NATIONAL GREEN TRIBUNAL

Authored by: ISHAN MISHRA , B.A.LLB (H) , 10^th Semester , K.R. MANGALAM UNIVERSITY 

INTRODUCTION

Green is the color symbolizing nature and the well-being of the environment as well. Our lives have constantly reminded us about the importance of greenery & sustainable practices, whether in our schools or through awareness campaigns in some form or the other. Environmental protection however extends beyond awareness merely as it requires institutional along with legal safeguards. The National Green Tribunal thus plays a pivotal role in ensuring environmental justice by addressing violations & enforcing laws that are aimed at sustainability. The National Green Tribunal stands as an institution that’s crucial and dedicated to upholding environmental justice to ensure accountability and address ecological concerns through a specialized judicial framework. As the challenges of the environment continue to escalate, NGT’s role becomes more vital than ever in shaping a sustainable future for everyone. 

Key Words: Environmental Protection, Greenery, sustainability, sustainable practice, Ecological concerns

HISTORICAL BACKGROUND

1. Need for a Specialized Environmental Tribunal

India has long struggled to balance economic development with environmental protection. While the country had several environmental laws, their implementation remained weak due to delayed judicial processes, lack of specialized expertise, and inadequate enforcement mechanisms. Before the establishment of the National Green Tribunal (NGT), environmental cases were primarily adjudicated by the High Courts and the Supreme Court under Articles 226 and 32 of the Constitution of India, 1950. However, the regular judiciary often faced case backlogs and lacked technical expertise in environmental matters, which led to delayed justice and ineffective enforcement.

The Bhopal Gas Tragedy (1984), one of India’s worst industrial disasters, exposed the limitations of existing legal remedies for environmental damage and compensation. 

Similarly, the landmark case of Vellore Citizens Welfare Forum v. Union of India (1996), which introduced the Polluter Pays Principle in India, reinforced the need for a dedicated environmental tribunal to ensure swift and effective adjudication of ecological disputes.

2. Legislative Evolution: Establishment of NGT

Recognizing the urgent need for an independent environmental judiciary, the Government of India enacted the National Green Tribunal Act, 2010, which led to the formal establishment of the NGT on October 18, 2010.

The NGT was created to:

• Ensure the effective and speedy disposal of environmental cases.
• Protect natural resources and enforce environmental laws.
• Provide relief and compensation for damages, including loss of life, property, and health issues arising from environmental hazards.

Unlike regular courts, the NGT is a specialized body with technical and legal experts to handle multidisciplinary environmental disputes. It was also inspired by global best practices, particularly the Land and Environment Court of Australia and New Zealand’s Environment Court, reinforcing India’s commitment to efficient environmental governance.

3. International Commitments Influencing NGT’s Formation

• Stockholm Declaration, 1972: Highlighted the global need for specialized environmental adjudication.
• Rio Declaration on Environment and Development, 1992: Emphasized “Access to Justice” in environmental matters (which is stated in Principle 10).
• Agenda 21 (a.k.a Earth Summit, 1992): Advocated for effective dispute resolution mechanisms in environmental governance.
• Paris Agreement, 2015 (Though post-NGT, it reinforced its role): India’s commitments under international climate agreements further justify NGT’s importance.

Adding these international commitments strengthens the legal rationale behind NGT’s establishment.

4. Predecessor to NGT: The National Environment Appellate Authority (NEAA), 1997

• Before NGT, India had the National Environment Appellate Authority (NEAA), which was established under the Environment Protection Act, 1986 to hear appeals regarding environmental clearances.
• NEAA, however, was largely ineffective due to:
  • Lack of judicial powers.
  • Limited scope (could only hear appeals against environmental clearances).
  • Slow decision-making and lack of enforcement authority.
• The NGT replaced NEAA, ensuring a stronger and more comprehensive framework for environmental dispute resolution.

This addition makes it clear that NGT was not the first attempt at a specialized environmental tribunal but was a necessary evolution due to NEAA’s inefficiency.

5. Expansion of NGT’s Role Post-2010

• While NGT was initially set up for quick disposal of environmental cases, it has expanded its role by: 

• Issuing suo motu (which means on its motion) directives on environmental violations.
• Strengthening the Polluter Pays Principle.
• Shaping key environmental policies by influencing government regulations.

Powers & Functions of the NGT 

Some of the key powers vested by the National Green Tribunal are: 

• Adjudication of legal disputes: As per section 14 of the NGT Act, the organization has jurisdiction over civil cases that involve substantial related to the environment including the enforcement of environmental rights. 
• Suo Motu Powers: The Supreme Court even has clarified that the NGT possesses some suo motu powers, which means it can take up cases related to the environment on its own without the requirement of any formal petition. 
• Power in granting compensation & relief: The NGT awards compensation for damage to the environment, which includes harm to individuals as well as properties. This power is what ensures that the affected parties are receiving adequate relief & also that the industries & individuals harming the environment are held responsible. 
• Issuing of directives & penalties: The tribunal also has the authority to impose penalties, direct restoration of environmental measures, ensuring compliance with the pollution control regulations. 
• Judicially reviewed & Enforced: The decisions of the NGTs are binding & can be even enforced just like those of the Civil Court. The powers are similar to those of the High Court for the issuance of directions to the authorities ensuring compliance. 
• Handling of the Violations of Environmental Laws: The NGT also actively takes up cases relating to industrial pollution, illegal mining, and environmentally sensitive zones being encroached. 

• The Legal Framework & NGTs Jurisdiction 

The NGT is established under the act of 2010, ensuring the objective of environmental protection and sustainable development through a specialized judicial body. Primarily the Tribunal is functioning under schedule 1 of the Act, including the key environmental laws such as:

• The water (prevention & control of pollution) Act,1974
• The Air (Prevention & Control of Pollution) Act, 1981
• The Environment (Protection) Act,1986
• The Forest (Conservation) Act,1980 

These are the legislations providing for the foundation of NGT’s power in addressing environmental disputes, ensuring compliance & adjudicating cases related to the degradation of the environment. 

• The NGT’s Appellate Jurisdiction 

The NGT Act of 2010 provides that the Tribunal has an appellate jurisdiction under section 16 which means it can hear appeals against the decisions that are made by the regulating authorities concerned about the environmental laws which include: 

o Environmental Clearance: This means that if a company receives approval for the project but there are some concerns about its impact on the environment the parties affected can approach the NGT. 

o Pollution Control Board Decisions: If any business or any industry has been penalized by either the Central or the State Pollution Control Board, the party being affected can challenge the NGT decisions. 

o Forest & Wildlife matters: If any project involving deforestation or encroachment on the areas protected, then any individual or any environmental group can approach the NGT. 

• Thus the NGT’s appellate jurisdiction plays a very crucial role in ensuring that environmental laws don’t get misused for economic gains while balancing the development & the preservation of the ecology. 

LANDMARK JUDGEMENTS ON NGT

♣ In the case of “Municipal Corporation of Gr. Mumbai Vs. Ankita Sinha (2021)” it was safely concluded that the environmental issues and matters covered under Schedule I to the NGT Act should be instituted and litigated before the  National Green Tribunal Act, 2010 (for short “NGT”). Such an approach may be necessary to avoid the likelihood of conflict of orders between the High Courts and NGT. Thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before NGT. This will help in rendering expeditious and specialized justice in the field of environment to all concerned.  

♣ Veena Gupta & Ors. Vs. C.P.C.B. & Ors. (2024) it involved the challenge of an ex-parte order by the NGT. It was ruled by the Supreme Court that the NGT violated the principles of natural justice by failing to issue notices before imposing the penalties. It emphasized procedural integrity & remanded the case for re-hearing, directing the NGT to allow the affected parties a fair chance to present their case. The court also cautioned that while environmental justice is crucial, due process can’t be ignored. 

♣ Lastly in the case of the Greenwood City villa Jan Welfare Society & Greenwood City Residents Welfare Association Vs. Godwin Construction Company Pvt. Ltd. Meerut of 2025, the NGT had imposed a fine of an amount of Rs.10 Crore on the Construction company for violating environmental norms in the city of Meerut. It was found out by the tribunal that it was a failure of the company to obtain necessary environmental clearances & also had caused damages to the environment around the area. The penalty was directed toward environmental restoration efforts. 

CHALLENGES & CRITICISM OF THE NGT

1. Jurisdictional Limitation: The NGT can hear the matters only related to the environmental laws listed in the 1st schedule of the NGT Act,2010. It lacks jurisdiction over key laws such as that of the Wildlife Protection Act of 1972 & the Indian Forest Act of 1927. 
2.  Lacking Enforcement Power: While the decisions of the NGTs are binding, the enforcement often depends on the executive agencies, leading to the issues of non-  complying. 
3.  Allegations of Judicial Over-reach: Some rulings have faced backlashes for exceeding the mandate of the Tribunal which impacts the industries & development of the projects
4. Constraints of the Resources: The Tribunal does face some shortages of judges & Technical experts as well which leads to the delay in the case disposal. 
5. Inconsistency in making Decisions: Some stakeholders have even argued that the rulings of the NGT lack consistency, which leads to confusion in environmental jurisprudence. 
6. Appeals & Overruling by the Higher courts: Some of the orders of the NGT are even challenged in the Supreme Court, which reduces the final authority of the Tribunal. 
7. Lacking Regional Benches: Although it has been established to ensure accessibility, the Tribunal has benches that are limited, making access difficult for the environmental justice for the remote areas. 

THE WAY FORWARD: STRENGTHENING NGT

1. Strengthening the enforcement mechanism: One of the major concerns surrounding NGT is that strong enforcement is lacking. Its decisions are binding, although compliance often still depends on government agencies and regulatory bodies. Therefore, strengthening coordination between the NGT, Pollution control boards, and local authorities is crucial. 
2. Enhancing the powers & jurisdictions: The jurisdiction of the NGT currently is over the laws related to environmental laws which are listed in Schedule 1 of the principle act. However, the Indian Forest Act of 1927 & Wildlife Protection Act of 1972 are key environmental laws which are falling outside their ambit. Expanding the jurisdiction of NGT to cover all major environmental laws would allow the tribunal to address ecological concerns comprehensively. 
3.  Increasing Public Awareness & accessibility: Many citizens are unaware of the role of NGT in environmental justice. Organizing awareness campaigns, workshops, and legal aid programs encourages more people to approach NGT for environmental grievances. Also increasing the no. of regional benches can improve accessibility, especially in the environmentally sensitive zones. 
4. Role of the Government & Judiciary: To ensure that the rulings of the NGT are effectively implemented, there’s a need for stronger coordination between the government & judiciary. Agencies of the government should comply with the tribunal’s order, without any bureaucratic delays, & the judicial review by the Supreme Court must maintain the integrity of the Tribunal while avoiding unnecessary overreach. 

CONCLUSION

The National Green Tribunal emerged as an organization that plays a pivotal role in the environmental governance of India which further ensures that the enforcement of laws is efficient and swift justice is provided in the matters relating to the ecology. Despite the jurisdictional limitations, enforcement hurdles & constraints of the resource being some challenges the NGT in upholding environmental justice has played a significant role. Its authority is being strengthened, and its jurisdiction is being expanded along with the enforcement mechanisms being improved enhancing its effectiveness further. Lastly, the NGT has & will remain balanced for sustainable development ensuring a greener & future that is more responsible for India. As long as the concerns relating to the environment continue growing. 

References: 

• Historical background: https://www.greentribunal.gov.in/faqs/ 

• Powers & Functions: https://greentribunal.gov.in

                                  Indian Journal of Environmental Law

• Case laws:         https://indiankanoon.org/