Wednesday, July 10, 2013

Jurisdiction of National Green Tribunal: Matters it can adjudicate; Principles it shall apply

In order to ensure that cases pertaining to environmental protection, conservation of forests etc. are adjudicated speedily, Parliament of India (“Parliament”), in the year 2010, enacted The National Green Tribunal Act (“NGT Act”). The NGT Act was enacted for ensuring that a tribunal, dealing specifically with environmental related matters, is established. Emphasising the importance of the NGT Act, Supreme Court, in Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India[1], held that in order for an expeditious disposal of environmental related matters, as also to avoid any conflict between the orders of the National Green Tribunal (“Tribunal”) and High Courts, all the matters covered under Schedule I of the NGT Act should be instituted and litigated before the Tribunal.
Image Courtesy: Odisha Reporter

Section 14 of the NGT Act provides that the Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment is involved, and such question arises out of the enactments specified in Schedule I. Schedule I of the NGT Act contains a list of seven legislations viz. The Water (Prevention and Control of Pollution) Act, 1974, The Water (Prevention and Control of Pollution) Act, 1977, The Forest (Conservation) Act, 1980, The Air (Prevention and Control of Pollution) Act, 1981, The Environment (Protection Act) Act, 1986, The Public Liability Insurance Act, 1991 and The Biological Diversity Act, 2002. Hence, as long as a substantial civil cause of action arises out of any of these Acts, an applicant can approach the Tribunal. Locus Standi, in such cases, should be determined by also taking into account respective legislations. Under Section 14 of the NGT Act, unless an applicant was prevented by a sufficient cause, he has to file the application for adjudication before the Tribunal within six months from the date on which cause of action first arose. What is clear from the language of Section 14 is that it is not every civil cause of action, arising out of the above-mentioned legislations, that can be brought before the Tribunal. Instead, the same shall involve a “substantial question relating to environment”.

Moving further, Section 16 of the NGT confers on the Tribunal appellate powers against certain orders [See Section 16 for the list of such orders]. Hence, a person, who is aggrieved by any of those orders, can approach the Tribunal. Section 29 of the NGT Act puts a bar on the jurisdiction of a civil court in those matters which Tribunal is empowered to determine under its appellate jurisdiction. Further, as per section 33, provisions of NGT Act shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force.

The NGT also provides remedy in a situation where an injury is suffered by a person. Hence, where death of, or injury to, any person (other than a “workman”) is resulted from any accident or activity under Schedule I legislations, Section 17 of the NGT Act empowers the Tribunal to determine compensation in such cases. In case of an accident, Tribunal should apply the principle of no fault [See: Section 17(3)].

Section 18(2) of the NGT Act provides the list of persons who can make an application for settlement of dispute or grant of relief or compensation before the Tribunal:

a.        the person, who has sustained the injury; or
b.       the owner of the property to which the damage has been caused; or
c.       where death has resulted from the environmental damage, by all or any of the legal representatives of the deceased; or
d.      any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be; or
e.       any person aggrieved, including any representative body or organisation; or
f.        the Central Government or a State Government or a Union territory Administration or the Central Pollution Control Board or a State Pollution Control Board or a Pollution Control Committee or a local authority, or any environmental authority constituted or established under the Environment (Protection) Act, 1986 or any other law for the time being in force

Under clause (e) of Section 18(2), any aggrieved person can be approach the Tribunal. Indeed, such a lenient provision is necessary when issues, like environment, are concerned.

While making orders or awards, The Tribunal has to, in accordance with Section 20 of the NGT Act, apply the principles of sustainable development, the precautionary principle and the polluter pays principle. These are the basis provisions that provide for the matters which the Tribunal can entertain. We promise you that we will also come up with posts thereby discussing each of the principles, mentioned under Section 20 of the NGT Act, in detail.




[1] Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India, (2012) 8 SCC 326, 347

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