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.
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| 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.
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