Environmenatl Law Project

Role of National Green Tribunal
JAMIA MILLIA ISLAMIA
Faculty of law
Project
Environmental Law
Submitted to: Dr. Ghulam Yazdani
Submitted by: Mohd Altmash
BA.LLB (Regular) 6th Semester
Batch: 2017 - 2022
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ACKNOWLEDGEMENT
The project titled “Role of National Green Tribunal" is submitted to the Faculty of Law, Jamia
Millia Islamia for Environmental Law as part of Internal Assessment is based on my original
work carried out under the supervision of Dr. Ghulam Yazdani from 10 April - 30 April. The
Research work has not been submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the research paper has been duly
acknowledged.
I understand that I myself would be held responsible and accountable for plagiarism, if any,
detected later on.
I thank everyone who helped me to complete this research paper.
Mohd Altmash
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INDEX
1. Introduction
2. Background
3. National Green Tribunal
Different countries have globally

established separate ‘Green Courts’ or ‘Green
Tribunal’ or ‘Environmental Court’ to deal with
the environment related litigations. Perhaps, India
is the third country after Australia and New
Zealand to have a specialized environment court.
India is one of the pioneers in establishing the
green court among developing countries. In India,
National Green Tribunal (NGT) was established
in 2010 under ‘Article 21’ of the Indian
Constitution. This particular article of Indian
constitution assured its citizens for the protection
of life and personal liberty. Keeping in view of
this constitutional right, the government has
started a new green tribunal to exclusively deal
with the environment related litigations. The
newly established “Green Tribunal” is a unique
judicial mechanism in the sense that it is a special
‘fast-track quasi-judicial’ body to ensure speedy
justice on the environment related cases. The
Tribunal comprises of equal number of judges and
environmental experts to ensure efficient disposal
of cases. It has also provision of compensation to
be paid by the polluter for damages caused to the
effected parties. The tribunal has jurisdiction on
environment related subjects. Tribunal is not
bound by the Civil Procedure Code of 1908. It
works on the ‘principles of natural justice’.
Page 3 of 37

works on the ‘principles of natural justice’.
Page 4 of 37

works on the ‘principles of natural justice’.National Green Tribunal
 Composition
 Jurisdiction
 Methodology of NGT
 Procedure
 Speedy disposal and increased access to justice
4. Role of NGT
 Categories of cases
 Suo Motu Applications
 Results and Decisions
 Environmental compensations:
5. Suggestion and Recommendations

6. Conclusion
7. References
Page 5 of 37
Table of Case Laws
1. M.C. Mehta v. Union of India, 1986 (2) SCC 176.
2. Indian Council for Environmental-Legal Action v. Union of India, 1996(3) SCC 212.
3. A.P. Pollution Control Board v M.V. Nayudu, 1999(2) SCC 718.
4. A.P. Pollution Control Board v. M.V. Nayudu II, 2001(2) SCC 62.
5. Suo motu v. The Secretary to Government, Municipal Administration and Water Supply
Department, Government of Tamil Nadu, Application No. 182 of 2013.
6. Rajendra Singh Bhandari v. State of Uttarakhand and Others, Original Application No.
318 of 2013.
7. Samir Mehta v. Union of India and Others, MANU/GT/0104/2016.
8. Manoj Mishra v. Union of India, (1996) 2 SCC 594.
9. Krishan Kant Singh v. National Ganga River Basin Authority, IN ORIGINAL
APPLICATION NO. 299 OF 2013.
10. NGT v. State of HP Ors., Original Application No. 237/2013(THC)
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ABSTARCT
Government of India has formed

National Green Tribunal (NGT) during
the year 2010. NGT is a ‘quasi-judicial’
body exclusively deals with the
environment related civil litigations.
Before NGT has evolved, there were
two
previous efforts to establish green courts in
India. These were National Environment
Tribunal Act, of 1995 (NETA)
and National Environment Appellate
Authority Act, of 1997 (NEAA).
However, the most effective
environment
court in the form of NGT has come
into reality in 2010. After its
establishment, NGT has settled many
environmental issues and has got
overwhelm response from different
Page 7 of 37
corners. This study conducted an

empirical
analysis of NGT judgments since its
inception in October 2010 to December
2013. It analyzes the impact of NGT,
the locations of conflicts. Special
emphasis is given to the Coastal Zone
management related conflicts settled in
NGT. Although there many limitations in
NGT act and its procedures, it can be
viewed as a positive step towards
the environmental justice in India.

two
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environment
empirical
Page 9 of 37

two
environment
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empirical
Page 11 of 37

two
environment
empirical
Page 12 of 37

Government of India has formed National Green Tribunal (NGT) during the year 2010. NGT is a
‘quasi-judicial’ body exclusively deals with the environment related civil litigations. Before
NGT has evolved, there were two previous efforts to establish green courts in India. These were
National Environment Tribunal Act, of 1995 (NETA) and National Environment Appellate
Authority Act, of 1997 (NEAA). However, the most effective environment court in the form of
NGT has come into reality in 2010.
After its establishment, NGT has settled many environmental issues and has passed several
orders to the respective authorities like ban on illegal sand mining, against noise pollution in
Delhi, preservation of biodiversity of Western Ghat Mountains, wildlife protection in Kaziranga
National Park in Assam, suspended many environmental clearances and so on, and has got
overwhelm response from different corners. This study conducted an empirical analysis of NGT
judgments since its inception in October 2010 to December 2013. It analyzes the impact of NGT,
the locations of conflicts. Special emphasis is given to the Coastal Zone management related
conflicts settled in NGT. Although there many limitations in NGT act and its procedures, it can
be viewed as a positive step towards the environmental justice in India.
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This project is an exploratory study, deals with genesis and the gradual evolution of green court
in India. The first section deals with the background of formation of green court in India
followed by the structure of NGT and its jurisdictions. In the result section, from the analysis of
NGT judgments, a couple of important cases in general and some coastal zone related are
discussed. Last section of the project discusses the limitations of NGT and finally the concluding
remarks.
Keywords: National Green Tribunal, NGT Act, Environmental Justice, Environment Protection,
India.
1. Introduction

established separate ‘Green
Courts’ or ‘Green
Tribunal’ or ‘Environmental
Court’ to deal with
the environment related litigations.
Perhaps, India
Page 14 of 37
is the third country after

Australia and New
Zealand to have a specialized
environment court.
India is one of the pioneers in
establishing the
green court among developing
countries. In India,
National Green Tribunal (NGT)
was established
in 2010 under ‘Article 21’ of
the Indian
Constitution. This particular
article of Indian
constitution assured its citizens for
the protection
Page 15 of 37
of life and personal liberty.

Keeping in view of
this constitutional right, the
government has
started a new green tribunal to
exclusively deal
with the environment related
litigations. The
newly established “Green
Tribunal” is a unique
judicial mechanism in the sense
that it is a special
‘fast-track quasi-judicial’ body to
ensure speedy
justice on the environment
related cases. The
Page 16 of 37
Tribunal comprises of equal

number of judges and
environmental experts to ensure
efficient disposal
of cases. It has also provision of
compensation to
be paid by the polluter for
damages caused to the
effected parties. The tribunal has
jurisdiction on
environment related subjects.
Tribunal is not
bound by the Civil Procedure
Code of 1908. It
works on the ‘principles of natural
justice’.
Page 17 of 37

Perhaps, India
Australia and New
environment court.
establishing the
was established
Page 18 of 37

the Indian
article of Indian
the protection
Keeping in view of
government has
exclusively deal
litigations. The
Page 19 of 37

ensure speedy
related cases. The
efficient disposal
compensation to
jurisdiction on
Page 20 of 37

Tribunal is not
Code of 1908. It
justice’.
Perhaps, India
Australia and New
environment court.
Page 21 of 37

establishing the
was established
the Indian
article of Indian
the protection
Keeping in view of
government has
Page 22 of 37

exclusively deal
litigations. The
ensure speedy
related cases. The
efficient disposal
Page 23 of 37

compensation to
jurisdiction on
Tribunal is not
Code of 1908. It
justice’.
Different countries have globally established separate ‘Green Courts’ or ‘Green Tribunal’ or
‘Environmental Court’ to deal with the environment related litigations. Perhaps, India is the third
country after Australia and New Zealand to have a specialized environment court. India is one of
the pioneers in establishing the green court among developing countries.
In India, National Green Tribunal (NGT) was established in 2010 under ‘Article 21’ of the
Indian Constitution. This particular article of Indian constitution assured its citizens for the
protection of life and personal liberty. Keeping in view of this constitutional right, the
Page 24 of 37
government has started a new green tribunal to exclusively deal with the environment related
litigations.
The newly established “Green Tribunal” is a unique judicial mechanism in the sense that it is a
special ‘fast-track quasi-judicial’ body to ensure speedy justice on the environment related cases.
The Tribunal comprises of equal number of judges and environmental experts to ensure efficient
disposal of cases.
It has also provision of compensation to be paid by the polluter for damages caused to the
effected parties. The tribunal has jurisdiction on environment related subjects. Tribunal is not
bound by the Civil Procedure Code of 1908. It works on the ‘principles of natural justice’.
2. Background
Improving the environmental rule of law, access to justice and environmental dispute resolution
is essential for achieving the UN’s 2030 agenda for Sustainable Development and the
Sustainable Development Goals (SDGs), particularly SDG Goal 16-‘to provide access to justice
for all and build effective, accountable and inclusive institutions at all levels’, according to Pring
and Pring (2016).
To accomplish this goal, establishing specialized courts and tribunals dealing exclusively with
environmental matters is becoming essential. All over the world, more than 1200 environmental
courts and tribunals are functioning in various countries, and more such courts have been
planned for the future, as discussed by Pring and Pring (2016).
The United Nations Conference on the Human Environment, address the global need for
appropriate steps to protect and improve the environment. This first global environmental
conference had adopted an action plan known as ‘The Stockholm Declaration of 1972’.
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Principle 1 of the Stockholm Declaration stated that people have “the fundamental right to
freedom, equality and adequate conditions of life, in an environment of a quality that permits a
life of dignity and wellbeing and he bears a solemn responsibility to protect and improve the
environment for present and future generations”.
In unanimity with the Stockholm Declaration of 1972, the Indian Parliament amended the Indian
Constitution and adopted Articles 48A, (g), and Article 253.7. Consequently, The Water
(Prevention and Control of Pollution) Act 1974 popularly known as Water Act, The Air
(Prevention and Control of Pollution) Act, 1981 known as Air Act and the Environment
(Protection) Act, of 1986 were passed by the Parliament.
The second environment related conference, The Rio Conference of 1992 stressed the need for
judicial and administrative access to the citizens of a nation-state. Also, it emphasized national
law regarding liability and compensation for environmental damages for the pollution victims.
As far as India is concerned, the need for establishing environmental courts in India arose in
different circumstances and in different times. With the four path breaking judgments by the
Supreme Court of India M.C. Mehta v. Union of India1; Indian Council for Environmental-
Legal Action v. Union of India2; A.P. Pollution Control Board v M.V. Nayudu3and A.P.
Pollution Control Board v. M.V. Nayudu II4, it was realized that for environment related
lawsuits a separate environment court is required. The Indian Supreme Court observed that as
environmental cases frequently involve assessment of scientific data, setting up environmental
courts on a regional basis with a legally qualified judge and two experts would help speed the
judicial process.
The Law Commission of India (186th Report 2003) recommended the establishment of

environmental courts in India. This recommendation was based on a review of the technical and
scientific problems that came before the courts and the inadequacy of judicial knowledge on the
scientific and technical aspects of environmental issues.
1
1986 (2) SCC 176.
2
1996(3) SCC 212.
3
1999(2) SCC 718.
4
2001(2) SCC 62.
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The commission also recommends that the proposed Environment Courts will be established
initially at the State level and later many more courts may be established in other part of the
country. According to the law commission, along with these establishments, the court will be
accessible to citizens from the remotest part of the country
As a government initiative, before the NGT Act come into existence, there were two other efforts
to establish specialized environment courts in India. The first was National Environmental
Tribunal Act (NETA) of 1995. The second one was National Environmental Appellate Authority
(NEAA) constituted under the National Environmental Appellate Authority Act, 1997.5
3. National Green Tribunal
The National Green Tribunal has been established on 18.10.2010 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 including enforcement of any
legal right relating to environment and giving relief and compensation for damages to persons
and property and for matters connected therewith or incidental thereto. The Act was enacted
through the Parliament of India, under the provision of Article 21 of the Constitution of India,
which emphasizes the right to live in a clean and healthy environment.
It is a specialized body equipped with the necessary expertise to handle environmental disputes
involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down
under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
The NGT is a ‘quasi-judicial body’ and has limited power. It has authority similar to law-
enforcement agencies, but it is not like a normal court. The courts have the power to adjudicate
all types of disputes, but NGT has the power of enforcing laws on administrative agencies.
5
Sridhar Rengarajan & Dhivya Palaniyappan, National Green Tribunal of India—an observation from
environmental judgements, 23 March 2018, available at: https://link.springer.com/article/10.1007/s11356-018-1763-
2 (last visited 02/05/2020)
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NGT was created to ease the burden on the normal courts. NGT’s actions may be appealed to a
court of law. For example, in cases of crime and other offences, NGT can only issue
recommendations for punishment, depending on the nature and gravity of the offence. However,
such punishment can be challenged in a court of law, which is the final authority. In this context
also, the NGT’s role appears limited.
The NGT replaced the existing National Environment Appellate Authority of the Ministry of
Environment and Forest. The tribunal, according to the NGT Act of 2010, shall have the
‘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’, namely The Water
(Prevention and Control of Pollution) Act of 1974, the Water (Prevention and Control of
Pollution) Cess Act of 1977, The Forest (Conservation) Act of 1980, The Air (Prevention and
Control of Pollution) Act of 1981, The Environment (Protection) Act of 1986,The Public
Liability Insurance Act of 1991 and The Biological diversity Act of 2002.6
At present, the NGT is functional in five locations. New Delhi is the principal seat of the
Tribunal (Principal Bench) and Bhopal (Central Zone), Pune (West Zone), Kolkata (East Zone)
and Chennai (South Zone) are the other seats of the tribunal as zonal benches. By establishing
zonal benches, people from different parts of the country can have access to the tribunal.
 Composition:
Composition of Tribunal Section 4 of the NGT Act is dealing with the composition of the
Tribunal. Section 4 states that the tribunal will consist of a full-time chairperson. Chairperson
will be appointed from Judge of the Supreme Court of India or Chief Justice of a High Court.
The chairperson has power to invite any expert member in the related field to assist in the case if
necessary. Chairperson along with the Central Government makes rules for governing the
procedures and rules of the tribunal.
6
Swapan Kumar Patra, Nation Green Tribunal and Environment Justice in India, 04 April, 2014, available at:
https://www.niscair.res.in/jinfo/ijms/ijms-forthcoming-articles/BKP-IJMS-PR-April%202015/MS
%202615%20Edited.pdf (last visited 30/04/2020).
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The tribunal consists of 10-20 judicial members. According to the act, there should not be less
than ten but maximum twenty full time judicial members. Usually judges form different high
courts and Supreme Court are appointed as judicial members of the tribunal.
Beside the judicial members, the tribunal also consists of subject experts. The numbers of subject
experts are also the same as judicial numbers. Subject experts in the tribunal work as full-time
employees and their number will be not less than ten but subject to maximum twenty.7
 Jurisdiction:
The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy

environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal
is mandated to make and endeavor for disposal of applications or appeals finally within 6 months
of filing of the same. Initially, the NGT is proposed to be set up at five places of sittings and will
follow circuit procedure for making itself more accessible. New Delhi is the Principal Place of
Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of
sitting of the Tribunal. The tribunal has the authority to provide relief and compensation to the
pollution victims and other damages to the environment arising under the enactments specified in
the Schedule II.
 Methodology of NGT:
The National Green Tribunal Act, 2010 under Section 19 gives the Tribunal power to regulate its
own procedure. Additionally, the Tribunal is not bound by procedure under the Code of Civil
Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of natural justice.
However, the Tribunal is vested with the powers of a civil court under the Code of Civil
Procedure for discharging its functions.
 Procedure:
The Tribunal has framed its own rules since applications to the tribunal are inherently distinct
from civil suits or writ petitions. The Tribunal identifies necessary parties as required under
necessary statutes mentioned in Schedule I of the NGT Act, 2010 and requires them to promptly
7
National Green Tribunal Act, 2010
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respond by email which saves time and cost. Notice is not issued mechanically to every party
named as respondents in the application.
The Tribunal entertains letter petitions which bring to light instances of substantial
environmental damage. A valid complaint is taken note of even in the absence of any
representation from the aggrieved party and response is sought by email and can be filed even
without an advocate.
Further directions to submit 'factual and action taken' report are issued to identified statutory
authorities and/or experts identified by the Tribunal, as deemed appropriate, to investigate the
claims of environmental damage. An executable order is passed requiring concerned authority to
take steps including restricting pollution, recovering compensation and initiating prosecution.8
Upon adjudication of claims by the Tribunal, select members or committees, including those
comprising former high court judges, former chief secretaries or subject matter experts may be
appointed to ensure timely execution of the orders, in cases where it is deemed appropriate by
the Tribunal.
 Speedy disposal and increased access to justice:
Expeditious decision making is beneficial not only to litigants but also enables prevention of
potential environmental damage instead of compensating for damage already caused.
By serving the orders and seeking responses by email only saves time and enables the Tribunal
to take decisions in a time bound manner.
In the absence of full strength of judicial and expert members in regional benches of the Tribunal
situated in Chennai, Pune, Bhopal and Kolkata, the Principal Bench in New Delhi is hearing
applications from other jurisdictions remotely by video conferencing to meet the needs of the
litigants.
8
Supra note 5.
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4. Role of NGT
The progress of environmental justice in India has been on increasing trend, with effective usage
of NGT. While this reflects that there is a growing trust in NGT by the people, there may be
enormous pressure on NGT, which needs more manpower, probably in the context that NGT
aims to dispose of cases within 6 months.
The effects of sensitive environmental issues that emerge from natural and man-made sources
have caused the NGT to pronounce various directions for the benefit of environment protection,
and for justice to victims affected by environmental damages.
The majority of the issues examined by the NGT are from two major sectors, namely Industry
Operations and Nature. These sectors cover various issues such as Impact Assessment,
Environmental clearances, small industrial units, consent, standards for operation, Nature
conservation, forests, tree cutting, green belts, wetlands, landscape and construction.9
The way in which the issues have been handled and justice given by the NGT shows that the
judiciary is there for each and every common man as his right to live in a pollution-free
environment, as emphasized in Article 21 of the Constitution of India. This has stressed the
importance of the doctrine of public trust, which enjoins the State to act as a trustee of the natural
resources for the benefit of all human beings. From the above study, it is that NGT is seen as
‘Responsive to Environmental Problems’, as one of the characteristics of any successful
environmental court. It is believed that environmental justice has become significant with the
existence of a vibrant civil society and its capacity to inform state policy and engender
institutional evolution in Indian democracy.10
 Categories of cases:
9
Supra note 6.
10
Prof. Domenico Amirante, Environmental Courts in comparative perspective : preliminary reflections on the
National Green Tribunal of India, available at:
https://law.pace.edu/sites/default/files/IJIEA/Environmental_Courts_in_comparative_perspective-
preliminary_reflections-National_Green_Tribunal_of_India.pdf (last visited: 02/05/2020).
Page 31 of 37
The cases that are adjudicated by the NGT can be categorized into five types, which include
 Original applications filed by aggrieved persons arising under those legislations within
the purview of the NGT Act,
 Original applications seeking compensation,
 Applications from the implementing authorities seeking enforcement and legitimacy of
conditions imposed on polluters,
 Appeals from industries against the decision of the implementing authorities and
 Appeals from NGO’s/aggrieved persons regarding non-compliance to
rules/notifications/clearances/etc.
Up to the year 2019, more than 3000 judgements were delivered by the NGT (including zonal
benches) in total for various cases of environmental matters across the nation. It is agreed that all
of them are related to the environment from a broad perspective.
However, there is a need to know the predominant areas in the Environment, such as water, air,
waste, noise and environmental compensation, on which appeals or petitions were made to the
tribunal and Judgements were delivered.
 Suo Motu Applications:
In several important environmental matters, the NGT takes suo motu appeals in the interest of
environmental protection and public health. In the context that NGT does not have power for suo
motu appeals under the NGT Act, the question of ‘can NGT take Suo Motu cognizance of an
environmental matter? The act of suo motu by NGT was challenged in the Madras High Court,
which disagreed with the argument made by the tribunal, i.e. the tribunal is empowered to evolve
its own procedure and it can take suo motu cognizance of an environmental issue.
In the year 2019, there were more than twenty-five suo motu appeals taken by the NGT. Among
them, the Water sector ranked first and both Industry Operations and Nature sectors ranked
second and Mining and Waste sectors, having one appeal each, ranked third.
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In one of the suo motu appeals (In the matter of suo motu v. The Secretary to Government,
Municipal Administration and Water Supply Department, Government of Tamil Nadu 11), the
tribunal took a complaint of poor quality of government tap water in Chennai City and issued
directions to the authorities concerned. From the above facts, we can understand that the NGT is
functioning effectively, and the NGT is seen as ‘Responsive to Environmental Problems’, as one
of the characteristics of successful environmental courts and tribunals.
 Results and Decisions:
The number of environmental judgements delivered by the NGT from its inception is on an
increasing trend, indicating the growing environmental concerns in a developing country like
India. Based on analysis of the judgements of NGT, so far, a total of more than 3000 judgements
were delivered by the NGT (including zonal benches) from the inception year 2011 to the year
2019, for various cases of environmental matters across the nation.
The majority of petitions were related to Industry Operations which were followed by the other
environmental sectors namely, Nature, Mining Operations, Water, Waste, Environmental
Compensations, Noise and Air. Here, the sector Industry Operations covers various appeals
concerning Impact Assessment, Environmental Clearances, Small Industrial Units, Consent to
Operate and Standards. The sector Nature covers those appeals about Nature Conservation,
Forests, Tree Cutting, Green Belts, Wetlands, Landscape and Construction.
In the matter of Rajendra Singh Bhandari v. State of Uttarakhand and Others12, the NGT
issued detailed guidelines to the State Governments/Union Territories for preventing and
controlling water pollution through the State Pollution Control Boards. NGT also highlighted
that the constitution of the Pollution Control Boards and eligibility criteria and appointment of
Chairman/Member Secretary of the Boards/Committees should be in accordance with the Water
Act and Air Act.
11
Application No. 182 of 2013.
12
Original Application No. 318 of 2013.
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A plea challenging the environmental clearance granted to a thermal power project in

Chhindwara district in Madhya Pradesh was admitted by NGT. This plea was filed by Medha
Patkar and others13. Adani Power Limited, the Ministry of Environment and Forests and the
state of Madhya Pradesh had objected to the application. The objection was raised on the basis of
limitation under section 16 of the NGT Act. According to that section, the complaint is to be
filed within 90 days since the project get environment clearance. The applicants justified the
delay citing the reason that the response asked from the concerned authorities through Right to
Information Act (RTI) caused the delay. So, the tribunal dismissed the issue of limitation filed by
the respondents and condoned the delay.
NGT v. State of HP Ors14 was related to the increasing vehicular traffic in Himachal Pradesh
particularly in Kullu-Manali and Rohtang Pass areas. Court was concerned with the degradation
of natural habitat and snow cover on the mountains. The increasing tourist influx and vehicle
emits hydrocarbon in the highly eco sensitive zone. The court directed state government to
initiate scientific forestation program to preserve the environment. The court also directed
government to collect fees forms the vehicles to pay in the ‘Green Tax Fund’ to be used in
environmental restoration programs.
 Environmental compensations:
Under the category of environmental compensation, the NGT provides relief and compensation
to the victims of pollution and other environmental damage as well as for restitution of property
damaged and for restitution of the environment.
In several judgements, NGT has directed environmental compensations to be made on the basis
of the ‘polluter pays principle’. In the matter of Samir Mehta v. Union of India and Others15,
the NGT directed that an environmental compensation to be paid by the Respondent of concern
for the damage caused to the ecosystem, loss to ecology and livelihood in accordance with the
‘Polluter Pays Principle’.
13
11-Jul-2013, Appeal No. 1/2013.
14
Original Application No. 237/2013(THC)
15
MANU/GT/0104/2016.
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In the matter of Manoj Mishra v. Union of India16 and Others, as per the Judgement pertaining
to the clean and rejuvenated Yamuna River, Delhi, the NGT issued directions to the Civic and
Municipal authorities of Delhi to charge every household an environmental compensation fee as
part of the property/house tax.
Similarly, in the case of Krishan Kant Singh v. National Ganga River Basin Authority 17, NGT
directed, in its judgement delivered on 16 October 2014, the defaulting industrial unit to pay a
compensation of Rupees Five Crores to the concerned State Pollution Control Board based on
the Polluter Pays Principle for undertaking remedial activities to ensure river conservation.
5. Suggestion and Recommendations
Up to the year 2019, more than 3000 judgements were delivered by the NGT (including zonal
benches) in total for various cases of environmental matters across the nation. It is agreed that all
of them are related to the environment from a broad perspective. However, there is a need to
know the predominant areas in the Environment, such as water, air, waste, noise and
environmental compensation, on which appeals or petitions were made to the tribunal and
Judgements were delivered.
I suggest that since more petitions for environmental justice were from the sectors of Industry
Operations and Nature, there needs to be more attention given to the related matters of
environmental clearances and monitoring activities.
Some key characteristics are found to be appropriate for assessing the successful operation of
environmental courts and tribunals. These include (i) status and authority; (ii) independence; (iii)
centralized jurisdiction; (iv) knowledge of judges and members; (v) operating as a multi-door
courthouse; (vi) access to scientific and technical expertise; (vii) facilitating access to justice;
(viii) quick and cheap resolution of disputes; (ix) responsiveness to environmental problems; (x)
development of environmental jurisprudence; (xi) underlying ethos and mission and (xii)
flexible, innovative and provides value-adding function.
16
(1996) 2 SCC 594.
17
M.A. NO. 879 OF 2013 AND M.A. NO. 403 OF 2014, IN ORIGINAL APPLICATION NO. 299 OF 2013.
Page 35 of 37
6. Conclusion
Along with the similar line of environmental court established in the developed countries for
example in Australia and New Zeeland, India has started Green Tribunal in 2010. The tribunal is
a ‘special fast-track quasi-judicial body’ consists of equal number of judicial and subject experts.
It is expected that, the combination of both types of professionals will ensure environmental
justice and quick disposal of cases.
Since its inception, NGT has given many fast-track judgments in various cases and has passed
several orders to the respective authorities like ban on illegal sand mining, against noise
pollution in Delhi, preservation of biodiversity of Western Ghat Mountains, wildlife protection in
Kaziranga National Park in Assam, suspended many environmental clearances and so on.
In this way, NGT is working quite well and ensuring its mandate to impart justice in
environment related litigations. After post liberalization Indian economy, NGT within its
jurisdictions is checking the unabated drive towards industrialization. Although, it is unlikely
that NGT is a cure for all environmental problems, but certainly it is going to provide a lead, in
the new forms of environmental dispute resolution. Therefore, it is expected that the NGT is
certainly going to benefit Indian natural landscape to a great extent.
Page 36 of 37
7. References
Books:
1. Dr. N. V. Pranjape, Environmental Laws and Management in India, Thomson Reuters,

Delhi, 14th edi.
2. Sumeet Malik, Environmental Law, Eastern Book Company, Lucknow, 5th edi.
Web Resources:
1. www.casemine.com
2. www.lawcommissionofindia.in
3. www.ngt.govt.in
4. www.indianlegalservice.com
Act:
1. The National Tribunal Act, 2010
Page 37 of 37

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Role of National Green Tribunal

JAMIA MILLIA ISLAMIA

Role of National Green Tribunal

Submitted to: Dr. Ghulam Yazdani

Submitted by: Mohd Altmash

BA.LLB (Regular) 6th Semester

Batch: 2017 - 2022

I thank everyone who helped me to complete this research paper.

3. National Green Tribunal

Different countries have globally

the environment related litigations. Perhaps, India

with the environment related litigations. The

 Speedy disposal and increased access to justice

5. Suggestion and Recommendations

Table of Case Laws

1. M.C. Mehta v. Union of India, 1986 (2) SCC 176.

3. A.P. Pollution Control Board v M.V. Nayudu, 1999(2) SCC 718.

Department, Government of Tamil Nadu, Application No. 182 of 2013.

7. Samir Mehta v. Union of India and Others, MANU/GT/0104/2016.

8. Manoj Mishra v. Union of India, (1996) 2 SCC 594.

9. Krishan Kant Singh v. National Ganga River Basin Authority, IN ORIGINAL

APPLICATION NO. 299 OF 2013.

10. NGT v. State of HP Ors., Original Application No. 237/2013(THC)

Government of India has formed

corners. This study conducted an

Government of India has formed

previous efforts to establish green courts in

NGT. Although there many limitations in

court in the form of NGT has come

body exclusively deals with the

analysis of NGT judgments since its

Different countries have globally

is the third country after

of life and personal liberty.

Tribunal comprises of equal

established separate ‘Green

in 2010 under ‘Article 21’ of

judicial mechanism in the sense

environment related subjects.

India is one of the pioneers in

started a new green tribunal to

of cases. It has also provision of

The Law Commission of India (186th Report 2003) recommended the establishment of

3. National Green Tribunal

The Tribunal's dedicated jurisdiction in environmental matters shall provide speedy

 Speedy disposal and increased access to justice:

 Suo Motu Applications:

 Results and Decisions:

A plea challenging the environmental clearance granted to a thermal power project in

5. Suggestion and Recommendations

1. Dr. N. V. Pranjape, Environmental Laws and Management in India, Thomson Reuters,

1. The National Tribunal Act, 2010

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