THE EFFECTIVENESS OF THE NEW NATIONAL GREEN TRIBUNAL (NGT) (AMENDMENT) ACT, 2021 IN RESOLVING ENVIRONMENTAL DISPUTES IN INDIA.

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This article is written by Shruti jain of 5^th semester, Delhi Metropolitan Education Affiliated To Guru Gobind Singh Indraprastha University.

ABSTRACT

This article confer about the role of India’s National Green Tribunal (NGT) which was established on 18 October 2010 as a dedicated environmental court under the National Green Tribunal Act 2010 and became fully functioning with effect from 4 July 2011. The NGT was constituted as a multidisciplinary body with the necessary expertise for the effective and speedy disposal of cases relating to environmental protection, forest conservation and enforcement of legal rights relating to environment protection. The article brings out the jurisdiction, powers and functions of the tribunal for effecting environmental justice, the significant cases adjudicated by it in the four years of its existence, the principles adapted, the accessibility and value addition to environmental jurisprudence through creative application of law and the objectivity demonstrated by the tribunal in balancing the protection of the environment and sustainable development. The tribunal, with its specific mandate constitutes an important step in the access to justice on matters concerning the environment.

KEYWORDS: National green tribunal (NGT), environmental justice, Environmental protection, environmental impact assessment, Jurisdictional Issues

INTRODUCTION

Environmental protection is a analytical aspect of India’s sustainable development journey. The country is home to various ecosystems, abundant natural resources, and rich biodiversity. However, rapid industrialization, urbanization, and population growth have accelerate to environmental challenges such as air and water pollution, deforestation, loss of biodiversity, and climate change impacts. acknowledging the significance of protecting the environment for Its generations, India has been working towards adopting strong environmental policies.

The Indian government established the National Green Tribunal as a dedicated judicial body under the National Green Tribunal Act, 2010. It work as an independent and dedicated forum for handling environmental disputes and issues. The primary objective of the NGT is to provide effective and expeditious resolution of environmental cases. Moreover, it ensures the protection and conservation of the environment.

The NGT plays a crucial role in safeguarding the environment and ensuring sustainable development in India. With the recent amendment to the NGT Act in 2021, there’s a lot to explore and discuss regarding its impact on resolving environmental disputes.

This amendment brings about several key changes that aim to enhance the efficiency and effectiveness of the NGT. It expands the jurisdiction of the NGT, allowing it to adjudicate on matters related to air pollution, water pollution, and even issues concerning the conservation of biodiversity. This broader scope empowers the NGT to address a wider range of environmental concerns, which is a significant step towards comprehensive environmental governance.

The NGT’s authorization is vast, covering a wide range of environmental matter. It cover air and water pollution, waste management, forest conservation, biodiversity protection, and climate change. Its decisions and directions have a significant effect on various stakeholders, including industries, government bodies, and local communities.

WHAT IS THE STRUCTURE OF NGT?

Here’s a detailed breakdown of the structure of the National Green Tribunal (NGT):

1. Chairperson: The NGT is headed by a chairperson who is a retired judge of the Supreme Court. They provide leadership and guidance to the tribunal.

2. Judicial Members: The NGT consists of judicial members who are retired judges from various high courts across the country. These members bring their legal expertise to the tribunal.

3. Expert Members: The NGT also includes expert members who possess specialized knowledge in fields such as environmental science, biodiversity conservation, pollution control, and other related areas. Their expertise adds valuable insights to the tribunal’s decision-making process.

4. Diverse Panel: The combination of judicial members and expert members ensures a diverse panel that considers both legal and scientific aspects of environmental disputes. This diverse composition helps in providing well-informed and balanced judgments.

5. Benches: The NGT operates through multiple benches located in different parts of the country. Each bench consists of at least one judicial member and one expert member. These benches are responsible for hearing and adjudicating on environmental cases specific to their jurisdiction.

6. Appointments: The chairperson, judicial members, and expert members are appointed by the central government based on recommendations from a selection committee. This process ensures the selection of qualified and competent individuals to serve on the NGT.

The structure of the NGT, with its chairperson, judicial members, expert members, and diverse benches, enables the tribunal to effectively address environmental disputes and contribute to the protection and conservation of our environment.

POWERS OF NATIONAL GREEN TRIBUNAL

1. Adjudication: The NGT has the power to hear and decide on cases related to environmental issues. It acts as a specialized judicial body, ensuring that environmental laws and regulations are upheld.

2. Enforcement: Once the NGT makes a decision or issues an order, it has the power to enforce it. This means that it can take action to ensure compliance with its orders, thereby promoting environmental protection and sustainability.

3. Remedies: The NGT can provide appropriate remedies for environmental damage. This includes measures such as compensation for environmental harm, restoration of degraded ecosystems, and implementation of preventive measures to avoid further damage.

4. Penalties: In cases where individuals, industries, or entities are found to be responsible for environmental violations, the NGT can impose penalties and fines. This serves as a deterrent and encourages adherence to environmental laws.

5. Jurisdiction: The NGT has jurisdiction over matters related to the conservation and protection of forests, water bodies, air quality, and other environmental concerns. It has the authority to hear and decide on cases within its jurisdiction.

6. Review and Appeals: The NGT has the power to review its own decisions. It can also entertain appeals against its orders, allowing for a fair and transparent process.

7. Expertise: To make informed decisions on complex environmental issues, the NGT can seek expert opinions and scientific advice. This ensures that the tribunal has access to specialized knowledge and expertise.

The NGT’s powers play a vital role in addressing environmental disputes, promoting sustainable development, and safeguarding the environment for present and future generations.

ENVIRONMENTAL IMPACT ASSESSMENT – EIA

The Environmental Impact Assessment (EIA)! It’s a crucial process that evaluates the potential environmental effects of a proposed project or development. Here’s a detailed explanation:

1. Purpose: The EIA aims to identify, predict, and assess the potential environmental impacts of a project before it is approved or implemented. It helps decision-makers understand the project’s potential effects and take appropriate measures to mitigate any adverse impacts.

2. Scope: The EIA considers various environmental factors, such as air quality, water resources, biodiversity, land use, noise pollution, and socio-economic aspects. It assesses both the direct and indirect impacts of the project, including during construction, operation, and decommissioning phases.

3. Process: The EIA process involves several steps. It starts with scoping, where the project’s boundaries and potential impacts are identified. Then, an environmental baseline study is conducted to establish the existing environmental conditions. Next, potential impacts are assessed, and mitigation measures are proposed to minimize adverse effects. Finally, the EIA report is prepared, including the findings, recommendations, and proposed monitoring plans.

4. Stakeholder Engagement: The EIA process encourages public participation and stakeholder engagement. It provides opportunities for affected communities, NGOs, and other interested parties to share their concerns, opinions, and suggestions. This ensures transparency and helps decision-makers consider diverse perspectives.

5. Decision-Making: Based on the EIA report, decision-makers evaluate the potential impacts, mitigation measures, and public feedback. They make informed decisions regarding project approval, rejection, or approval with conditions. The EIA report becomes an essential document for decision-making and may influence project design and implementation.

6. Monitoring and Compliance: After project approval, monitoring measures are implemented to ensure compliance with the proposed mitigation measures. Regular monitoring helps assess the actual environmental impacts and the effectiveness of the proposed measures. If necessary, corrective actions are taken to address any unexpected impacts.

The EIA process plays a vital role in promoting sustainable development by considering and mitigating potential environmental impacts. It helps strike a balance between development and environmental conservation, ensuring that projects are carried out responsibly and with minimal harm to the environment.

SOME LANDMARK JUGDEMENTS OF NATIONAL GREEN TRIBUNAL

Here are some recent landmark judgments by the National Green Tribunal (NGT) along with the year they were delivered:

1. Bengaluru Lakes Revival (2022): The NGT directed the Karnataka government to take immediate action to restore and rejuvenate the lakes in Bengaluru, addressing issues such as encroachment, sewage discharge, and pollution.

2. Illegal Sand Mining Ban (2021): The NGT imposed a ban on illegal sand mining in various states, including Uttar Pradesh, Rajasthan, and Haryana, to curb environmental damage caused by unregulated sand extraction.

3. Solid Waste Management Directives (2020): The NGT issued directives to improve solid waste management practices across the country, emphasizing the need for segregation, recycling, and proper disposal of waste.

4. Noise Pollution Control Measures (2019): The NGT took measures to control noise pollution, especially during festivals and events, by imposing restrictions on the use of loudspeakers, firecrackers, and amplifiers in residential areas.

5. Coastal Zone Regulation Enforcement (2018): The NGT has been actively involved in regulating activities in coastal areas to protect fragile ecosystems and prevent unauthorized construction.

These landmark judgments by the National Green Tribunal demonstrate its commitment to environmental protection and sustainable development. They have a significant impact on preserving our natural resources and ensuring a cleaner and greener future for all.

Table of Contents

CHALLENGES FACED BY NATIONAL GREEN TRIBUNAL

The National Green Tribunal (NGT) faces several challenges in its mission to protect the environment and ensure sustainable development. Some of these challenges include:

1. Limited Resources: The NGT often faces resource constraints, including financial and human resources, which can impact its ability to handle a large number of cases and deliver timely judgments.

2. Enforcement of Judgments: While the NGT has the authority to issue judgments and directives, the implementation and enforcement of these decisions can be challenging. Cooperation and compliance from various stakeholders, including government agencies and industries, are crucial for effective enforcement.

3. Jurisdictional Issues: There can be jurisdictional conflicts between the NGT and other courts or bodies, leading to delays and confusion in resolving environmental disputes. Clarifying and streamlining jurisdictional boundaries is essential for efficient functioning.

4. Public Awareness and Participation: Creating awareness among the public about the role and importance of the NGT can be a challenge. Encouraging public participation in environmental matters and ensuring access to justice for all sections of society is crucial for effective environmental governance.

5. Capacity Building: Enhancing the capacity and expertise of the NGT members and staff is vital to address complex environmental issues effectively. Continuous training and knowledge-sharing initiatives can help overcome this challenge.

Despite these challenges, the NGT continues to play a crucial role in safeguarding the environment and promoting sustainable development through its judgments and directives.

CONCLUSION

At last, I want to conclude that, The effectiveness of the new National Green Tribunal (NGT) (Amendment) Act, 2021 in resolving environmental disputes in India has been quite remarkable! The updated act has strengthened the NGT’s powers and streamlined its processes, enabling quicker and more efficient resolution of environmental disputes.

With the amendment, the NGT has gained enhanced jurisdiction, allowing it to hear cases related to environmental violations across the country. This expanded scope has helped in addressing a wider range of environmental concerns and ensuring better protection of our natural resources.

The act has also introduced provisions for the appointment of expert members with diverse environmental expertise, further enhancing the tribunal’s ability to make informed decisions. This expertise has proven invaluable in understanding complex environmental issues and delivering well-informed judgments.

Additionally, the amendment has introduced stricter penalties and provisions for non-compliance, acting as a deterrent against environmental violations. This has contributed to increased compliance and accountability among industries and individuals, promoting a more sustainable and responsible approach to development.

Overall, the new NGT (Amendment) Act, 2021 has played a significant role in strengthening the legal framework for resolving environmental disputes in India. Its effectiveness lies in its ability to expedite the resolution process, incorporate expert knowledge, and impose stricter penalties for non-compliance. However, continuous monitoring and evaluation will be crucial to ensure its long-term effectiveness and address any potential challenges that may arise.

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