Lok Sabha Passes National Green Tribunal Bill The Lok Sabha on Friday (30 th April, 2010) passed the National Green Tribunal Bill (NGT), 2009. The Bill envisages the establishment of a tribunal known as National Green Tribunal (NGT) for environmental clearance of development projects and providing relief and compensation to people affected by natural calamities. With this effort, India would join Australia and New Zealand, which have such specialised environment tribunals. Under the legislation, the Central Pollution Control Board will approach NGT on behalf of affected persons for grant of relief or compensation or settlement of disputes. The NGT is meant to ensure expeditious disposal of cases on environmental protection, conservation of forests and other natural resources, thereby strengthening environmental adjudication and settlement of disputes. There are at present 5,600 environment related cases pending in the courts. The main Bench of the tribunal will be set up in Bhopal. The Tribunal would have four circuit Benches. The NGT would deal with all environmental laws on air and water pollution, the Environment Protection Act, the Forest Conservation Act and the Biodiversity Act. The setting up of a National Green Tribunal had been suggested by the Supreme Court and the Law Commission. The Cabinet had cleared the bill in December 2009 after the standing committee examined it and submitted its recommendations in November 2009. Based on the recommendations of the parliamentary standing committee, the government made seven amendments to the proposed legislation. The amendments broadened the definition of “persons aggrieved” to allow for individuals to approach the green tribunal. It also outlined the “foundational principles” of precautionary principles, polluter pays principle and principle of equity that would govern the tribunal. In keeping with the recommendation of the parliamentary standing committee, the Act will come into force in its entirety upon notification. The original bill had given the Centre the discretionary right for different dates on which different sections would come into effect. In keeping with the standing committee recommendations, the decisions of the tribunal can be appealed against in the Supreme Court. The bill balances the number of judicial and expert members, 10 each, with the authority to break a deadlock vesting with the chairperson of the tribunal.
Posted on: Thu, 06 Jun 2013 02:55:12 +0000