Polluters Beware – National Green Tribunal Comes into Existence
THE National Green Tribunal has officially been notified by the Chairperson of the Tribunal, Justice Lokeshwar Singh Panta , former Supreme Court Judge.
In June 2010, the Environment and Forests ministry had written to the Revenue Secretary about the highlights of the Tribunal:
++ The NGT Act, 2010 is a path breaking legislation which shall usher in a new dimension in environmental adjudication. The Tribunal is expected to promote access to justice and fast-track disposal of cases of civil nature through its specialized architecture, wide range of powers and flexible procedures. It is proposed to sit at five places in India and it may adopt a circuit approach. The orders of the Tribunal are challengeable in the Supreme Court of India.
++ The Tribunal shall be a specialized body consisting of both Judicial as well as Expert Members. It shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908. It shall not be bound by the procedures laid down by the said Code, but shall be guided by the principles of natural justice. The statute mandates the application of the principles of sustainable development, the precautionary principle and the polluter pays principle, by the Tribunal.
++ The Tribunal shall have jurisdiction over all civil cases where a substantial question relating to environment is involved. It shall have both original jurisdiction arising out of implementation of the seven enactments specified is Schedule-I as well as appellate jurisdiction against the orders of various authorities under certain Acts. These Acts, inter-alia, include the Forest (Conversion) Act, 1980 and the Environment (Protection) Act, 1986. The Act empowers the NGT to provide for relief, compensation and restitution of property to environmental victims without placing any ceiling on the award of compensation. Stiff penalties are provided for failure to comply with the orders of the Tribunal.
++ The locus of approaching the Tribunal has consciously been kept extremely wide.
This letter had been circulated to all Central Excise offices.
Ministry of Environment & Forests letter to Revenue Secretary.