The National Green Tribunal (NGT): Safeguarding India’s Green Interests.{Environment Protection and Healing Climate Change}

[YAGAY andSUN]

Here's a comprehensive and elaborative article on the National Green Tribunal (NGT) and its vital role in safeguarding India's environmental and green interests.

Introduction

India, a nation blessed with rich biodiversity, vast forests, and a varied ecosystem, faces the pressing challenge of balancing development with environmental sustainability. To address this, the National Green Tribunal (NGT) was established as a dedicated judicial body focused solely on environmental issues. It has since become a cornerstone in India’s efforts to enforce environmental laws and protect its natural resources from degradation.

What is the National Green Tribunal (NGT)?

The National Green Tribunal (NGT) is a specialized judicial body formed under the National Green Tribunal Act, 2010, with the objective of expeditious and effective disposal of environmental cases. It is empowered to hear all civil cases relating to environmental protection and conservation of forests and natural resources.

Key Facts:

• Established: October 18, 2010
• Headquarters: New Delhi
• Other Benches: Bhopal, Pune, Kolkata, Chennai (Zonal Benches)
• Chairperson (as of 2023): Justice Prakash Shrivastava

Mandate and Jurisdiction of NGT

The NGT has original jurisdiction over cases dealing with “substantial questions relating to the environment” and can provide relief, compensation, and orders for restoration.

It draws jurisdiction from various environmental laws, including:

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

Notable Powers:

• The NGT is not bound by the Code of Civil Procedure, allowing it to follow principles of natural justice.
• Its orders are enforceable as a civil court decree.
• It can impose penalties, including imprisonment up to 3 years or fines up to ₹10 crores.

NGT’s Role in Safeguarding India’s Environmental Interests

The NGT plays a pivotal role in balancing development with environmental conservation. It has passed numerous landmark judgments and taken suo moto cognizance of environmental violations. Here's how it contributes to green governance:

1. Speedy Environmental Justice

Environmental litigation in regular courts often suffers from delays. The NGT, however, is mandated to dispose of cases within six months, offering swift redressal in urgent ecological matters.

2. Upholding the "Polluter Pays" Principle

NGT consistently enforces the polluter pays principle, ensuring that industries and individuals responsible for environmental harm are held financially accountable. For example:

• It imposed hefty penalties on municipal bodies for improper solid waste disposal.
• Ordered compensation from companies responsible for industrial pollution or groundwater exploitation.

3. Preserving Forests and Biodiversity

The NGT has passed multiple orders for the protection of forest land, wetlands, and eco-sensitive zones, including:

• Stopping illegal construction in the Aravalli hills.
• Banning mining in fragile zones.
• Ensuring compliance with coastal regulation zones (CRZ).

4. Water and Air Quality Protection

NGT has actively worked to control river pollution, especially the Ganga and Yamuna, and curbed air pollution in cities like Delhi. Its interventions led to:

• Bans on construction activity during high pollution days.
• Crackdowns on industrial discharge into rivers.
• Regulations on stubble burning contributing to Delhi’s smog.

5. Addressing Climate Change Concerns

While NGT’s direct role in climate change legislation is limited, its focus on sustainable development aligns with India’s climate commitments. It ensures Environmental Impact Assessments (EIAs) are conducted properly before large infrastructure projects.

6. Public Participation and Environmental Awareness

The NGT encourages public interest litigation (PILs) from citizens and activists. This democratization of environmental justice has empowered civil society to act as watchdogs.

Landmark Judgments by NGT

✅ Art of Living Foundation – Yamuna Floodplain (2016)

NGT fined the Art of Living Foundation ₹5 crore for damaging the Yamuna floodplain during a large event, setting a precedent for the protection of natural ecosystems.

✅ Sterlite Copper Plant, Tamil Nadu (2018)

NGT ordered the reopening of the plant closed by the Tamil Nadu government, later overturned due to public and environmental safety concerns. This case highlighted the complex interplay of environment and economy.

✅ Ganga Pollution Cases

NGT issued strict directions to stop untreated sewage from flowing into the Ganga and penalized local bodies for non-compliance.

Challenges Faced by NGT

Despite its proactive stance, NGT faces several challenges:

1. Limited Enforcement Capacity – The implementation of its orders depends on local authorities, which often lack the will or resources.
2. Vacancies and Resource Constraints – At times, vacancies in the Tribunal have delayed justice.
3. Overlap with Other Regulatory Bodies – Its role sometimes overlaps with State Pollution Control Boards and Ministries, causing administrative delays.
4. Criticism from Stakeholders – Some judgments face backlash for being anti-development, even though they prioritize long-term sustainability.

Conclusion

The National Green Tribunal stands as a beacon of hope for environmental governance in India. In a rapidly developing country where economic growth often comes at the cost of ecological balance, the NGT ensures that green interests are not side-lined. Its commitment to swift justice, public participation, and sustainability has made it an indispensable part of India’s environmental protection framework.

As India continues to face new challenges from urbanization, climate change, and resource depletion, the role of NGT will only grow more vital. Strengthening its infrastructure, giving it more autonomy, and ensuring timely execution of its orders will be crucial for securing India’s environmental future.