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Whither the National Green Tribunal?

  • Category
    Polity & Governance
  • Published
    1st Oct, 2019

The government has recently overlooked the rule to change the tenure of appointees in the National Green Tribunal

Issue

Context

The government has recently overlooked the rule to change the tenure of appointees in the National Green Tribunal

Salient features of NGT

  • The National Green Tribunal has been established 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. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
  • The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
  • NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872.
  • It will be relatively easier (as opposed to approaching a court) for conservation groups to present facts and issues before the NGT, including pointing out technical flaws in a project, or proposing alternatives that could minimize environmental damage but which have not been considered.
  • While passing Orders/decisions/awards, the NGT will apply the principles of sustainable development, the precautionary principle and the polluter pays principles. However, it must be noted that if the NGT holds that a claim is false, it can impose costs including lost benefits due to any interim injunction.
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