Source: The Indian Express

Introduction

Recently, the National Green Tribunal (NGT) has rejected a prayer by the Special Protection Group (SPG) to extend the registration of the three diesel run specialised armoured vehicles needed for the specific purpose of security of the Prime Minister.

What was the Background of this Plea?

• The SPG submitted that these diesel vehicles are registered up to December 2029, but registration of these vehicles will be cancelled, and they will stand deregistered w.e.f. December 12, 2024, on completion of 10 years from the date of initial registration.
• In its order, the NGT principal bench comprising of the chairperson Justice Prakash Shrivastava and expert member Dr. A Senthil Vel, rejected the SPG application and cited the Supreme Court October 2018 order.
• The Supreme Court in 2018 directed the Transport Departments of NCR to follow the NGT guidelines and immediately announce that all the diesel vehicles more than 10 years' old and petrol vehicles more than 15 years' old shall not apply in the National Capital Region (NCR).
• Prior to the Supreme Court’s 2018 order, the NGT had itself passed an order in April 2015 in the case of Vardhaman Kaushik & Ors v. UOI, banning all diesel vehicles older than 10 years from plying on the roads of Delhi NCR.

What is the National Green Tribunal?

• About:
  • It is a specialised body set up 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.
  • With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, only after Australia and New Zealand, and the first developing country to do so.
  • NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.
  • The NGT has five places of sitting, New Delhi is the principal place of sitting and Bhopal, Pune, Kolkata and Chennai are the other four.
• Structure:
  • The Tribunal comprises of the Chairperson, the Judicial Members and Expert Members.
  • They shall hold office for a term of three years or till the age of sixty-five years, whichever is earlier and are not eligible for reappointment.
  • The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI).
  • A Selection Committee shall be formed by central government to appoint the Judicial Members and Expert Members.
  • There are to be at least 10 and a maximum of 20 full-time Judicial members and Expert Members in the tribunal.

What are the Powers & Jurisdiction of NGT?

• Regulation:
  • Section 19 of the NGT Act, 2010 gives power to NGT to regulate its own procedure.
• Jurisdiction Over Civil Cases:
  • The Tribunal has jurisdiction over all civil cases involving substantial question relating to the environment (including enforcement of any legal right relating to the environment).
    • In October 2021, the Supreme Court declared the NGT’s position as a “unique” forum endowed with suo motu (on its own motion) powers to take up environmental issues across the country.
• Appellate Jurisdiction:
  • Being a statutory adjudicatory body like Courts, apart from original jurisdiction side on filing of an application, NGT also has appellate jurisdiction to hear appeal as a Court (Tribunal).
• Natural Justice:
  • The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, (CPC) and Indian Evidence Act, 1872 (IEA) but shall be guided by principles of 'natural justice'.
• Polluter Pays Principle:
  • While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.
• Power:
  • Relief and compensation to the victims of pollution and other environmental damage (including accident occurring while handling any hazardous substance),
  • For restitution of property damaged, and
  • For restitution of the environment for such area or areas, as the Tribunal may think fit.
  • An order/decision/award of Tribunal is executable as a decree of a civil court.
• Penalties:
  • Imprisonment for a term which may extend to three years,
  • Fine which may extend to ten crore rupees, and
  • Both fine and imprisonment.
• Appeal:
• An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication.
• Major Laws:
  • 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 and
  • The Biological Diversity Act, 2002.
  • Any violation pertaining to these laws, or any decision taken by the Government under these laws can be challenged before the NGT.

What are the Landmark Judgments of NGT?

• Save Mon Federation v. Union of India case (2013):
  • In this case, the NGT suspended a ₹6,400-crore hydro project, to save the habitat of a bird.
• Plastic Ban:
  • The NGT, in 2017, imposed an interim ban on plastic bags of less than 50-micron thickness in Delhi because “they were causing animal deaths, clogging sewers and harming the environment”.

Conclusion

The NGT bench in its order, noted that the government notifications were general in nature whereas the Supreme Court order on diesel vehicles was specifically for Delhi NCR. Further there is need for more autonomy and to widen the scope of NGT for effective protection of environment in balance with human developmental activities.