The National Green Tribunal Act,2010 is an Act which enables creation of a special Tribunal to handle the expeditious disposal of cases pretaning to environmental issues. It was enacted under Indian Constitutional provision of Article 21.
OBJECTIVES
NGT is formed for effective disposal of cases relating to:-
1.Environmental protection
2.Conservation of forests
3.Other natural resources
4.Enforcement of any legal right relating to environment.
5.Giving relief and compensation for damages to persons and property.
Composition Of National Green Tribunal
1.The tribunal shall consist of-
- Full time chairperson
- Not less than 10 but maximum of 20 full time Judicial Member.
- Not less than 10 but maximum of 20 full time Expert Member.
2.The Chairperson of the Tribunal may invite any person having specialized knowledge and experience in a particular case before the Tribunal to assist the Tribunal in that case.
3.The Central Government by notification may specify the ordinary place of sitting of the Tribunal and the territorial jurisdiction.
4.The Central Government in consultation with the Chairperson of the Tribunal may make rules regulating the practices and procedure of the Tribunal including-
- The rules as to the persons who shall be entitled to appear before the Tribunal.
- The rules as to procedure for hearing applications and appeals and other matters.
- Rules relating to transfer of cases by the Chairperson from one place of sitting to other place of sitting.
POWERS OF NATIONAL GREEN TRIBUNAL
1.The Tribunal is not bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principle of natural justice.
2.The Tribunal has power to regulate its own procedure.
3.The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act,1872.
4.The tribunal shall have the same powers as are vested in a Civil Court while trying a suit, in respect of the following matters, namely:-
- Summoning and enforcing the attendance of any person and examining him on oath
- Requiring the discovery and production of documents
- Receiving evidence on affidavits
- Requisitioning any public record or documents or copy of such record or document
- Issuing commissions for the examination of witness or documents
- Reviewing its decision.
- Dismissing an application for default or deciding it ex-parte.
- Setting aside any order of dismissal of any application
- Pass an interim order including granting an injuction or stay
- Any other prescribed matter
COMPENSATION FOR DAMAGES
Heads under which compensation for damages can be claimed are:-
1.Death
2.Permanent, temporary, total or partial disability or other injury or sickness
3.Loss of wages due to total or partial disability or permanent or temporary disability
4.Damage to private property
5.Loss to local authority or government arising out of, or connected with, the activity causing any damage.
6.Loss of business or employment or both
7.Loss and destruction of any property other than private property
8.Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna
9.Claims on account of any harm, damage or destruction to the flora including aquatic flora, crops, vegetables, trees and orchards.
10.Expenses incurred by the Government or any local authority in providing relief, aid and rehabilitation to the affected persons.
11.Any other claim arising out of or connected with, any activity of handling of hazardous substance.
