National Green Tribunal: powers and jurisdiction

The National Green Tribunal Act, 2010: composition, original and appellate jurisdiction, relief and appeal

In one minute

The National Green Tribunal (NGT) is a special forum for environmental disputes. Its bench mixes judicial members and expert members. It hears civil cases with a substantial environmental question under seven listed Acts.

It can order relief, compensation and restoration. It also hears appeals against orders such as environmental clearance. It must apply sustainable development, the precautionary principle and the polluter pays principle. An appeal from the NGT goes to the Supreme Court.

Exam focus

Frequency: Rarely asked
Usually asked as: Both (long answer and short answer)

Legal provision

The main sections of the National Green Tribunal Act, 2010 (Act No. 19 of 2010) are these.

Section 3: the Central Government establishes the Tribunal by notification.
Section 4: a full-time Chairperson, ten to twenty full-time Judicial Members and ten to twenty full-time Expert Members, as notified.
Section 14: jurisdiction over all civil cases where a substantial question relating to environment arises from the implementation of the enactments in Schedule I.
Section 15: relief, compensation and restitution.
Section 16: appellate jurisdiction.
Section 20: the Tribunal must apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
Section 22: appeal to the Supreme Court.
Section 29: civil courts cannot hear matters the Tribunal decides.

Meaning and definition

The National Green Tribunal is a statutory body for quick and expert decisions in environmental cases. The Supreme Court had urged expert environmental bodies earlier, in A.P. Pollution Control Board v. Prof. M.V. Nayudu, where it referred technical questions to an expert authority. The Tribunal combines law and science on one bench.

Its work has three parts. It decides civil disputes (original jurisdiction), it hears appeals against certain orders, and it awards relief and restoration.

What the Tribunal can doHow to read this: start at the top box and follow the lines to the three kinds of work. Each box names the section.

National Green Tribunal
- Civil disputes (section 14)Substantial environmental question under a Schedule I Act.
- Relief and restoration (section 15)Compensation, restitution of property and of the environment.
- Appeals (section 16)Against orders and directions under listed Acts, including environmental clearance.

Detailed explanation

Step 1: composition (section 4)

The Tribunal has a full-time Chairperson. It has between ten and twenty full-time Judicial Members and between ten and twenty full-time Expert Members, as the Central Government notifies. The Chairperson may invite persons with special knowledge to help in a case.

The Central Government notifies where the Tribunal sits and which area each place covers. The rules may fix how many members hear a case, but the Expert Members hearing a case must equal the Judicial Members hearing it.

Step 2: original jurisdiction (section 14)

The Tribunal hears civil cases where a substantial question relating to environment arises out of the implementation of an enactment in Schedule I. The question can include enforcement of a legal right relating to environment. Schedule I lists seven Acts.

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.

The Wild Life (Protection) Act, 1972 is not in Schedule I. A dispute only under that Act does not come to the Tribunal under section 14.

Section 14(3) sets a time limit. The application must be made within six months of the date the cause of action first arose. The Tribunal may allow a further period of up to sixty days for sufficient cause.

Example. Residents of Vapi say a plant's discharge breaks the conditions of its consent under the Water Act. This is a substantial environmental question under a Schedule I Act. They can file an application before the Tribunal within six months.

Step 3: relief, compensation and restitution (section 15)

The Tribunal may order relief and compensation to victims of pollution and other environmental damage under the Schedule I Acts, including accidents with hazardous substances. It may order restitution of damaged property and of the environment. This is in addition to relief under the Public Liability Insurance Act, 1991. An application must be made within five years, with a further sixty days allowed for sufficient cause. Section 15(4) lets the Tribunal divide the relief under heads in Schedule II.

Step 4: appellate jurisdiction (section 16)

A person aggrieved may appeal to the Tribunal within thirty days against ten kinds of order, with a further sixty days for sufficient cause. They include the following.

Orders of the appellate authorities under the Water Act (section 28) and the Air Act (section 31), and State Government orders under section 29 of the Water Act.
Directions of a Board under section 33A of the Water Act.
Orders under section 2 of the Forest (Conservation) Act, 1980.
Directions under section 5 of the Environment (Protection) Act, 1986.
Orders granting or refusing environmental clearance under that Act.
Benefit sharing determinations of the National Biodiversity Authority or a State Biodiversity Board.

Step 5: principles and appeal (sections 20 and 22)

Section 20 says the Tribunal shall, while passing any order, decision or award, apply sustainable development, the precautionary principle and the polluter pays principle. Section 22 lets any person aggrieved by an award, decision or order of the Tribunal appeal to the Supreme Court within ninety days. The grounds are those in section 100 of the Code of Civil Procedure, 1908. The Supreme Court may admit a late appeal for sufficient cause.

Example. An industry loses an appeal against the refusal of environmental clearance. It cannot go to the High Court. It files an appeal in the Supreme Court within ninety days, on grounds of law.

Exceptions and special rules

Bar on civil courts (section 29)

From the date the Tribunal is established, no civil court may hear an appeal on a matter the Tribunal decides on appeal. Civil courts also cannot settle disputes or claims for relief, compensation or restitution that the Tribunal can decide. They cannot grant an injunction against action taken by or before the Tribunal.

The earlier bodies

The Act repealed the National Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act, 1997 (section 38). The Authority stands dissolved on the Tribunal's establishment, and its pending cases pass to the Tribunal.

Don't confuse: original and appellate jurisdiction

Point	Section 14	Section 16
Nature	Original: civil dispute with a substantial environmental question	Appeal against a listed order or direction
Limit	Six months from the cause of action, plus up to sixty days	Thirty days from the order, plus up to sixty days
Basis	A Schedule I Act	The Acts and orders the section lists

Inside the concept. Villagers challenge the environmental clearance granted to a port. This is an appeal under section 16.

Just outside it. A hunter's licence under the Wild Life (Protection) Act is cancelled. The Act is not in Schedule I, so the dispute does not come under section 14.

Common mistakes

Saying the Wild Life (Protection) Act, 1972 is in Schedule I. It is not.
Writing that an appeal from the Tribunal goes to the High Court. It goes to the Supreme Court under section 22.
Mixing the time limits: six months for section 14, five years for section 15, thirty days for section 16, ninety days for section 22.
Forgetting that section 20 makes the three principles binding.

Apply it

Problem

The Ministry grants environmental clearance to a coastal project in Maharashtra. Fishers want to challenge the clearance 20 days after the order. Where do they go?

Issue

Which forum and which section apply?

Rule

Section 16(h) allows an appeal against an order granting environmental clearance. The limit is thirty days.

Application

The clearance is an order of the kind in section 16(h). The fishers are within thirty days.

Conclusion

The fishers appeal to the National Green Tribunal. The Tribunal must apply the principles in section 20.

Leading case laws

Hanuman Laxman Aroskar v. Union of India
Facts. The NGT upheld the environmental clearance for an airport at Mopa in Goa with added conditions. Two appeals reached the Supreme Court.

Principle. The Tribunal has a duty of merits review under section 16(h) and must apply section 20. Failing to consider vital issues raises a substantial question of law under section 22. The Court suspended the clearance.

Why it matters. It defines the Tribunal's duty when it hears an appeal on clearance.
Alembic Pharmaceuticals Ltd. v. Rohit Prajapati
Facts. The Tribunal struck down a circular offering clearance after the event, revoked the clearances and ordered closure of three industries.

Principle. The Supreme Court held the circular unsustainable. It set aside closure as disproportionate and required each industry to deposit Rs 10 crores.

Why it matters. It shows proportionality in an appeal from the Tribunal.
A.P. Pollution Control Board v. Prof. M.V. Nayudu (Retd.)
Facts. A factory near two lakes was refused consent. The Court referred the technical questions to the National Environmental Appellate Authority.

Principle. Technical environmental questions should go to expert bodies.

Why it matters. It shows why a mixed expert and judicial tribunal was needed.

How to write this answer in the exam

5-mark answer

Establishment and composition.
Jurisdiction under section 14 and Schedule I.
Relief under section 15.
Appeal to the Supreme Court under section 22.

10-mark answer

Need for an expert tribunal.
Composition and sittings.
Original jurisdiction and the Schedule I list.
Relief, compensation and restitution.
Appellate jurisdiction under section 16, with the comparison table.
Section 20 principles, section 22 appeal, and Hanuman Laxman Aroskar.

Key points to remember

NGT Act, 2010 (Act No. 19 of 2010). Expert Members equal Judicial Members on a bench.
Section 14: civil cases under seven Schedule I Acts, six months.
The Wild Life (Protection) Act, 1972 is not in Schedule I.
Section 15: relief, compensation, restitution, five years.
Section 16: appeals within thirty days. Section 20: three binding principles.
Section 22: appeal to the Supreme Court within ninety days.

Quick self-test

1. How many Acts are in Schedule I?

Seven.

2. Where does an appeal from the NGT go?

To the Supreme Court, within ninety days, under section 22.

3. Which section requires the three environmental principles?

Section 20.