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NGT (National Green Tribunal)

  1. How Do You See The NGT's (National Green Tribunal) Development Since Its Introduction In 2010? Is It A Success Story Or Not?

    Ans. Yes, Undoubtfully NGT (National Green Tribunal) is success for achieving its objective before the establishment of NGT (National Green Tribunal), cases based on environment comes before the general courts.

    Hence it was essential to set up separate machinery to remove barriers of delay of the implementation of environmental law in India, the need for environmental court was first advocate by Justice P.N. Bhagvati in Oleam Gas Leak case from its existence till now it successfully disposed 33,619 litigation NGT (National Green Tribunal) emerging as an alternative of court which only deals with environmental matter with the involvement of technical experts and judicial member in decision making promote better environmental result.

    Since its inception, the NGT (National Green Tribunal) has protected vast acres of forest land, halted polluting construction activities in metros and smaller towns. It has protected the right of tribal communities and ensured the enforcement of sustainable development, polluter pay, precautionary principal in letter & spirit within decade of existence, the NGT (National Green Tribunal) has delivered important judgement through these judgement NGT (National Green Tribunal) protect Fundamental Right Article 21, Right to live in healthy environment and give new outlook to environmental jurisprudence in India.
     
  2. Which Problems Have The NGT (National Green Tribunal) Been Confronted Over The Years, Besides The Judicial Cases?

    Ans. The problems NGT (National Green Tribunal) have been confronted over the years, besides the judicial cases are as follow:
    • The decision of NGT (National Green Tribunal) have been criticized from time to time due to their impact an economic growth & development.
    • the tribunal also becomes a victim of criticism because there is no clear method for determining the compensation.
    • The judicial system of the NGT (National Green Tribunal) is also heavily affected by the limited number of regional branches.
    • It is mandatory for the NGT (National Green Tribunal) that whatever case comes under it should be disposed of within 6 months, but due to lack of human & financial resources NGT (National Green Tribunal) is not able to do this.
    • NGT (National Green Tribunal) has authorities similar to law enforcement agencies but it is not like a regular court.
    • NGT (National Green Tribunal) has the power of enforcing laws on administrative agencies. It can only issue recommendation for punishment in a case.

     
  3. What Are The Main Reason The Executive Power Has Not Supported The NGT (National Green Tribunal) Fully Over The Years?

    Ans. The main reason that executive power has not supported the NGT (National Green Tribunal) fully over the years are:
    • Lack of coordination.
    • Conflict of Interest.
    • Mismanagement.
    • Not blindly spending public money with an reference to NGT's order over a proven Technology.
    • Highly imposed penalty by NGT (National Green Tribunal).
    • Lack of awareness show by government (with reference to environment).
    • Focus only development not sustainable development by government.

     
  4. How has the government tried to weaken the NGT (National Green Tribunal)?

    Ans. In MC Mehta v/s Union Of India 2019 NGT (National Green Tribunal) warn state of UP(Utter Pradesh), Bihar, Jharkhand and National Commission of cleaning Ganga for incomplete action of cleaning. But the decision was challenged in Supreme Court.

    It is seems that the governments not paying attention to striking a balance between the environment & development. A less obvious but critical aspect of the NGT's efficient functioning which can significantly impact the decision making process and access to justice, concerns the administrative support supplied by the government of India.

    However from the very beginning, the government of India has not been enthusiastic to seen NGT (National Green Tribunal) function as an effective body. As in the absence of basic Infrastructure facilities and human resources, three judicial members submitted their resignations between 2012-13.

    According to section 4 of NGT (National Green Tribunal) Act 2010 tribunal consist of a full time chairperson and not less than 10 Judicial & 10 expert member but in the last nine years the NGT (National Green Tribunal) never got minimum strength.

    Currently with only four judicial & two expert members the NGT (National Green Tribunal) appears paralyzed. Many lawyer practicing in the NGT (National Green Tribunal) have expressed their discomfort with video conference hearing which they feels has put enormous cost and burden on their client. The great majority of cases are not resolved within the stipulated time period of six month.
     
  5. How is the NGT (National Green Tribunal) important for the environmental development of India?

    Ans. NGT (National Green Tribunal) has been a critical player in upholding environmental regulations. It has passed strict orders from various issues ranging from pollution to waste management and deforestation as well.

    It offers a smooth road for the evolution of environmental jurisprudence by establishing such an alternative dispute resolution system.It also help reduce the burden of litigation in other courts of India by dealing exclusively with environmental matters.

    It Forms A Less Formal, Faster And Cheaper Source Of Resolving Dispute Related To The Environment Some Notable Case:

    Recent Developments (Notable Order)
    • In the 2013 Uttrakhand flood case, Alaknanda Hydro Power Co. Ltd. was held to compensate as per the pollutes pays principle
    • In 2015 it was held that all diesel vehicles over 10 years to be not permitted in Delhi NCR.
    • In 2017 NGT (National Green Tribunal) also imposed an interim ban on the use and sale of plastic bags.
    • On 4 Jan. 2019 NGT (National Green Tribunal) imposed on interim penalty of Rs. 100 crore on the government of Meghalya for unplanned & unscientific mining which result in huge ecological disturbance and re impact on environmental.
    • Gas leak at Visakhapatnam plant. The incidence was occurred on May 7,2020. NGT (National Green Tribunal) - order - LG - polymer- pay - Rs.50 crore - as interim compensation - and - also setup committee for inquiry the death of innocent.
       
  6. What Should Be The Next Steps To Ensure An Effective Jurisdiction By NGT (National Green Tribunal) In The Future?

    Ans.There is need for more autonomy and to widen NGT's scope for effective protection of environment with human development activities.
    Government needs to provide adequate financial and human resources.
    Other country law related to environment should also be include with the ambit of NGT (National Green Tribunal) act 2010.
    Needs to apply certain effective system along with traditional, so justice can achieve gross root level.
    Check & balance method should be improvised.
    Need to identify the experts for the help of NGT (National Green Tribunal) in the matter related to estimation of compensation.


Written By:

  1. Jyoti Prajapati, Pursuing Law (Ll.B. 2nd Year) From Dr. Harisingh Gaor Vishwavidhyala, Sagar M. P. India
    Email: [email protected]
  2. Ankita Singh, Pursuing Law (Ll.B. 2nd Year) From Dr. Harisingh Gaor Vishwavidhyala, Sagar M. P. India

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