NATIONAL GREEN TRIBUNAL – ENVIRONMENT
News:
Brahmapuram fire: NGT’s Principal Bench imposes ₹100 crore penalty on Kochi
Corporation
What's in the news?
● The
Principal Bench of the National Green Tribunal imposed an environmental compensation of ₹100 crore on Kochi Corporation for
its continuing neglect of duties, resulting in the crisis at its dump site in
Brahmapuram following the major fire.
Key takeaways:
● The
Bench led by chairperson Adarsh Kumar Goel issued an order directing the civic
body to deposit the money with the Chief Secretary within a month for necessary
remediation measures and to address the health issues faced by people who had inhaled
the toxic fumes from the dump site.
NGT (National Green Tribunal):
● It
is 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.
● NGT
is mandated to make disposal of applications or appeals finally within 6 months of the filing of the
same.
Structure of NGT:
● The
Tribunal comprises the Chairperson, the Judicial Members, and Expert Members.
● They
shall hold office for a term of 5 years
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 a maximum of 20 full-time Judicial members and Expert
Members in the tribunal.
Powers & Jurisdiction of NGT:
● The
Tribunal has jurisdiction over all civil cases involving substantial questions
relating to the environment (including enforcement of any legal right relating
to the environment).
● National
Green Tribunal also has appellate jurisdiction to hear appeals as a Court (Tribunal).
● 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.
● While
passing any order/decision/ award, it shall apply the principles of sustainable
development, the precautionary principle, and the polluter pays principle.
● NGT by order can provide:
○ relief
and compensation to the victims of pollution and other environmental damage
(including accidents occurring while handling any hazardous substance),
○ for
restitution of property damaged, and
○ for
restitution of the environment for such area or areas, as the Tribunal may
think fit.
NGT deals following laws:
● 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
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.