Comprehensive Guide On THE NATIONAL GREEN TRIBUNAL

Earth is the giving entity, and we humans are the taking entity!

We know that we cannot live for even one second without our environment. But still, we cause problems like Deforestation, Air Pollution, Climate Change, Overpopulation, Burning Fossil Fuels, Ozone, Water Pollution, Biodiversity Loss, Overfishing, Acid Rain, Light Pollution, Plastics Coal Mining, Desertification, Greenhouse Gases, Noise Pollution, Overexploitation Of Resources, Particulate Matter, Soil Damage, Habitat Loss, Food Waste, And Habitat Destruction.

Do we even care about the future?

Who will take proper precautions against these and other problems we humans cause to the environment for tomorrow?

There comes THE NATIONAL GREEN TRIBUNAL. They act as the guardian angels of India’s Environment. They were established in 2010 to handle cases related to environmental protection and conservation.

Let’s take a deep dive into The National Green Tribunal:

WHAT IS THE NATIONAL GREEN TRIBUNAL?

The National Green Tribunal was established on 18-10-2010 under the National Tribunal Act, 2010 to handle cases related to environmental protection and conservation of forests and other natural resources.

It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multidisciplinary issues. It provides relief and compensation for damages to persons, property, and other environmental entities.

WHY WAS THE NGT ESTABLISHED?

During India's fast-growing economy, it was very difficult to create a balance between development and environmental conservation. Due to this situation, the traditional courts of India often faced long delays in resolving environmental disputes.

The government was clear that it was time for a more focused and time-bound approach to be initiated. To resolve this issue, only the NGT, aka the National Green Tribunal, was established to hear and resolve cases related to environmental violations efficiently, reducing the burden on regular courts.

HIGHLIGHTS OF THE NATIONAL GREEN TRIBUNAL

1. Specialized Jurisdiction

The NGT has the exclusive power to handle cases related to key environmental laws, such as:

1. The Water (Prevention and Control of Pollution) Act, 1974

2. The Air (Prevention and Control of Pollution) Act, 1981

3. The Environment (Protection) Act, 1986

4. The Forest (Conservation) Act, 1980

This specialized jurisdiction ensures that the cases are handled by experts who understand the legal and environmental implications.

2. Quick Justice

One of the primary reasons for the establishment of NGT was to deliver justice quickly. While the traditional courts of India take years to resolve environmental disputes, NGT aims to deliver justice within 6 months, ensuring timely action.

3. Expert and Judicial Members

The NGT functions not just with judicial members but also with experts in the field. This includes retired Judges and environmental scientists, ensuring that the decisions are informed not only by law but also by a deep understanding of environmental science.

4. Sustainable Development and Environmental Principles

NGT follows three major principles.

• Sustainable Development: This principle ensures that the balance of the environmental economy is properly maintained for now and future generations.

• Polluter Pays: This principle ensures that whoever pollutes the economy is liable to pay for the damages caused. The party can be an individual or any industry.

• Precautionary Principle: This principle allows the NGT to take early steps to avoid damage caused to the environment by people, industries, or any other means.

UNDERSTANDING THE ZONES

Sl.No	ZONE	PLACE OF SITTING	TERRITORIAL JURISDICTION
1	Northern	Delhi (Principal Bench)	Northern Uttar Pradesh, Uttarakhand, Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, National Capital Territory of Delhi, and Union Territory of Chandigarh.
2	Western	Pune	Western Maharashtra, Gujarat, and Goa with Daman, Diu, Dadra, and Nagar Haveli Union Territories.
3	Central	Central Bhopal	Madhya Pradesh, Rajasthan, and Chhattisgarh.
4	Southern	Southern Chennai	Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, Union Territories of Puducherry, and Lakshadweep.
5	Eastern	Eastern Kolkata	West Bengal, Odisha, Bihar, Jharkhand, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Union territory of Andaman and Nicobar Islands.
Note: As per the order dated 11.10.2017 of the Hon’ble High Court of Bombay at Goa Bench in PIL Writ Petition No. 22 of 2017, Goa will be under the jurisdiction of the Western Zone Bench at Pune.

LANDMARK CASES AND ITS IMPACT

Since its beginning, the NGT has passed several judgments on environmental causes that have greatly impacted India's environmental governance.

Some important judgment examples are:

• Ban on Sand Mining: The NGT imposed strict regulations and legalization notices on illegal mining schemes nationwide.

• Yamuna and Ganga River Pollution: The tribunal has been working effectively to clean these two famous rivers from high-density water pollution.

• Air Pollution in Delhi: The NGT has played a vital role in informing the public about the alarming increase in air pollution around Delhi. They even banned high-emission vehicles and sectors from operating.

ILLEGAL CONSTRUCTIONS IN ECO-SENSITIVE ZONES

The NGT has been pivotal in preventing illegal constructions in India's eco-sensitive zones, such as Coastal Regions, Forest Regions, Wetlands, And Hill Stations. The real estate sector often tries to exploit these fragile lands for high-value projects, but the NGT always intervenes and stops these constructions to protect the environment.

CHALLENGES AND CRITICS

Even though NGT focuses on protecting the environment, it still faces many challenges from society. People often complain that NGT’s continuous interference with the construction of high-value projects leads to delays in work completion or cancellations.

Due to these events, the economy is not growing, which affects the country's economic growth. However, they continue to play a vital role in protecting the environment, ensuring that development in India is aligned with environmental protection.

CONCLUSION

The National Green Tribunal, aka NGT, has become important to India’s environmental background.

By providing a dedicated forum for environmental cases, ensuring speedy justice, and vindicating the principles of sustainable development, the NGT has made significant contributions to protecting the country’s natural resources.

As the challenges of climate change and environmental problems become more crucial, the role of the NGT has become more needed than ever.