National Green Tribunal : Jurisdiction, Powers, and Role in Environmental Protection

 

National Green Tribunal: Jurisdiction, Powers, and Role in Environmental Protection

 

The National Green Tribunal (NGT) established under the National Green Tribunal Act, 2010, stands as a dedicated environmental court in India. Here's a breakdown of its jurisdiction, powers, and crucial role in safeguarding the environment, along with notable judicial pronouncements:

 

Jurisdiction:

 

• Adjudicate environmental disputes: Covers civil cases involving substantial questions relating to environment, including enforcement of environmental laws, compensation for environmental damage, and environmental clearances.

 

• Appellate jurisdiction: Handles appeals against decisions of certain environmental authorities and orders or decisions passed by lower courts relating to environmental matters.

 

• Powers regarding environmentally hazardous activities: Can direct closure, stoppage, or regulation of industries or projects causing detrimental environmental impacts.

 

Powers:

 

• Pass orders for environmental restoration: Instruct polluters to undertake measures to remedy environmental damage caused by their activities.

 

• Grant compensation: Award monetary compensation to individuals or communities affected by environmental harm.

 

• Impose penalties and fines: Enforce environmental laws by imposing fines or imprisonment on violators.

 

• Review environmental impact assessments: Can assess the environmental soundness of proposed projects and grant clearances with conditions.

 

• Inquire into environmental issues: Initiate suo moto proceedings based on public interest issues or media reports concerning environmental damage.

 

Role in Environmental Protection:

 

• Provides accessible forums for environmental disputes: Offers an efficient and cost-effective alternative to traditional courts for seeking environmental justice.

 

• Enforces environmental laws and regulations: Holds polluters accountable and deters harmful activities through stringent punishments.

 

• Promotes environmental awareness and public participation: Raises public consciousness about environmental issues and empowers communities to voice their concerns.

 

• Fills gaps in environmental regulation: Addresses environmental issues not adequately covered by existing laws or where enforcement is weak.

 

• Contributes to environmental policy development: Judicial pronouncements and orders guide environmental policy formulation and implementation.

 

Landmark Judicial Pronouncements:

 

• Vellore Citizens Forum v. Union of India (1996): The Supreme Court recognized the right to a clean environment as a fundamental right, paving the way for the establishment of the NGT.

 

• M.C. Mehta v. Union of India (Taj Mahal Case, 1996): The NGT ordered stringent pollution control measures to protect the Taj Mahal from industrial emissions, highlighting its commitment to protecting cultural heritage.

 

• T.N. Godavarman Thirumulpad v. Union of India (Western Ghats Case, 2011): The NGT declared the Western Ghats as Ecologically Sensitive Areas, emphasizing the importance of biodiversity conservation.

 

• Lafarge Umiam Mining Pvt. Ltd. v. Meghalaya (2013): The NGT cancelled the environmental clearance granted to a mining company due to violations, demonstrating its commitment to responsible resource management.

 

Conclusion:

 

The National Green Tribunal plays a pivotal role in ensuring environmental protection in India. Its specific jurisdiction, extensive powers, and impactful judicial pronouncements make it a remarkable force in holding polluters accountable, upholding environmental laws, and facilitating sustainable development.