NGT (National Green Tribunal): Function, Composition, and File Complain or Compensation

Updated on May 14, 2022 01:12:05 PM

National Green Tribunal resolves all the matters related to environmental preservation and conservation. In cases where environmental factors and pollution cause death or injury, one can seek NGT for its compensation. Every matter that anyhow involves the environmental aspect comes under the jurisdiction of NGT. Complaint against any of the action that results in harm to the environment can be filed to NGT.

If you are someone who wants to file an application for compensation or a complaint with NGT against injury, death, or any environmental damage, then you are at the right place. We will explain how, where and when to approach NGT and the fundamentals of the National Green Tribunal in India.

National Green Tribunal (NGT) is a special tribunal set up for effective and expeditious disposal of cases related to environmental protection and conservation. It is a statutory body established on 18 October 2010 to deal with environment-related matters, thus releasing the burden from the higher courts. This Tribunal was set up under National Green Tribunal Act 2010. NGT or National Green Tribunal follows the principle of polluter pays and sustainable development. It doesn’t follow the procedure laid under CPC, which ultimately reduces the time in judgment and provides speedy disposal of cases.

Any person seeking relief and compensation for environmental damage involving subjects in the legislations mentioned in Schedule I of the National Green Tribunal Act, 2010, may approach the Tribunal.

Purpose

There was always the need for a special body to give judgement in environment-related matters. The Supreme Court itself has mentioned the same in many of its judgements. Considering many environment-related pending cases, the Supreme Court mentioned the need for a specific body with subject matter experts for better and faster decisions. To address this, the National Green Tribunal was set up in 2010 to provide speedy and effective decisions related to environmental issues.

Functions

1. To ensure the enactment of all the environment-related laws.
2. To ensure the safety and conservation of forest and forest animals.
3. To prevent the harm caused to the environment due to government or private actions.
4. To ensure proper implementation of environmental-related laws as listed in Schedule I of the National Green Tribunal Act.
5. To provide compensation to those who are victims of environmental degradation and who have suffered damages as a result of it.
6. To work towards spreading awareness about various environment-related laws and the issues prevalent in society.

Composition

National Green Tribunal comprises three major bodies:

1. Chairperson: The Chairperson of the National Green Tribunal (NGT) is appointed by the Central Government of India by the Chief Justice of India. For a person to be qualified to become the chairperson of NGT,
1. He should either be a present/retired judge of the Supreme Court or
2. He should be Chief Justice of a High Court, in consultation with the Chief Justice of India.
2. Judicial Members: A Selection Committee is formed by the central government of India for the appointment of Judicial Members. For a person to become a judicial member,
1. He should be a present/retired judge of a high court.
3. Expert Members: Just like the judicial members, expert members are also appointed by a selection committee formed by the central government. To be appointed as the expert member of NGT,
1. He/she should either have a PhD. In science with environmental experience,
2. He/she should possess Masters in Engineering and technology.
3. The expert members should also have fifteen years of experience in the relevant field, including a practical experience of 5 years.

Note: The Tenure for chairperson, judicial member, and expert member is five years. No re-appointment can be made for these posts.

Jurisdiction