By Akshara Sharma, Advocate
Introduction
The National Green Tribunal (NGT) was established on 18th October 2010 under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
The Tribunal is not bound by the procedures laid down under the Code of Civil Procedure, 1908, but is guided by principles of natural justice. At present the NGT is presided by Hon’ble Justice Swatanter Kumar.
Barely five years into its existence and the NGT has played a proactive role in passing orders thereby taking initiative to control the pollution levels of the country. The NGT has lately been praised by the international media for its speedy redressal of pollution issues.
The NGT filed during the year 2015, pronounced 56 judgments and disposed of 209 cases, which is a significant number for any adjudicating authority.
NGT in News: Recent Orders/Judgments
In Social Action for Forest and Environment vs. Union of India and Ors., the NGT has put a complete prohibition on any activity whatsoever within the 100 metre regulated zone of the Ganga river while it directed the authorities to display sign boards.
In the case of Perma Nand Khanta, the NGT declared ‘silence zones’ and imposed complete prohibition on horns or other sources of noise within 100 meters of such zones. The State was further directed to consider one-way traffic in Shimla to avoid congestion.
In another judgment the NGT took note of the pollution being caused by the burning of agricultural crops in the states of Northern India. The Tribunal in its October 2015 judgment prohibited burning of crops all over the country, more so in the States of Haryana, Delhi, Punjab, Rajasthan, Uttar Pradesh etc.
The Tribunal further provided directions in regard to providing assistance for extracting agricultural residue and its utilization as raw material for manufacturing of boards, fuel and other items, and the obligation was placed upon the State Governments to provide mechanical help, transport agricultural residue upon extraction and identify sources of its consumption.
The NGT has taken strict measures against the polluter in lieu of the ‘polluter pays principle’ and awarded compensation to the victims of such pollution.
In the case of Sarv Shikshit vs. State of H.P., the Tribunal called upon the cement plant in Himachal, Bilaspur to take all remedial steps to bring its parameters strictly within the specified standards and further awarded environmental compensation and compensation for damage to public health.
Out of a total compensation of Rs. 50 lacs, Rs. 10 lacs was directed to be paid to the government civil hospital at Bilaspur which would be spent on medicines, health care and tests to be conducted on the people who are living in close vicinity of the plant and are suffering from various diseases.
Other Actions of NGT
- The Tribunal had banned camping activities in the entire belt of Kaudiyala to Rishikesh till the regulatory regime comes into force but permitted the adventure sport rafting with immediate effect.
- Green Panel has ordered inspection of petrol pumps to check fuel adulteration. In another matter the Tribunal directed the Central Pollution Control Board (CPCB), Delhi Pollution Control Committee (DPCC) and Ministry of Petroleum to conduct joint inspection of any 10 petrol pumps in different parts of Delhi-NCR.
- In an attempt to operationalise the waste-to-energy plants in the capital, the NGT constituted a ‘high-powered team’ to inspect these plants while directing it to submit a report within three weeks.
It directed the team to submit the report noting the steps that are required to be taken to ensure that the waste-to-energy plant at Ghazipur and Bawana could be made operational without any further loss of time. The NGT further directed that reports would be comprehensive in all respects and shall fix responsibility for the requirements to be completed and steps to be taken by the respective stakeholders and the authorities to ensure grant of clearance of these projects.
The NGT directed that commercial vehicles entering the capital must pay an environmental compensation charge in addition to the toll tax, given that emissions from automobiles were responsible for the bulk of the particulate matter (PM) load that pollutes the ambient air. The Tribunal took note of the fact that 23% of commercial vehicles and 40%-60% of heavy trucks entering the city were not destined for Delhi.
Taking cognizance of the pollution levels in the city, owing to trucks being one of the major reasons for high PM, it directed that it was necessary to impose the charge, along with the toll imposed by the civic bodies, to equalise the difference in cost between travelling through the city and taking alternative routes.
The NGT Bench headed by Justice Swatanter Kumar said harsh measures were needed to ensure that ‘non-destined vehicles’ passing through Delhi to other areas are kept out of the city.
In a bid to make Shimla free of traffic congestion, the NGT has directed the Himachal Pradesh government to impose an environmental compensation of Rs. 500 on vehicles coming close to the Mall Road, a major tourist spot.
The National Green Tribunal has been a saviour for the citizens.