LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Samir N (General Queries) (Business)     20 January 2022

National green tribunal act: what are the jurisdictional limitation of the tribunal?

It is not clear to me from the Act if the environmental violations (trees, forest issues are relevant to my question) are limited to those enacted in specific acts (such as the preservation of Forest Act) as listed in one of the schedules or can the tribunal come up with its own interpretations of what constitutes an environmental violation?  



 3 Replies

Aryan Raj   20 January 2022

In response to your query,

The National Green Tribunal, formed in 2010 in accordance with the National Green Tribunal Act, is a specialised judicial body with expertise dedicated entirely to the adjudication of environmental matters in the country. The Tribunal's mission is to provide effective and timely relief in situations involving environmental preservation, forest and other natural resource conservation, and the enforcement of any environmental legal claim. The Tribunal's decisions are final, and it has the authority to provide remedy in the form of compensation and damages to those who have been harmed.

And the Tribunal has the power to provide relief through the statutes mentioned in Schedule I of the National Green Tribunal Act, 2010.

The statutes in Schedule I-

  1. The Water (Prevention and Control of Pollution) Act, 1974.
  2. The Water (Prevention and Control of Pollution) Cess Act, 1977.
  3. The Forest (Conservation) Act, 1980.
  4. The Air (Prevention and Control of Pollution) Act, 1981.
  5. The Environment (Protection) Act, 1986.
  6. The Public Liability Insurance Act, 1991.
  7. The Biological Diversity Act, 2002.

All civil matters involving a substantial question relating to the environment and the question fall under the jurisdiction of the Tribunal. Any person who is dissatisfied by an order or direction issued by any of the Appellate Authorities under the laws stated above can also appeal it to the National Green Tribunal.

Therefore you must understand by now that any matter which involves environmental preservation, forest and other natural resource conservation, and the enforcement of any environmental legal claim can be interpreted by the Tribunal as matter for National Green Tribunal to decide and not just the ones mentioned in Schedules.

Regards, 

Aryan Raj 

P. Venu (Advocate)     20 January 2022

What are the facts? What is the issue?

Samir N (General Queries) (Business)     20 January 2022

Mr. Aryan, thank you. What about this statement from the Act, it says otherwise:

"The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I."

The key word "and" connotes that the jurisdiction is limited to Schedule I


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query