to demonstrate the importance and need for change in the environmental jurisprudence. Over this period, its judgements have become stricter in their approach. The Tribunal has not been lenient to either Governments or Ministry of Environment. It has not only issued warrants against high profile government authorities, but has also pulled ministry of environment for not filing its report on Gadgil Report on Western Ghats.