- A specialized body established under the National Green Tribunal Act (2010) for environmental protection and conservation.
- India became the third country globally to establish a specialized environmental tribunal.
- NGT is mandated to dispose of applications or appeals within 6 months of filing.
- The tribunal has five sittings, with New Delhi being the principal.
- The structure includes the Chairperson, Judicial Members, and Expert Members.
- The Chairperson is appointed by the Central Government in consultation with the Chief Justice of India.
- The NGT has appellate jurisdiction to hear appeals as a Court.
- The Tribunal applies principles of sustainable development, the precautionary principle, and the polluter pays principle.
- It can provide relief and compensation to victims of pollution and environmental damage.
- An order/decision/award of the NGT is executable as a civil court decree.
- NGT handles civil cases under seven environmental legislations.
- Any violation or decision taken by the Government under these legislations can be challenged before the NGT.
Strengths and Challenges of NGT
Strengths of NGT:
- Critical in the regulation of environment, gives strict orders on pollution, deforestation, and waste management.
- Provides an alternate dispute resolution mechanism, thus reducing litigation burden in the higher courts.
- A less formal, less expensive, and time-efficient method of solving environment-related cases.
- A significant factor in reducing environment-harming practices.
- The Chairperson and members are not eligible for reappointment; hence, judgements would be unbiased.
- Enforcing rigid adherence to the Environment Impact Assessment process.
Difficulties faced by NGT:
- The jurisdiction of the Wildlife (Protection) Act, 1972 and Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are barred.
- NGT decisions are challenged in various High Courts under Article 226.
- Decisions of NGT have been criticized because of their impact on economic growth and development.
- Absence of a formula-based mechanism in fixing compensation has brought criticism.
- Decisions given by NGT are not fully complied by stakeholders or the government.
- Lack of human and financial resources leads to high pendency of cases.
- Limited number of regional benches hinders justice delivery mechanism.
Important Landmark Judgements of NGT:
- POSCO suspended order in 2012, considered a radical step in favour of local communities and forests.
- Almitra H. Patel vs. Union of India case prohibited open burning of waste on lands.
- Uttarakhand floods case ordered compensation to petitioner.
- Save Mon Federation Vs Union of India case suspended a hydro project to save bird habitat.
- Diesel vehicles older than 10 years will not be allowed to run in Delhi-NCR.
- An amendment to EIA 2006 notification issued in December 2016 was quashed by NGT.
