Skip to main content

How to file a complaint in National Green Tribunal (NGT)?

 Many of you would have heard of the National Green Tribunal (NGT) and it has been observed that people are becoming more and more aware about the Green Laws and  their Rights. This short primer explains how, when and where to approach the NGT.


Connect with an expert lawyer for your legal issue

 


National Green Tribunal

The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government. The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.


The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:


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.


Consult: Top Civil Lawyers in India 

 


This means that any violations pertaining only to these laws, or any order / decision taken by the Government under these laws can be challenged before the NGT. Importantly, the NGT has not been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc. Therefore, specific and substantial issues related to these laws cannot be raised before the NGT. You will have to approach the State High Court or the Supreme Court through a Writ Petition (PIL) or file an Original Suit before an appropriate Civil Judge of the taluk where the project that you intend to challenge is located. This can be done with the help of a civil lawyer. 


The NGT follows a very simple procedure to file an application seeking compensation for environmental damage or an appeal against an order or decision of the Government.  


For every application / appeal where no claim for compensation is involved, a fee of Rs. 1000/- is to be paid. In case where compensation is being claimed, the fee will be one percent of the amount of compensation subject to a minimum of Rs. 1000/-.



When can a claim for compensation be made?

A claim for compensation can be made in the following scenarios:

 


Relief/compensation to the victims of pollution and other environmental damage including accidents involving hazardous substances;


Restitution of property damaged;


Restitution of the environment for such areas as determined by the NGT.


No application for grant of any compensation or relief or restitution of property or environment shall be entertained unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose.


Connect with an expert lawyer for your legal issue

 


Principles of Justice adopted by NGT

The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. Further, NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872. Thus, it will be relatively easier (as opposed to approaching a court) for conservation groups to present facts and issues before the NGT, including pointing out technical flaws in a project, or proposing alternatives that could minimize environmental damage but which have not been considered. While passing Orders/decisions/awards, the NGT will apply the principles of sustainable development, the precautionary principle and the polluter pays principles. However, it must be noted that if the NGT holds that a claim is false, it can impose costs including lost benefits due to any interim injunction.


Common Issues in the National Green Tribunal include matters pertaining to Environmental Clearance, Forest Clearance, Mining, Forest Conservation , Coastal Zone Regulation , Cutting of trees, Illegal Constructions , Industrial Pollution and other Pollution issues. Any individual on either side of the forum i.e. A conservationist or be the one summoned by the Tribunal can avail remedies by being represented  through their legal representative . It should not be  misunderstood that the object of Green Laws in our Country and the aim  of the Tribunal is to regularize the functioning and not bar or cause hindrance for Common People, Entrepreneurs ,Industrialist etc.

Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti