The National Green Tribunal (NGT) is likely familiar to many of you, and it has been noted that people are becoming more and more aware of the Green Laws and their rights. This concise introduction outlines the best times, places, and ways to contact the NGT.
What is Green Bench?
As a result of the Central Government’s passage of the National Green Tribunal Act 2010, the NGT was founded on October 18, 2010. The Central Government’s stated goal was to establish a specialised forum for the effective and prompt resolution of cases involving environmental protection, forest preservation, and obtaining compensation for losses suffered by individuals or property due to violations of environmental laws or conditions imposed while granting permissions.
In cases involving environmental protection, the preservation of forests and other natural resources, and the enforcement of any environmental legal rights, the Tribunal is tasked with offering an efficient and effective remedy. The Tribunal has the authority to provide injured parties with relief by paying them compensation and damages, and its decisions are final.
Who can bring matters before the Tribunal, and what kinds of complaints are heard there?
When an accident or the negative effects of an activity, operation, or procedure have resulted in the death of, injury to, or damage to any individual (other than a workman), property, or environment,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. These include the following:
- “The Water (Prevention and Control of Pollution) Act, 1974”;
- “The Water (Prevention and Control of Pollution) 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”.
As a result, any Factory or industrial plant had exclusively effect these laws or any orders or decisions made by the government as a result of these laws may be contested before the NGT. It’s important to note that the NGT is not authorised to hear cases involving the Wildlife (Protection) Act of 1972, the Indian Forest Act of 1927, or any State legislation about forests, tree preservation, etc.
The Hazardous Waste Management Regulations
Some laws deal with hazardous waste management, either directly or indirectly. Hazardous waste is defined as any waste that poses a risk to the environment or human health due to its physical, chemical, poisonous, reactive, combustible, corrosive, or explosive properties. Legislation governing hazardous waste:
- “Factories Act, 1948”
- “Public Liability Insurance Act, 1991”
- “National Environment Tribunal Act, 1995”
- A fewrules that deal with hazardous waste management are:
- “E-waste (management and handling) Rules, 2011”
- “Batteries (management and handling) Rules, 2001”
- “Hazardous wastes (management, handling and transboundary) Rules, 2008”
IMPORTANT DOCUMENT REQUIRED BY THE COMPLAINANT.
The documentation required for filing a complaint about a factory to the National Green Tribunal (NGT).
• ENVIRONMENT IMPACT ASSESSMENT REPORT (EIA):
EIA assesses a project’s environmental effects while taking socioeconomic, cultural, and human health considerations into account. This report is a study of possible environmental effects, including effects on biodiversity, land usage, noise pollution, air quality, and water quality.The Environment Protection Act of 1986, which includes several regulations on the procedure for environmental impact assessments and methodology, regulates EIA. The report is important when filing a complaint against the factory because it highlights the violation of the Environmental Norms.
• ENVIRONMENTAL CLEARANCE CERTIFICATES:
After evaluating a project’s possible environmental effect, regulatory agencies will provide it with an Environmental Clearance Certificate (ECC), such as one to a factory.It makes certain that suggested actions follow all applicable environmental rules and regulations. Operating a plant without getting the necessary ECC or breaking its rules may result in legal consequences and environmental harm. For instance, a factory would be in breach of the ECC if it released pollutants to water bodies without no first treating them, endangering aquatic ecosystems and the surrounding populations that depend on these resources.
• COASTAL REGULATION ZONE NOTIFICATION:
Coastal Regulation Zones (CRZ) are used to defend the interests and way of life of coastal communities as well as to maintain and conserve coastal ecosystems. A complaint can be filed to enforce the CRZ in ecologically fragile coastal areas and to protect marine life.
• PHOTOGRAPH AND VIDEO:
The significance of visual proof, such as pictures and videos, is to back up the claim and show the violations done by the Factory.
• AFFIDAVIT:
The importance of including an affidavit alongside the complaint, which serves as a written declaration confirming the veracity of the allegations.
• DOCUMENTS TO ESTABLISH locus standi:
By presenting papers like lease agreements, title records, or proof of occupancy in the impacted region, you may discuss the necessity to prove locus standi or a personal or adequate stake in the issue.
• EXPERT’S OPINION AND TESTIMONIALS:
Describe the importance of expert opinions as well as testimonies from people impacted by the factory’s operations since they contribute to the proof and legitimacy of the complaint.
Above above-discussed documents are necessary to file a complaint against any Factory violating Environmental Law and putting the ecosystem at risk by releasing hazardous waste into the environment.
How to file a complaint in the Nation Green Tribunal
The complaints can be filed offline and online, In an offline mode of application, the tribunal entertains letter Writ petitions.
The NGT provides a straightforward process for submitting a request for compensation. When submitting a case with the NGT, a charge of Rs 1000 has to be paid for applications that do not involve compensation; however, a price of 1% of the amount sought or Rs 1000 has to be paid for applications that do.
The National Green Tribunal has enabled the e-filing of complaints. The complainant does not need to go to the regional benches to make a complaint in this way.
Now that complaints may be submitted electronically to the National Green Tribunal, regional benches are unnecessary.
Visit the Tribunal’s website and register as a user to submit a complaint. Select a designation, fill out the required fields, and enter the application corner. Accept the rules and regulations. Enter the petition’s information in the store by clicking on it, then select “Save and Next.” Select the kind of petitioner, and the respondent, and give the contact information for the petitioner’s representative. Select whether to submit the application offline or online, add any supporting documents, publish, and view a preview. Select your mode of payment, then click “Save and continue.”.
The filing of petitions online allows applicants to track the proceeding; users have quick access to the cases and can learn the status of the case through this site. This also makes it easier for them to file responses when the court requests them.
LIMITATIONS.
According to Section 14(3) under the NGT Act, the NGT generally does not consider petitions filed according to the Act after six months have passed since the occurrence of the cause of action. However, in certain exceptional cases, the period may be extended if the Tribunal determines it to be appropriate given the specifics and conditions of the relevant case.
Penalty imposed by the Tribunal.
The Act stipulates various/different punishments in Sections 26 to 28 of Chapter IV. According to section 26 in the Act, which is a tribunal can impose fines between 10 crore rupees to Rs. 25 crores as well as a sentence of up to three months in jail .
The NGT’s autonomy has to be increased, and its purview needs to be expanded, to effectively safeguard the environment while balancing human developmental endeavours.
CONCLUSION
Affected parties and environmental activists can successfully use the NGT to resolve factory breaches of environmental regulations and support sustainable development by comprehending the necessary documentation and according to the established processes.
Essentially, bringing complaints to the NGT is a crucial step in preserving environmental integrity, advancing sustainable development, and ensuring a healthier and more peaceful cohabitation between human industry and nature.
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