NGT - POLITY

News: Situation far from satisfactory: NGT on Delhi govt report on Yamuna restoration

 

What's in the news?

       The situation continues to be far from satisfactory as far as water quality is concerned,” the National Green Tribunal (NGT) observed in an order on the rejuvenation of the Yamuna River in Delhi.

 

Key takeaways:

       The tribunal referred to a status report on the rejuvenation of the river submitted by the Delhi government to note that the dissolved oxygen level “is nil at most locations”.

       It also reported that fecal coliform is very high and parameters of pH, COD (chemical oxygen demand) and BOD (biochemical oxygen demand) are also exceeding except at Palla and Wazirabad upstream.

 

National Green Tribunal:

       It is a statutory and a specialized 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.

 

Benches:

       New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of sitting of the Tribunal.

 

Case deadline:

       NGT is mandated to make disposal of applications or appeals finally within 6 months of the filing of the same.

 

Composition:

       The Tribunal comprises 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 the Chief Justice of India (CJI).

       A Selection Committee shall be formed by the central government to appoint the Judicial Members and Expert Members.

       There are to be at least 10 and maximum 20 full time Judicial members and Expert Members in the tribunal.

 

Powers and jurisdiction:

       Established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.

       It has appellate jurisdiction to hear appeals as a Court.

       The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

 

Other Provisions:

The NGT Act also provides a procedure for a penalty for non-compliance:

       Imprisonment for a term which may extend to three years

       Fine which may extend to ten crore rupees, and

       Both fine and imprisonment.

 

Appeal Mechanism:

       An appeal against order/decision/ award of the NGT lies to the High Court and the Supreme Court, generally within ninety days from the date of the communication.

 

Jurisdiction of NGT:

       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

       The Biological Diversity Act, 2002.

 

Exceptions:

       Wildlife Protection Act, 1972

Forest Rights Act, 2006