What is the full form of NGT

NGT: National Green Tribunal

The National Green Tribunal (NGT) was founded on October 18, 2010, following the NGT Act of 2010, to serve as a specialized authority for resolving environmental disputes involving many disciplines. The National Environment Appellate Authority was removed, and it was afterward created. Moreover, it is influenced by Article 21 of the Indian Constitution, which guarantees that the country's residents would live in a healthy environment.

What is NGT

The NGT has the authority to hear and decide matters involving the environment and natural resources, such as air pollution, water pollution, the preservation of forests, the preservation of biodiversity, and climate change. It can make decisions, pass verdicts, administer punishments, and offer relief and restitution to those harmed.

The NGT has regional benches throughout India, with its headquarters in New Delhi. The Tribunal is led by a retired judge of the Supreme Court of India or the Chief Justice of a High Court, and it is made up of numerous judicial and expert members who are knowledgeable about environmental issues.

The NGT has played a significant role in resolving environmental concerns and has made several important rulings to preserve and safeguard the environment. It is a key institution in India's environmental governance structure because of its generally acknowledged role in guaranteeing environmental preservation and protection.

Structure of NGT

A specialized court in India is called the National Green Tribunal, and it is organized as follows:

1. Chairperson: The NGT is presided over by a former Supreme Court of India judge or a Chief Justice of a High Court. In addition to chair over Tribunal sessions, the Chairperson is in charge of the NGT's entire operation.

2. Judicial Members: The NGT has several Judicial Members appointed from among the persons who have been, or are qualified to be, a Judge of a High Court. The Judicial Members are responsible for hearing and deciding cases related to environmental issues that come before the NGT.

3. Expert Members: Some are appointed to the NGT based on their knowledge and experience in the environment and related sciences. The environmental sciences, ecology, hydrology, and other related topics are among the many disciplines from which these Expert Members are chosen. They offer professional advice and help judicial members grasp the technical details of the challenges.

4. Regional Benches: The NGT has regional benches located in various cities across India, including Chennai, Pune, Kolkata, Bhopal, and Delhi. The regional benches have the same structure as the principal bench in Delhi and are responsible for hearing cases related to environmental issues specific to their region.

5. Administrative Staff: The NGT has an administrative staff consisting of officers and employees who assist the Chairperson and other Members in the day-to-day functioning of the Tribunal.

6. Powers and Functions: The NGT has the authority to hear and decide matters involving the environment and natural resources, such as those involving air pollution, water pollution, the preservation of forests, the preservation of biodiversity, and climate change. It has the authority to issue orders and judgments, impose penalties, and provide relief and compensation to affected parties.

Objectives of NGT

The National Green Tribunal's objectives are to provide an effective and quick resolution to environmental disputes, to conserve and protect the environment, to lessen environmental pollution, to promote sustainable development, to encourage public participation in environmental decision-making, and to provide compensation for environmental damage. The goals of NGT are as follows:

1. Effective and speedy resolution of environmental disputes: One of the primary objectives of the NGT is to provide an effective and speedy resolution to environmental disputes. The Tribunal has been set up to provide an alternative forum for resolving environmental disputes and reducing the burden on the traditional courts.

2. Conservation and protection of the environment: The NGT aims to ensure the conservation and protection of the environment by enforcing environmental laws and regulations. The Tribunal can issue orders and judgments to prevent or remedy environmental damage caused by human activity.

3. Reduction of environmental pollution: The NGT aims to reduce environmental pollution by enforcing laws and regulations related to air and water pollution, noise pollution, hazardous waste management, and other related issues.

4. Promotion of sustainable development: The NGT seeks to advance sustainable development by balancing economic expansion and environmental preservation. The Tribunal wants to ensure that development is done in an ecologically responsible way.

5. Public participation in environmental decision-making: The NGT encourages public participation in environmental decision-making. The Tribunal provides a platform for individuals and organizations to voice their concerns about environmental issues and participate in decision-making.

6. Compensation for environmental damage: The NGT aims to compensate victims of environmental damage caused by human activity. The Tribunal has the power to order the payment of compensation to affected parties for damage caused to the environment or individuals.

Importance of NGT

In India, the NGT is essential to preserving the environment and advancing sustainable development. Some of the key importance of the NGT are:

1. Specialized forum: The NGT provides a specialized forum for resolving environmental disputes. The Tribunal has been set up with a specific mandate to deal with environmental cases, enabling it to develop specialized expertise in environmental law.

2. Time-bound and cost-effective: The NGT has a time-bound and cost-effective approach to environmental dispute resolution. The Tribunal is required to dispose of cases within a specified time frame, which ensures that disputes are resolved quickly and efficiently. This helps reduce litigation costs and provides a more accessible forum for environmental justice.

3. Expertise: The NGT comprises environmental law and science experts, enabling it to make informed decisions based on sound scientific evidence and legal principles. This helps to ensure that environmental disputes are resolved fairly and objectively.

4. Uniformity in decision-making: The NGT has the power to transfer cases from one bench to another, which helps to ensure uniformity in decision-making. This encourages uniformity in applying environmental laws and regulations throughout the nation.

5. Enforcement of environmental laws: To ensure adherence to environmental standards, the NGT has the authority to enforce environmental laws and regulations. The Tribunal can issue orders to stop or prevent activities causing environmental damage, such as the closure of industries or the imposition of fines.

6. Public participation: The NGT encourages public participation in environmental decision-making. To encourage openness and accountability in environmental governance, the Tribunal permits both people and organizations to bring claims involving environmental concerns.

7. Precautionary principle: The NGT applies the precautionary principle while dealing with environmental disputes. This principle requires that in situations where there is uncertainty about the potential environmental impact of an activity, precautionary measures should be taken to prevent harm to the environment.

The National Green Tribunal is important in protecting the environment and promoting sustainable development in India. The specialized forum, time-bound and cost-effective approach, expertise, uniformity in decision-making, enforcement of environmental laws, public participation, and application of the precautionary principle are some of the key factors that make the NGT an important institution in environmental governance.

Function of NGT

The National Green Tribunal (NGT) is a specialized forum for resolving environmental disputes and promoting sustainable development in India. Some of the key functions of the NGT are:

1. Hear and dispose of environmental disputes: The NGT is empowered to hear and dispose of cases related to environmental disputes, such as pollution, deforestation, and climate change. The Tribunal can also issue orders and directions to stop or prevent activities that are causing environmental harm.

2. Interpret environmental laws and regulations: The NGT can interpret and guide their implementation. This helps ensure consistency in applying environmental laws across the country.

3. Monitor implementation of environmental norms: The NGT can monitor the implementation of environmental norms and regulations and take action against non-compliance. The Tribunal can also order the closure of industries that violate environmental norms or impose fines for non-compliance.

4. Provide relief and compensation: The NGT can provide relief and compensation to environmental damage or pollution victims. The Tribunal can order polluting industries to pay compensation for the harm caused to the environment or affected communities.

5. Promote sustainable development: The NGT is mandated to promote sustainable development and balance economic development with environmental protection. The Tribunal can impose conditions on industries to ensure they operate environmentally and sustainably.

6. Encourage public participation: The NGT encourages public participation in environmental decision-making and allows individuals and organizations to file cases related to environmental disputes. This helps to promote transparency and accountability in environmental governance.

7. Develop environmental jurisprudence: The NGT is developing environmental jurisprudence and contributing to the development of environmental law in India. The Tribunal's judgments and orders guide the interpretation and implementation of environmental laws and regulations.

The National Green Tribunal plays a key role in protecting the environment and promoting sustainable development in India. Its functions include hearing and disposing of environmental disputes, interpreting environmental laws and regulations, monitoring the implementation of environmental norms, providing relief and compensation, promoting sustainable development, encouraging public participation, and developing environmental jurisprudence.

Term of NGT Members

The Chairperson and other members of the NGT have a fixed term of office. The term of office for the Chairperson is five years or until the age of 70, whichever is earlier. For Judicial Members, the term of office is five years or until they reach 70, whichever is earlier. For Expert Members, the term of office is three years or until they attain the age of 67, whichever is earlier.

After the completion of their term, members of the NGT are not eligible for reappointment. However, if the Chairperson or any member resigns or dies before completing their term, a new Chairperson or member can be appointed to fill the vacancy.

It's important to note that members of the NGT can be removed from their positions if they are found guilty of misconduct or incapacity. The procedure for removing members is similar to the procedure for removing a Judge of the High Court.

Who appoints NGT Chairman?

The Central Government of India appoints the Chairperson of the NGT. The appointment is made based on the recommendation of a selection committee consisting of:

1. Chief Justice of India or his nominee - Chairperson
2. A senior Judge of the Supreme Court of India - Member
3. Secretary, Ministry of Environment and Forests - Member Secretary

The selection committee shortlists candidates for the position of Chairperson and recommends a name to the Central Government. The Central Government makes the final appointment based on the selection committee's recommendation.

Who appoints NGT members?

The Central Government of India appoints the National Green Tribunal (NGT) members based on the recommendation of a selection committee. The selection committee consists of:

1. Chairperson of the NGT - Chairperson of the selection committee
2. Secretary, Ministry of Environment and Forests - Member
3. Secretary, Ministry of Water Resources - Member
4. Secretary, Ministry of Urban Development - Member
5. Secretary, Ministry of Agriculture - Member

The selection committee shortlists candidates for the positions of Judicial and Expert members and recommends their names to the Central Government. The Central Government makes the final appointment based on the selection committee's recommendation.

Powers of NGT

NGT has been conferred extensive powers to deal with environmental disputes and violations of environmental laws. The powers of the NGT can be broadly categorized as follows:

1. Adjudicatory powers: The NGT can hear and dispose of cases related to environmental disputes, such as those related to air and water pollution, forest conservation, biodiversity conservation, hazardous waste management, and climate change. The Tribunal can also hear appeals against decisions of the Appellate Authority under various environmental laws.

2. Powers related to relief and compensation: The NGT can provide relief and compensation to individuals and communities affected by environmental damage caused by human activity. The Tribunal can order the payment of compensation for environmental damage and the restoration of the environment to its original state.

3. Powers related to enforcement: The NGT can enforce environmental laws and regulations. The Tribunal can issue orders to stop or prevent activities causing environmental damage, such as the closure of industries or the imposition of fines. The NGT can also direct government agencies to address environmental violations appropriately.

4. Powers related to monitoring: The NGT can monitor compliance with environmental laws and regulations. The Tribunal can direct the submission of environmental compliance reports by industries and other organizations and take action against those who fail to comply with environmental norms.

5. Powers related to review and appeals: The NGT has the power to review its orders and judgments and can also hear appeals against decisions of various environmental authorities. The Tribunal can also transfer cases from one bench to another and issue directions to ensure the uniform application of environmental laws.

6. Powers related to contempt of the Tribunal: The NGT can initiate contempt proceedings against individuals and organizations that fail to comply with its orders and judgments.

The National Green Tribunal has been given extensive powers to hear and dispose of environmental disputes, provide relief and compensation to affected parties, enforce environmental laws and regulations, monitor compliance, review its orders and judgments, and initiate contempt proceedings against violators. The aim is to provide an effective and efficient forum for resolving environmental disputes and protecting the environment.

Challenges of NGT

The National Green Tribunal (NGT) faces several challenges in fulfilling its mandate to protect the environment and promote sustainable development in India. Some of the key challenges are:

1. Limited jurisdiction: The NGT has limited jurisdiction over certain environmental matters. For example, the Tribunal cannot hear cases related to wildlife protection or coastal zone regulation, which fall under the purview of other specialized authorities.

2. Lack of infrastructure: The NGT faces a shortage of infrastructure, including office space, staff, and equipment. This hinders the smooth functioning of the Tribunal and delays the resolution of environmental disputes.

3. Delayed appointments: The appointment of members and chairpersons to the NGT has been delayed in the past, which has led to a backlog of cases and increased workload for the existing members.

4. Limited awareness: The public has limited awareness about the NGT and its mandate. This hinders the participation of affected communities in environmental decision-making and can lead to a lack of accountability from polluting industries and other organizations.

5. Limited resources: The NGT has limited financial and human resources to carry out its mandate. This makes it difficult for the Tribunal to conduct inspections, conduct investigations, and monitor compliance with environmental laws.

6. Implementation of orders: The concerned authorities sometimes do not implement the NGT's orders and judgments. This undermines the effectiveness of the Tribunal and can lead to a lack of trust among affected communities.

7. Limited powers of enforcement: The NGT has limited powers of enforcement, which limits its ability to ensure compliance with environmental norms. For example, the Tribunal cannot issue arrest warrants or impose imprisonment for non-compliance.

Application Process in NGT

The application process for filing a case in the National Green Tribunal (NGT) can be done in the following steps:

1. Identify the cause of action: The first step is to identify the cause of action, which means identifying the environmental issue or dispute that needs to be addressed. The NGT deals with cases related to environmental protection, conservation of natural resources, and sustainable development.

2. Identify the jurisdiction: The NGT has regional benches across the country, and the location of the environmental issue or dispute determines the jurisdiction of each bench. The applicant should identify the appropriate bench based on the location of the cause of action.

3. Prepare the application: The applicant needs to prepare the application in the prescribed format available on the NGT website. The application should include the applicant's details, the cause of action, the relief sought, and any supporting documents or evidence.

4. Pay the fee: The applicant must pay a fee while filing the application, which varies depending on the type of application and the relief sought. The fee can be paid online or through a bank draft.

5. Apply: The application should be filed with the NGT registry at the appropriate regional bench. The application can be filed in person or by post, and a copy of the application should be served to the opposite party.

6. Attend the hearing: Once the application is filed, the NGT will issue a notice to the opposite party and fix a date for the hearing. The applicant should attend the hearing and present their case before the NGT.

The application process for filing a case in the National Green Tribunal involves identifying the cause of action, identifying the jurisdiction, preparing the application, paying the fee, filing the application, and attending the hearing. The NGT provides a specialized forum for resolving environmental disputes and promoting sustainable development in India.