Powers and Functions of the National Green Tribunal Under the NGT Act, 2010

The National Green Tribunal (NGT) is a specialised forum for environmental disputes. It was set up under the National Green Tribunal Act, 2010. Section 1(2) records commencement by a notification dated 18 October 2010.

A caution on the source: the Indian Kanoon page I used lists wrong publication dates in its metadata and flags that its original gazette document could not be verified. Check section numbers against the official Act before using them in an exam.

Setting up the Tribunal

·        Section 3: the Central Government establishes the Tribunal by notification.

·        Section 4(1): one full-time Chairperson, between 10 and 20 full-time Judicial Members and between 10 and 20 full-time Expert Members.

·        Section 4(4)(c): the number of Expert Members hearing a case must equal the number of Judicial Members.

·        Section 5: the Chairperson and Judicial Members must be, or have been, a Supreme Court Judge or High Court Chief Justice. A High Court Judge may also be a Judicial Member. Expert Members need a science or engineering postgraduate qualification with 15 years' experience including five in environmental or forest fields, or 15 years of administrative experience including five on environmental matters.

·        Section 7: a five-year term without re-appointment. Age limits are 70 for former Supreme Court Judges, 67 for former High Court Chief Justices and Judges, and 65 for Expert Members.

·        Section 10: removal needs an inquiry by a Supreme Court Judge in case of the Chairperson or a Judicial Member.

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Jurisdiction and powers

·        Section 14(1): civil cases where a "substantial question relating to environment" arises from the implementation of enactments in Schedule I. Section 14(3): limitation is six months from the cause of action, extendable by up to 60 days.

·        Section 15(1): relief and compensation for pollution or environmental damage, restitution of damaged property and of the environment. Section 15(3): compensation claims within five years, extendable by up to 60 days.

·        Section 16: appeals against specified decisions under the Water Act, Water Cess Act, Forest Conservation Act, Air Act, Environment Protection Act and Biological Diversity Act. Appeals must be filed within 30 days, extendable by up to 60 days.

·        Section 17: the responsible person is liable to pay relief or compensation. The Tribunal applies a no-fault principle in accident cases.

·        Section 20: the Tribunal must apply sustainable development, the precautionary principle and the polluter pays principle.

How the Tribunal works

·        Section 18(3): a target to dispose of matters within six months of filing.

·        Section 19: the Tribunal is not bound by the Code of Civil Procedure or the Evidence Act, only natural justice. It has civil court powers such as summoning witnesses, ordering documents, taking affidavit evidence, review, ex parte orders and interim orders.

·        Section 22: appeal to the Supreme Court within 90 days.

·        Section 25: orders are executable as civil decrees.

·        Section 26: non-compliance is punishable with up to three years' imprisonment, a fine up to ten crore rupees or both. For companies, the fine can go up to twenty-five crore rupees. Offences are non-cognisable.

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Limitation at a glance

Schedules

Schedule I lists the Water Act (1974), Water Cess Act (1977), Forest Conservation Act (1980), Air Act (1981), Environment Protection Act (1986), Public Liability Insurance Act (1991) and Biological Diversity Act (2002). Schedule II lists fourteen heads of compensation.

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FAQs

Which Act created the NGT?

The National Green Tribunal Act, 2010.

Who can be the Chairperson?

A person who is or has been a Supreme Court Judge or High Court Chief Justice.

How long is the term of a Member?

Five years, without re-appointment.

Is the NGT bound by the CPC?

No. Section 19 frees it from the CPC and the Evidence Act, requiring natural justice.

Which principles must the NGT apply?

Sustainable development, the precautionary principle and the polluter pays principle (Section 20).

What is the limitation for a compensation claim?

Five years, extendable by up to 60 days (Section 15(3)).

Where does an appeal against an NGT order go?

To the Supreme Court within 90 days (Section 22).

What is the maximum fine for a company under Section 26?

Up to twenty-five crore rupees.

Conclusion

For the NGT, learn the structure, Sections 14 to 16, the three principles in Section 20 and the limitation periods. They produce clean answers.

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