NGT (National Green Tribunal)








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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)



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

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Northern Delhi (Principal) Uttar Pradesh, Uttarakhand, Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, National Capital Territory of Delhi, and Union Territory of Chandigarh.
Western Pune Maharashtra, Gujarat, Goa with Union Territories of Daman and Diu and Dadra and Nagar Haveli.
Central Bhopal Madhya Pradesh, Rajasthan, and Chattisgarh
Southern Chennai Kerala, Tamil Nadu, Andhra Pradesh, Karnataka, Union Territories of Pondicherry, and Lakshadweep.
Eastern Kolkata West Bengal, Orissa, Bihar, Jharkhand, seven sister States of the North-Eastern region, Sikkim, Andaman, and the Nicobar Islands.

National Green Tribunal Act, 2010



National Green Tribunal Act, 2010 states the powers and jurisdiction of the Tribunal. It states the composition of the NGT as well.

  1. According to the National Green Tribunal Act, 2010, the Tribunal shall consist of
    1. A full-time chairperson
    2. Not less than ten but subject to a maximum of twenty full-time Judicial members
    3. Not less than ten but subject to a maximum of twenty full-time Expert members
  2. The Act also defines the jurisdiction of NGT, i.e. over all civil cases where a substantial question relating to the environment is involved, and such questions arise out of implementation of the enactment specified in Schedule I.
  3. This Act also says that the Tribunal is not bound by the procedure laid by CPC (Code of Civil Procedure), 1908 but shall be guided by the principles of natural justice.

Documents required for filing case with NGT



  1. In case you are filing the application for compensation or relief to the NGT, then you must possess the following details with you:
    1. Details of the injured person
    2. Detail of Police Station (nearby to the place of the incident)
    3. Detail of the applicant or beneficiary.
    4. Grounds for application.
  2. In case you are filing for complaint with the NGT.
    1. Address of the applicant
    2. Facts in Brief
    3. Grounds for application

Fee for filing Complaint or Compensation with NGT



In cases where no compensation is demanded, the fee for such cases is Rs. 1000 (excluding attorney fee). And those cases where compensation is involved, the Tribunal charges 1% of the compensation claim.

Form Type Form I Form II
Government Fee Rs. 1000/- 1% of Compensation Amount

How to file a case in NGT?



The process of filing a complaint with NGT is quite simple and easy. There is a total of two types of applications filed to NGT (National Green Tribunal):

  1. Form I: One is where only a complaint against someone is registered without any compensation claim.
  2. Form II: The other one is where compensation is demanded from the person.

Whatsoever be the case, the procedure for filing a complaint with NGT remains the same.

  1. Details and Documentation related to the application: Firstly, the documents related to your application are required.
  2. Application to NGT: Now that you have all the details and Documentation with you, the next step becomes the application filing. The sample of both the forms (Form I and II) has been displayed above on the page. The same you have to fill as per your case.
  3. Payment of Fees: The fee for the application needs to be paid as per the case. You can check the fees for filing complaints to NGT.
  4. Proceedings and Judgement by the Tribunal: The Court proceedings start after the payment of a fee. Both the parties get a chance to present their arguments along with the supporting documents. The Tribunal then releases its final decision. And further compensation or penalties are decided accordingly.

How to Register Complaint in NGT with Litem?



With Litem, you can get advocates who are well experienced to deal with tribunal matters. The years of experience and expertise can very well guide you with your case. The process to get in touch with an advocate is quite simple with us:

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