AUTHOR: TAMANNA SAMOTA, CHHAJU RAM LAW COLLEGE, GURU JAMBESHESHWAR UNIVERSITY, HISAR.
INTRODUCTION
“The greatest threat to our Planet is the belief that someone else will save it.”
Environment is our most valuable asset, providing us with clean air, water and other necessary resources for survival. Therefore, it is our responsibility to protect and preserve it for future generations. However, in India, the environment is depleting day by day due to rise in Air Pollution, deforestation, water pollution, industrial waste and climate change. Despite having environmental laws, weak enforcement and slow legal processes have made them less effective. To address these challenges, the National Green Tribunal (NGT) was established in India in 2010, under the National Green Tribunal Act, 2010. This specialized body was created to handle cases related to environmental protection, saving forests and other natural resources quickly and effectively. This tribunal also ensures that people’s rights related to the environment are protected and also provides compensation for damages caused to people or property due to environmental harm. It provides a fast- track, specialized and accessible legal mechanism for environmental justice. NGT has fined companies, stopped big projects and saved forests. But is it really strong?
AUTHORITY OF NGT
The question arises that Does NGT have real authority, or is it just a symbolic watchdog?
National Green Tribunal (NGT) is a quasi- judicial body that was established by a government notification for handling environmental disputes. Before the NGT, environmental cases were handled by regular courts, which caused delays in justice. Many environmental issues required fast and speedy redressal but simple cases like pollution and deforestation took years to resolve. In 1992, during the Rio Earth Summit, India decided that it would set-up a system for fast environmental justice. In 2010, the National Green Tribunal was officially established. The first NGT bench was set up in New Delhi. The first chairperson of NGT was Justice Lokeshwar Singh Panta. There are more benches of NGT in Pune, Bhopal, Chennai and Kolkata (Total five places of sitting). The main purpose of NGT is to:- (a)resolve cases within six months, (b)ensure strict enforcement, protect natural resources and forests, (c)provide compensation to victims. NGT cover laws like:- “The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981”; “The Environment (Protection) Act, 1986; The Forest (Conservation) Act, 1980”; “The Biological Diversity Act, 2002” and so on. As per the NGT Act 2010, The National Green Tribunal consist of three bodies which comprises mainly:- (a) The Chairperson (A retired Supreme Court judges or Chief justice of a High Court), (b) The Judicial Members (minimum 7, maximum10),(c) The Expert Members (minimum 7, maximum 10). The tenure of office is five years and they cannot be reappointed. Minimum age limit for Chairperson and Judicial members -70 years, Expert members – 65 years. The Chairperson is appointed by the Central Government (Ministry of Environment, Forest and Climate Change) in consultation with the Chief justice of India. The other members are appointed by recommendations from a selection committee. Powers of NGT are as follows: - (a) NGT has authority to hear cases related to environmental protection, conservation of forests and pollution control; (b) NGT can order compensation to victims and impose fine on industries for pollution or destruction; (c) NGT decisions are legally binding and if anyone fails to comply with the orders NGT can impose penalties or imprisonment; (d) If government approves some projects that threaten environmental laws, NGT can cancel or modify the same.
LANDMARK CASES
•Alaknanda Hydro Power Co. Ltd. V. Anuj Joshi & Ors. : In 2013, in the Uttarakhand floods case, the Alaknanda Hydropower enterprise constrained organisation was ordered to compensate the petitioner. Here , the NGT immediately relied on the principle of “polluter pays.”
Save Mon Federation v. Union of India, 2013, the NGT suspended a sixty four hundred crore hydro challenge to keep the habitat of birds.
Vardhman Kaushik v. Union of India & others: In 2015, the NGT ordered that each one diesel motors over 10 year vintage will not be accepted to ply in Delhi NCR.
M.C. Mehta v. Artwork of Living foundation & Others: In 2017, the art of living pageant on Yamuna floodplain became declared violating the environmental norms. The NGT panel imposed a penalty of rupees five crore as compensation for environmental damage.
Kudrat Sandhu v. Govt. of NCT of Delhi & Others: The NGT in 2017 imposed an interim ban on plastic luggage of much less than 50 micron thickness in Delhi because “they had been causing animal deaths, clogging sewers and harming the surroundings”. A fine of 5,000 changed into imposed on each person stuck with the use of or selling plastic bags.
CONCLUSION: IS THE NGT EFFECTIVE?
The National Green Tribunal (NGT) has played a significant role in speedy environmental justice, holding companies accountable, influencing policies and allowing public participation. However, enforcement remains its biggest challenge. Since NGT relies on other agencies to execute its orders, many rulings fail to bring real change. Additionally, Supreme Court interventions, political pressure and limited jurisdiction further weaken its impact. For the NGT to be truly effective, India needs stronger enforcement mechanisms, greater autonomy for tribunal and expansion of its powers. The NGT can pass orders, but without strict enforcement, they remain just words on paper.
“A nation that destroys its soil destroys itself”. – Franklin D. Roosevelt.
