National Green Tribunal was established in India by the National Green Tribunal Act, 2010 . This is an Act to provide for the establishment of a National Green Tribunal (NGT) for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. The environmental cases were dealt with by the State High Courts’ and Supreme Court of India. Now the special Tribunal is constituted for the said purpose. Supreme Court of India in one of the cases has observed the necessity to have Green Benches in all the High Courts. The intention is to have specialized Tribunals for dealing with environmental matters. The Tribunal shall consist of a Chairman and members, both judicial and experts.

Supreme Court of India has recently declared that all the matters instituted after the coming into force of this Tribunal ( 18th October, 2010 ) and which are covered under the provisions of this Act shall stands transferred to the Tribunal. Cases which are filed prior to the coming into force of the NGT , involving questions of environmental laws and/or relating to any of the seven statutes specified in the Act, should also be dealt with by the NGT. Rules have been framed under the Act.

The Tribunal has now Zonal Offices and circuit benches at different places. 

ORIGINAL JURISDICTION

The NGT shall have jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) and such questions arises out of the implementation following enactments:-

• The Water (Prevention and Control of Pollution) Act, 1974
• The Water (Prevention and Control of Pollution) Cess Act, 1977
• The Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• The Public Liability Insurance Act, 1991
• The Biological Diversity Act, 2002.

APPELLATE JURISIDICTION

The NGT shall appellate jurisdiction on the following orders:-

• Orders of the State Appellate Authority under the Water (Prevention and Control of Pollution) Act, 1974 • Orders of the State Government under the Water (Prevention and Control of Pollution) Act, 1974; • Directions issued by the State Pollution Control Boards under the Water (Prevention and Control of Pollution) Act, 1974; • Orders of the State Appellate Authority under the Water (Prevention and Control of Pollution) Cess Act, 1977 • Orders of the State Government or other Authority under the Forest (Conservation) Act, 1980 • Orders of the State Appellate Authority under the Air (Prevention and Control of Pollution) Act, 1981 • Orders of the State Appellate Authority under Sec. 5 the Environment (Prevention) Act, 1986 • An order granting or refusing environmental clearance. • Any determination of benefit sharing or order made, by the National Biodiversity Authority or State Biodiversity Board under the Biological Diversity Act, 2002.

Appeal to be filed in 30 days from the date of the communication of the order.

POWER TO GRANT RELIEF

The NGT has power to grant relief and compensation to the victims of pollution and other environmental damage arising under the above Acts. The said power includes the power to order for restitution of property and environment damaged. These reliefs are in addition to the amount payable under the Public Liability Insurance Act, 1991. The said relief’s shall be granted within a period of five years from the date of cause for such action. In appropriate cases the said delay can be condoned.

The NGT may having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads.

SEE THE DIFFERENT HEADS

APPLICATION TO TRIBUNAL:

An application can be filed before the NGT by the following persons:-

• The person who has sustained injury
• The owner of the property to which damage has been caused
• Where death has resulted from environmental damage
• Agents of the above persons
• Any aggrieved person or NGO
• Central Government or a State Government

BAR OF JURISDICTION BY OTHER COURTS

With effect from the date of establishment of the Tribunal under this Act, no civil court shall have jurisdiction to entertain any appeal in respect of any matter, which the Tribunal is empowered to determine under its appellate jurisdiction.

No civil court shall have jurisdiction to settle dispute or entertain any question relating to any claim for granting any relief or compensation or restitution of property damaged or environment damaged which may be adjudicated upon by the Tribunal, and no injunction in respect of any action taken or to be taken by or before the Tribunal in respect of the settlement of such dispute or any such claim for granting any relief or compensation or restitution of property damaged or environment damaged shall be granted by the civil court.