Environmental Law & NGT

Environmental law in India comprises a range of statutory, regulatory and constitutional frameworks that govern the protection and regulation of the environment. It includes legislation such as the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, and the Biological Diversity Act, 2002, among others. Constitutional provisions, including Article 21, Article 48A and Article 51A(g), and judicial principles such as the public trust doctrine, the precautionary principle and the polluter pays principle also form part of the framework.

The National Green Tribunal (NGT) is a specialised forum established under the National Green Tribunal Act, 2010, for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. The NGT exercises original jurisdiction over substantial questions relating to the environment, powers to grant relief, compensation and restitution, and appellate jurisdiction over specified orders passed under the enactments listed in Schedule I of the Act. In exercising its jurisdiction, the NGT is guided by the principles of sustainable development, the precautionary principle and the polluter pays principle.

The NGT's original jurisdiction, under Section 14 of the National Green Tribunal Act, 2010, applies to all civil cases where a substantial question relating to the environment is involved and such question arises out of the implementation of the enactments specified in Schedule I. Section 15 provides for relief, compensation and restitution. The appellate jurisdiction, under Section 16, applies to appeals against specified orders, decisions or directions passed under the enactments specified in Schedule I, as provided under the Act. The two jurisdictions are distinct, and the availability of a particular route depends on the nature of the matter and the applicable statutory framework.

The National Green Tribunal Act, 2010 identifies the enactments relevant to the NGT's jurisdiction in Schedule I. These include the Water (Prevention and Control of Pollution) Act, 1974; the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002. The Water (Prevention and Control of Pollution) Cess Act, 1977, which was repealed, may be relevant to historical matters depending on the applicable legal provisions. Matters arising under other legislation, including the Wild Life (Protection) Act, 1972, must be considered before the forum having jurisdiction under the applicable law. The availability of an NGT remedy depends on the nature of the matter and the relevant statutory provisions.

Section 2(m) of the National Green Tribunal Act, 2010 defines a "substantial question relating to the environment" by reference to matters including significant direct or indirect effects on the community at large, harm to public health broadly, or environmental damage arising from a specific activity or point source of pollution. For an application under Section 14, the question must also arise out of the implementation of an enactment specified in Schedule I. Whether this requirement is satisfied depends on the facts, the nature of the alleged environmental impact and the applicable statutory framework.

Under Section 16 of the National Green Tribunal Act, 2010, an appeal may be filed before the NGT against specified categories of orders, decisions or directions passed under the enactments specified in Schedule I, by a person aggrieved by such order, decision or direction. Not every order passed under the Schedule I enactments is appealable before the NGT. The maintainability of an appeal depends on the applicable statutory provisions, the nature of the order in question and the applicable limitation requirements.

The limitation period depends on the type of proceeding under the National Green Tribunal Act, 2010. An application under Section 14 is generally required to be filed within six months from the date on which the cause of action first arose; the Tribunal may allow a further period not exceeding sixty days if the statutory conditions are satisfied. An application under Section 15 for relief, compensation or restitution is generally required to be filed within five years from the date on which the cause for such relief first arose, subject to a further period not exceeding sixty days where the statutory conditions are met. An appeal under Section 16 must generally be filed within thirty days from the date on which the order, decision or direction is communicated, with a further period not exceeding sixty days available for condonation of delay where sufficient cause is established. The applicable period and its computation should be assessed in light of the relevant statutory provision and the facts of the matter.

The NGT has dealt with matters relating to the protection and restoration of water bodies, ponds and wetlands in various proceedings, applying the public trust doctrine and the principles of sustainable development. Where the matter falls within its statutory jurisdiction and the relevant facts are established, the NGT may consider appropriate directions concerning removal of encroachment, restoration of the water body or other remedial measures, subject to the applicable law and circumstances of the case. The specific directions depend on the facts of the matter, the applicable statutory framework and the nature of the relief sought.

Yes, subject to the applicable provisions of the National Green Tribunal Act, 2010. Under Section 22, an aggrieved person may file an appeal before the Supreme Court against an award, decision or order of the NGT, within ninety days from the date of communication of the award, decision or order, on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908. The right of appeal is subject to the provisions of the Act and the applicable statutory conditions. The availability of this remedy depends on the nature of the NGT's order and the applicable law.

NGT proceedings are governed by the National Green Tribunal Act, 2010, which provides for original jurisdiction over substantial questions relating to the environment, powers to grant relief, compensation and restitution, and appellate jurisdiction over specified orders. Constitutional remedies before the High Court, under Article 226 of the Constitution of India, may be available for the enforcement of fundamental rights or for other purposes, including matters that may fall outside the NGT's jurisdiction or where a constitutional question arises. The two routes are distinct, and the appropriate forum depends on the nature of the matter and the applicable law.