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
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
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.
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
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
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
Green Tribunal) fully over the years are:
Lack of coordination.
Conflict of Interest.
Not blindly spending public money with an reference to NGT's order over a
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.
How has the government tried to weaken the NGT (National Green
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
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
Currently with only four judicial & two expert members the NGT (National
Green Tribunal) appears paralyzed. Many lawyer practicing in the NGT
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.
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
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.
Jyoti Prajapati, Pursuing Law (Ll.B. 2nd Year) From Dr. Harisingh
Gaor Vishwavidhyala, Sagar M. P. India
Email: [email protected]
Ankita Singh, Pursuing Law (Ll.B. 2nd Year) From Dr. Harisingh
Gaor Vishwavidhyala, Sagar M. P. India