ENVIRONMENTAL JURISPRUDENCE AND ROLE OF NGT –SUCCESS AND GAPS

Abstract

The National Green Tribunal is a quasi-judicial body that acts as a civil court for specified purposes, possessing all the relevant powers of a civil court. This article examines the role of the National Green Tribunal, its achievements, and its gaps. The study addresses the shaping of India’s environmental jurisprudence by the National Green Tribunal. The analysis highlights how the NGT has applied the environmental principles of the Precautionary Principle and the Polluter Pays Principle in different landmark cases, marking the development of Indian environmental jurisprudence. The article further highlights how the NGT has taken proactive steps to protect the environment and prevent potential causes of environmental degradation. The National Green Tribunal has shifted the developmental approach towards sustainable development priorities. This article concludes that the NGT remains a crucial institution for addressing environmental issues, while identifying the structural and enforcement gaps that must be addressed.

Introduction

The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, 2010. The NGT is a specialised judicial body equipped with judicial and environmental expertise. The body was constituted to deal with matters related to environmental protection. The purpose of the Act is to dispose of environmental issues within a short span of time. The NGT is responsible for providing effective and expeditious remedies in cases relating to environmental protection.

The need for an environmental tribunal to settle cases relating to environmental protection was first felt in 1986 by the Supreme Court in the Oleum gas leak case.¹ This need was reiterated in the year 2003 in the Law Commission’s 186th Report.

The National Green Tribunal is established under section 3 of the National Green Tribunal Act, 2010² as a fast-track body specialised in dealing with environmental issues in India. This statutory body follows the principles of Natural Justice. The NGT is composed of a Chairman, Judicial members, and Expert members. The statutory body, consisting of expert officials, aims to ensure the speedy handling of cases with a balanced approach.

Background

Humans have a fundamental right to live in a quality environment. Before 1972, there was no specific international environmental legislation to protect the environment. With the Stockholm Declaration of 1972, the environment became a global priority. The Declaration emphasised the need to establish a link between environmental health and economic development, and provided the first global set of principles for international cooperation on environmental issues, awakening the world to the need for environmental protection alongside economic development.

As a result of this declaration, India recognised the necessity of a specialised body to handle environmental issues. Several cases in India reinforced the Supreme Court’s conviction that a special statutory body for environmental matters was needed, including M.C. Mehta v Union of India (1986)³ and A.P. Pollution Control Board v M.V. Nayudu (1999).⁴

Finally, the Law Commission recommended an Environmental Tribunal in its 186th Report in 2003. On 18 October 2010, the National Green Tribunal was established under the National Green Tribunal Act, 2010, to expedite environmental justice in India.

Statutory Framework and Composition

The NGT was formed for the speedy disposal of environment-related cases and to enhance the protection of forests and natural resources. The Tribunal ensures that environmental laws are strictly observed and that no harm is caused to the environment by government or private actions. The National Green Tribunal acts as a watchdog against any violation of environmental law. The NGT ensures that the environmental laws mentioned in Schedule 1 of the National Green Tribunal Act, 2010 are properly implemented.⁵ The National Green Tribunal follows two main environmental principles: the Polluter Pays Principle and the Precautionary Principle. Accordingly, it penalises offenders of environmental degradation and provides compensation to those who have suffered as a result of it.

The National Green Tribunal is composed as follows: a Chairman, who is a retired Supreme Court judge or Chief Justice of a High Court, appointed by the Central Government for a tenure of five years; between 10 and 20 Judicial members, who are former Supreme Court or High Court judges, serving for a term of five years; and between 10 and 20 Expert members with a master’s degree in Science, Engineering, or Technology and relevant environmental experience, appointed by the Central Government for a term of five years, who may serve until the age of 65 years.⁶

The National Green Tribunal is a speedy dispute resolution body that ensures the efficient settling of issues within six months. The body is guided by the principles of Natural Justice rather than the Code of Civil Procedure, 1908. The NGT can impose heavy penalties on entities involved in environmental degradation, and also possesses suo motu powers to initiate proceedings on its own motion.

The jurisdiction of the National Green Tribunal encompasses all civil cases substantially arising from questions related to the environment. The NGT exercises both original and appellate jurisdiction.⁷ Its jurisdiction covers all legislation specified under Schedule 1 of the National Green Tribunal Act, 2010, which includes:

1. The Water (Prevention and Control of Pollution) Act, 1974
2. The Water (Prevention and Control of Pollution) Cess Act, 1977
3. The Forest (Conservation) Act, 1980
4. The Air (Prevention and Control of Pollution) Act, 1981
5. The Environment (Protection) Act, 1986
6. The Public Liability Insurance Act, 1991
7. The Biological Diversity Act, 2002

The regional benches of the National Green Tribunal are located in major cities across India, including Delhi, Mumbai, Chennai, Bhopal, Pune, and Kolkata.

The time limit for filing applications follows a strict procedure. An original application must be filed within six months of the date on which the cause of action arose. However, the Tribunal may extend this period by up to sixty days if satisfied that sufficient cause exists. Appeals against the Tribunal’s decisions may be filed within 30 days of the decision, though this period may also be extended upon sufficient cause being demonstrated. An appeal against a decision, order, or award of the National Green Tribunal can only be filed before the Supreme Court of India.

Procedural Flexibility and Judicial Principles

The National Green Tribunal is not bound by the Code of Civil Procedure, 1908 or the Bharatiya Sakshya Adhiniyam, 2023 (formerly the Indian Evidence Act, 1872); it is guided by the principles of Natural Justice, which allows for an efficient and flexible approach to dispute resolution. For the purposes of discharging its functions under the Act, the Tribunal has the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, in respect of the following matters, as set out in section 19 of the National Green Tribunal Act, 2010:⁸

1. Summoning and enforcing the attendance of any person and examining him on oath;
2. Requiring the discovery and production of documents;
3. Receiving evidence on affidavits;
4. Issuing commissions for the examination of witnesses or documents;
5. Reviewing its decision;
6. Dismissing an application for default or deciding it ex parte;
7. Setting aside any order of dismissal of any application for default or any order passed by it ex parte;
8. Passing an interim order (including granting an injunction or stay) after providing the parties concerned an opportunity to be heard, on any application made or appeal filed under this Act;
9. Passing an order requiring any person to cease from committing or causing any violation of any enactment specified in Schedule I;
10. Any other matter which may be prescribed.

The National Green Tribunal operates on the basis of the principles of sustainable development, the Precautionary Principle, and the Polluter Pays Principle.⁹

The Precautionary Principle provides that the absence of complete scientific certainty shall not be used as a reason to postpone protective measures where there are credible threats of serious or irreversible harm to the environment. A lack of full scientific evidence cannot justify inaction in the face of potential environmental damage.

The Polluter Pays Principle is widely recognised and makes polluters responsible for the harm they cause to the environment. According to this principle, the polluter bears the cost of remedying the pollution caused.

Both the Precautionary Principle and the Polluter Pays Principle were recognised by the Supreme Court of India for the first time in the landmark case of Vellore Citizens’ Welfare Forum v Union of India (1996).¹⁰

Role in Shaping Environmental Jurisprudence

The National Green Tribunal has played an important role in shaping Indian environmental jurisprudence. The NGT has been an instrumental quasi-judicial body in addressing environmental concerns. Since its establishment, significant development in the environmental legal framework has been witnessed. The Tribunal has rendered judgments that have not only resolved environmental disputes but have also established binding precedents.

The National Green Tribunal has rendered key rulings on environmental issues including banning open waste burning, suspending a hydro-project clearance, and addressing pollution of the Ganga and Yamuna rivers.

In the landmark case of Almitra H. Patel v Union of India (2016),¹¹ the National Green Tribunal issued directions for a total ban on open waste burning. The case involved the interpretation of Article 21 of the Constitution of India, and the right to live in a clean and pollution-free environment was affirmed. The NGT gave directions on solid waste management, emphasising source segregation of waste and promoting waste-to-energy initiatives. The Tribunal also held municipal bodies accountable for their performance, imposing strict timelines and adherence to rules and guidelines.

In Save Mon Region Federation v Union of India (2016),¹² the National Green Tribunal suspended the environmental clearance granted to a ₹6,400 crore hydroelectric project. The case concerned environmental challenges to the clearance granted for the construction of the Nyamjang Chhu hydroelectric project in Tawang, Arunachal Pradesh. The construction of the dam directly threatened the habitat of the Black-necked Crane, an endangered bird species revered by the local Monpa indigenous community as an incarnation of the Sixth Dalai Lama. The Tribunal suspended the environmental clearance and issued directions for the protection of the habitat. A significant contribution of the NGT in this case was its emphasis on public consultation, allowing the affected community to freely express their concerns.

A landmark decision on environmental compensation principles was delivered by the National Green Tribunal in the Yamuna River case, officially titled Manoj Misra v Delhi Development Authority (2015).¹³ This case marked the direct application of the Polluter Pays Principle in Indian environmental jurisprudence. The NGT affirmed that the cultural or educational purpose of an event does not exempt its organiser from strict liability for harm caused to the environment. As a result, the Tribunal imposed a compensation of ₹5 crore. This case strengthened legal protection for wetlands and floodplains in India.

A major step was taken by the National Green Tribunal in relation to the National River Ganga,¹⁴ addressing a multi-layered dispute spanning decades. The directions issued by the NGT included a prohibition on waste disposal into the river, with any violation attracting a fine of ₹50,000. Industrial establishments were directed to extract groundwater only with prior permission from the Central Ground Water Authority (CGWA). Strict provisions prohibited the dumping of solid waste into the waterbody. Certain areas were declared “no development zones,” within which no permanent or temporary construction was permitted. The National Green Tribunal also held the state governments responsible for failing to prevent sewage from entering the river.

Critical Analysis: Achievements and Challenges

The National Green Tribunal is a quasi-judicial body constituted to protect the environment and to penalise those who act against environmental laws. Since its establishment, significant development has been witnessed in environmental jurisprudence in India. The NGT has successfully taken steps to prevent environmental harm and has advanced the goal of sustainable development. The National Green Tribunal has been regarded as a watchdog, particularly by virtue of its suo motu powers. The NGT has transformed India’s environmental law from a passive framework to an active, polluter-pays framework.

However, the NGT is frequently criticised as a “toothless tiger.” There are instances where state governments have refused to comply with the orders and directions issued by the National Green Tribunal. In 2019, the NGT imposed a fine of ₹20 crore on the Rajasthan Government for failing to take action against textile industries polluting the Bandi River. No action was taken by the Rajasthan Government following the NGT’s direction, illustrating the limits of the Tribunal’s enforcement capacity.

In 2021, the National Green Tribunal issued orders for the establishment of Effluent Treatment Plants and Sewage Treatment Plants to address sewage generation and treatment. In response to an execution application, the NGT noted non-compliance by states including Assam, Bihar, and Tripura. This demonstrates that although the NGT has been empowered to take action in favour of environmental protection, it has lacked effective mechanisms to compel compliance by non-compliant parties.

Even in the presence of a national environmental body, there are instances in which the Supreme Court and High Courts have had to intervene to protect the environment from harm.

Challenges

The National Green Tribunal is a national body established to prevent environmental degradation and maintain the sustainability of environmental resources. Notwithstanding its achievements, the body faces several challenges that obstruct the realisation of its goals.

The NGT faces a challenge arising from its limited jurisdiction. As a national body, it is empowered to act only within the few environmental legislations listed in Schedule 1 of the National Green Tribunal Act, 2010. Many statutes directly related to the environment and forests fall outside the NGT’s jurisdictional reach.

Apart from this, the National Green Tribunal faces financial constraints and delays in the appointment of members. Limited financial resources hinder the timely delivery of judgments and contribute to a growing backlog of cases, undermining the six-month disposal mandate for which the Tribunal was designed.

The Tribunal also faces the challenge of a limited number of benches, which acts as a barrier to the speedy delivery of justice. Delays in judicial appointments and the failure to fill vacancies promptly render the Tribunal unable to fulfil its mandate effectively, leaving many environmental matters unresolved for extended periods.

Conclusion and Way Forward

Strengthening the National Green Tribunal is essential to address the emerging environmental issues of recent times. For the body to achieve its goals, it requires enhanced institutional capacity, improved enforcement mechanisms, and better coordination with other authorities. Improved Centre-State coordination is essential for the effective implementation of the Tribunal’s awards, orders, and decisions. The Tribunal’s jurisdiction should be expanded to allow it to address a wider range of environmental issues. Stricter penalties for non-compliance with its directions are also necessary to restore the credibility and effectiveness of the institution.

Over a decade after its establishment, the Tribunal has demonstrated significant contributions to the development of environmental law in India. The NGT has been largely successful in delivering faster justice in environmental matters. The proactive measures it has taken to protect the environment are commendable. With targeted reforms to address its structural and enforcement limitations, the NGT can continue to serve as a transformative institution at the heart of India’s environmental governance.

Reference(S):

Cases

Almitra H. Patel v Union of India (2016) NGT 123

A.P. Pollution Control Board v M.V. Nayudu [1999] 2 SCC 718

M.C. Mehta v Union of India [1987] 1 SCC 395

M.C. Mehta v Union of India (2017) NGT 1 [Note: Author should verify whether this is a distinct NGT proceeding or a Supreme Court matter in the M.C. Mehta series.]

Manoj Misra v Delhi Development Authority (2015) NGT 200

Save Mon Region Federation v Union of India (2016) NGT 1

Vellore Citizens’ Welfare Forum v Union of India [1996] 5 SCC 647

Legislation

National Green Tribunal Act 2010

Books

Singh G, Environmental Law in India (2nd edn, Macmillan 2018)

Journal Articles

Kumar A, ‘The NGT and Ecological Accountability’ (2021) 15 Journal of Environmental Law 22

Footnotes

¹ MC Mehta v Union of India [1987] 1 SCC 395.

² National Green Tribunal Act 2010, s 3.

³ M.C. Mehta v Union of India [1987] 1 SCC 395. [Note: The original text cited this as “(1086)” — corrected to 1986/1987 per the reported case.]

⁴ A.P. Pollution Control Board v M.V. Nayudu [1999] 2 SCC 718. [Note: The original text cited this as “(19990)” — corrected to 1999. Spelling of “Nayudu” also corrected from “Nayadu.”]

⁵ National Green Tribunal Act 2010, sch 1.

⁶ National Green Tribunal Act 2010, s 5.

⁷ National Green Tribunal Act 2010, s 16.

⁸ National Green Tribunal Act 2010, s 19.

⁹ National Green Tribunal Act 2010, s 20.

¹⁰ Vellore Citizens’ Welfare Forum v Union of India [1996] 5 SCC 647.

¹¹ Almitra H. Patel v Union of India (2016) NGT 123. [Note: The body text of the original article cited this as “(2012).” The footnote reference of “(2016)” has been used throughout; author should verify the correct year.]

¹² Save Mon Region Federation v Union of India (2016) NGT 1.

¹³ Manoj Misra v Delhi Development Authority (2015) NGT 200.

¹⁴ M.C. Mehta v Union of India (2017) NGT 1. [Note: Author should verify whether this is a distinct NGT proceeding or part of the Supreme Court’s ongoing M.C. Mehta v Union of India series. If the latter, the citation and characterisation should be amended accordingly.]