ROLE OF NATIONAL GREEN TRIBUNAL ON ENVIRONMENTAL GOVERNANCE IN INDIA BY - SHIVA KUMAR KONNE
AUTHORED BY
- SHIVA KUMAR KONNE
Research
Scholar, University College Of Law,
Osmania University, Hyderabad,
ABSTRACT
Environmental
protection refers to policies and procedures aimed at conserving the natural
resources, preserving the current state of natural environment and where
possible, reversing its degradation. The question of Environmental protection
is a global issue and it is not an isolated problem of any area or nation. Currently human society is
experiencing unknown abnormalities in the nature and its functioning in
governing the global sustenance. The
post 2010 period has witnessed the worst hit natural calamities which results
in the death and disablement of millions of people and loss of billions worth
of properties throughout the world.
Even the global warming is in an increasing trend. In India, we face a
crisis in agriculture because of resources like land; energy and water are
becoming scarce. The heavy use of chemical fertilizers and toxic pesticides has
ravaged our soil and contaminated our food chain and water supply. The prolonged and unprotected handling of
toxic chemicals is also exposing out farmers to multiple health problems. There is a need for paying global attention
for bringing back, the adversely affected environment to its natural existence
at any cost. It is to be noted that after the establishment of National Green
Tribunal, it has settled number of environmental issues, and has got overwhelm
response from different corners. As it has been noted, “Almost all nations,
including developing ones, have basic environmental protection laws in place,
but an enormous gap exists between the letter of the law and what is actually
happening on the ground. Therefore, in this paper, an attempt has been made to
highlight different pronouncements of the Green Tribunal in protecting the
natural environment.
Key Words: Environment,
Protection, Pollution, Remedies, Legislations, Tribunal, Benches.
“Earth
provides enough to satisfy every man's needs, but not every man's greed”
----Mahatma Gandhi.
INTRODUCTION:
India
being a signatory State in the United Nations Conference on Human Environment
held at Stockholm in June, 1972, United Nations Conference on Environment and
Development held at Rio de Janeiro in June, 1992 and Judicial Pronouncements in
India also, the right to healthy environment has been construed as a part of
the right to life under Article 21[1]
of the Constitution, it is considered expedient to implement the decisions
taken at the aforesaid Conferences and to have a National Green Tribunal in
view of multi-disciplinary issues relating to the environment. National Green Tribunals are established
under the National Tribunal Act, 2010.
Due
to complex nature of environmental litigations, The Supreme Court of India in
its landmark judgements has called the need for “Green courts” many times for
the expeditious disposal of environment related cases. The Supreme Court has
elevated the ‘right to healthy environment’ to the status of a fundamental
right under Article 21 of the Constitution in the process of progressive
enrichment of the environmental jurisprudence with principles like sustainable
development, polluter pays, public trust doctrine, precautionary principle and
intergenerational equity for the first time in Subhash Kr. vs. State of Bihar.[2]
The Supreme Court held that right to life is a fundamental right under Article
21 of the Constitution and include the right to enjoyment of pollution free
water and air for full enjoyment of life. If anything endangers or impairs that
quality of life in derogation of laws a citizen has recourse to Art.32 of the
Constitution for removing the pollution of water or air which may be
detrimental to life. A call has been made for the constitution of green
Tribunal by the Supreme Court for the immediate relief to the victims of
industrial disasters. In Charanlalsahu
vs. Union of India [1990 AIR SC 1480] and in M. C. Mehta vs. Union of India
(the Oleum Gas Leak case),[3]
the Supreme Court established the concept of absolute liability – “stricter
than strict liability” – for disasters aroused from the storage of or usage of
hazardous materials from their factories. Further in Vellore Citizens Welfare Forum vs. Union of India,[4]
the Supreme Court employed the “precautionary
principle” and “polluter pay
principle” as a part of the law of the country. Although Industries are
vital for the country’s development, but having regard to pollution caused by
them, principle of ‘Sustainable Development’ has to be adopted as the balancing
concept. In Indian Council of
Enviro-Legal Action vs. Union of India 1996 [AIR SC 1446],(the Bichhri
pollution case)[5],
followed the decision in the Oleum Gas leak case and based on the polluter pays
principle, the polluting industries were directed to pay compensation for the
harm caused by them to the villagers in the affected areas, especially to the
soil and to the underground water. Articulating the doctrine of ‘Public Trust’
in M. C. Mehta vs. Kamal Nath ,[6]
the Supreme Court held that “Resources such as air, sea, waters and the forests
have such a great importance to the people as a whole that by leasing
ecologically fragile land to the Motel management, the State Government had
committed a serious breach of public trust”. In the case of A.P.Pollution Control Board Vs.
M.V.Nayudu-II, the Supreme Court requested the Law Commission of India to
consider the need for constitution of specialized environmental courts.
OBJECT OF THE NATIONAL GREEN TRIBUNAL
ACT, 2010:
The
main object of the Act is to provide for the establishment of a National Green
Tribunal for the effective and expeditions disposal of cases relating to
environmental protection and for conservation of forests and other natural
resources including enforcement of any relief and compensation for damages to
persons and property.
This
Act totally contains 38 Sections and these Sections are inserted in five
Chapters, they are viz.- Chapter I deals – preliminary, Chapter-II deals the
establishment of the National Green Tribunal Chapter-III states the
jurisdiction, powers and proceedings of the Tribunal Chapter IV contain Penalty
provisions, Chapter-V consist of Miscellaneous Provisions. This Act contains
totally III Schedules. First Schedule contains the List of Acts. The
substantial questions of the Acts mentioned in that List, which are only covers
under the jurisdiction of Green Tribunal.
The
Acts mentioned in the First Schedule are as follows-
(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 and
(7)
The Biological Diversity Act, 2002.
The
Central Government may by notification amend the schedule - I. Second Schedule
gives the different heads under which compensation or relief for damages may be
claimed. The Third Schedule states that the Amendment to certain enactments as
per Section 36.[7]
This Schedule contains six Parts. First Part deals the Amendment to the Water
(Prevention and Control of Pollution) Act, 1974. Second Part deals to the
Amendments to the Water (Prevention and Control of Pollution) Cess Act, 1977,
the Third Part deals to Amendment to the Forest (Conservation) Act, 1980, Forth
Part deals to the Amendment to the Air (Prevention and Control of Pollution)
Act, 1981, The Fifth Part deals to Amendment to the Environment (Protection)
Act, 1986 and the Last Part i.e. six Part deals to Amendment to Biological
Diversity Act, 2002.
ESTABLISHMENT OF THE
NATIONAL GREEN TRIBUNAL:
There
are too many cases relating to environmental governance which led to the
formation of National Environment Tribunal Act, 1995 and National Environment
Appellate Act, 1997 by the Indian Parliament but unfortunately both proved to
be non-runner. The wide elucidations of Article 21 by the Supreme Court had
become the warp and woof for environmental jurisprudence which not only
protected the livelihoods based on environment but also added a large number of
laws relating to environment and led to the foundation of National Green
Tribunal 2010.
The
National Green Tribunal has been established on 18.10.2010 under the National
Green Tribunal Act 2010[8]
for effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources including
enforcement of any legal right relating to environment and giving relief and
compensation for damages to persons and property and for matters connected
therewith or incidental thereto. It is a specialized body equipped with the
necessary expertise to handle environmental disputes involving
multi-disciplinary issues. The Principal Bench of the NGT has been established
at Delhi, the regional Benches in Pune (Western Zone Bench), Bhopal (Central
Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench
has specified geographical jurisdiction covering several States in a region.
There is also a mechanism for circuit benches. For example, the Southern Zone
Bench, which is based in Chennai, can decide to have sittings in other places
like Bangalore or Hyderabad.[9]
The
Tribunal's dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher
courts. The Tribunal is mandated to make and endeavour for disposal of
applications or appeals finally within 6 months of filing of the same.
Initially, the NGT is proposed to be set up at five places of sittings
and will follow circuit procedure for making itself more accessible. New
Delhi is the Principal Place of Sitting of the Tribunal and Bhopal,
Pune, Kolkata and Chennai shall be the other four
place of sitting of the Tribunal.[10]
The
Central Government shall by Notification in the Official Gazette establish with
effect from such date as may be specified there in establish a Tribunal, it may
be known as the National Green Tribunal. The Tribunal consists of a Chairperson
and members not less than10 and not more than 20 in respect of Judicial Members
and not less than 10 but not more than 20 members of Expert Members, all
members should be full time members. The Chairperson of the Tribunal may, if
considered necessary, invite any one or more persons having specialized
knowledge and experience in a particular case before the Tribunal to assist the
Tribunal in that case. A person shall
not be qualified for appointment as a chairperson or judicial members of the
Tribunal unless he is, or has been a Judge of the Supreme Court of India or
Chief Justice of High Court. Provided that a person who is or has been a judge
of the High Court shall not be qualified to be appointed as a Judicial Member.
A
person shall not be qualified for appointment as an expert member , unless he
(a) has a degree in master of science ( in physical science or life science )
with a Doctorate degree or master of engineering or master of technology and
has an experience of fifteen years in the relevant field including five years
practical experience in the field of environmental and forests (including
pollution control , hazardous substance management , environment impact
assessment, climate change management , biological diversity management and
forest conservation) in a reputed national level institutions, or, (b) Has
administrative experience of 15 years including experience of 5 years in
dealing with environmental matters in the Central or a State Government or in a
reputed National or State level intuitions. Chairperson and all other members
(judicial and experts) of the Tribunal shall be appointed by the Central
Government. The Chairperson shall be appointed by the Central Government in
consultation with the Chief Justice of India. The Judicial and Experts Members
of the Tribunal shall be appointed by the recommendation of such selection
committee and in such manner as may be prescribed. The Chairperson, Judicial
Members and Expert Members of the Tribunal shall hold office as such for a term
of five years from the date on which they enter upon their office, but shall
not be eligible for re appointment.
JURISDICTION, POWERS
& PROCEEDINGS OF THE NATIONAL GREEN TRIBUNAL:
Chapter
III of the Act deals the jurisdiction, powers and proceedings of the Tribunal.
The Tribunal shall 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 application for
adjudication of dispute should be filed within six months from the date on
which the cause of action for such dispute first arise. However, the petition
may be allowed after the expire of six months, if the applicant shows
sufficient cause for not failing the application, but that application shall
not be condone the delay of exceeding sixty days.
For
every application/appeal where no claim for compensation is involved, a fee of
Rs. 1000/- is to be paid. In case where compensation is being claimed, the fee
will be one percent of the amount of compensation subject to a minimum of
Rs.1000/-. A claim for compensation can be made for- (a) Relief/compensation to
the victims of pollution and other environmental damages including accidents
involving hazardous substances; (b) Restitution of property damaged; (c)
Restitution of the environment for such areas as determined by the NGT.[11]
RELIEFS:
The
Tribunal may by an order provide (a) relief and compensation to the victims of
pollution, (b) for restitution of property damaged, (c) for restitution of the
environment for such area or areas as the Tribunal may think fit. The relief
and compensation and restitution of property and environment shall be in
addition to the relief paid or payable under the Public Liability Insurance
Act, 1991.
The
Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure but shall be guided by the principles of natural justice. The
Tribunal shall also not be bound by the rules of evidence contained in the
Evidence Act, 1872[12]
the Tribunal shall have the same power as are vested in a Civil Court. The
Tribunal shall, while passing any order or decision or award, apply the
principles of sustainable development, the precautions principle and the
polluter pays principle. The decision of the Tribunal by majority of members
shall be binding. Any person aggrieved by any award, decision or order of the
tribunal, may file an appeal to the Supreme Court within ninety days from the
date of communication of the award.
Where
any amount by way of compensation is ordered to be paid under any award made by
the Tribunal on the ground of any damages to environment the amount shall be
remitted to the authority specified u/sub sec (3) of sec 7 as of the Public
Liability Insurance Act, 1991 for being credited to the Environment Relief Fund
established under that section. An award or order or decision of the tribunal
under this Act shall be executable by the Tribunal as a decree of Civil Court,
and for this purpose the Tribunal shall have all the powers of a Civil Court.
PENALTIES:
Every
offence under this Act shall be deemed to be non-cognizable. Whoever fails to
comply with any order or award or decision of the Tribunal under this Act, he
shall be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to ten crores ( in case of company the
fine may extend to twenty five crore rupees) or with both and in case the
failure or contravention continues with additional fine which may extend to
twenty five thousand ( in case of company 1 lakh) rupees for every day during
which such failure or contravention continues after conviction for the first
such failure or contravention.
HIGH COURT V. NATIONAL GREEN TRIBUNAL:
Before National Green Tribunal, High
Courts in different states used to take up important environmental cases,
including suomotu ones through ‘Green
Benches’.[13]
While some, in Tamil Nadu, West Bengal and Karnataka, remain active, others are
slowly dying down, as environmental matters now go to National Green Tribunal.
According to environmentalist Subhash Dutta, the Green Bench is likely to
become non-functional in the near future.
However, conflicts are brewing
between National Green Tribunal and the high courts. As per the National Green
Tribunal Act, appeals from National Green Tribunal can only go to the Supreme
Court, thus by-passing the high courts. But the Madras High Court has disagreed
with this provision. It has stressed that the bar imposed on lower courts by
the Act, excluding them from deliberating on environmental cases, does not
extend to the high courts. This is because the jurisdiction of a high court
under Article 226/227 of the Indian Constitution is part of the Constitution’s
basic structure. In other words, the court stressed that environment appeals
from National Green Tribunal had to go to the high court first before going to
the apex court.
WORKING OF NGT
TOWARDS ENVIRONMENTAL GOVERNANCE:
The
National Green Tribunal was constituted to provide for effective and
expeditious disposal of the cases involving multidisciplinary issues relating
to environmental protection and to provide effective access to judicial and
administrative proceedings, including redress and remedy, and to develop
National Laws regarding liability and compensation for the victims of pollution
and other environmental damage. From the inception of NGT till 31st
January 2015, a total number of 7768 cases were filed before the NGT out of
which 5167 cases stood disposed off, thus, leaving a pendency of 2601 cases in
all the NGT benches. Some of the cases decided by the NGT are as under:
In N.Chellamuthu Vs. The District Collector,
the NGT set aside the environmental clearance granted to the Municipal Solid
Waste Proceedings Plant of Municipal Corporation of Chennai for providing false
information in the Environment Impact Assessment (EIA) Report. Similarly, in
the case of Hussain Saleh Mahmad Usman
Bhai Kara Vs. Gujarat State Level EIA Authority and Others,[14]
the NGT suspended environmental clearance to Scania Steel and Power Ltd. for
expansion of its sponge iron plant in Chhattisgarh in the absence of public
hearing.
In Ranjana Jetley Vs Union of India, the
original applications were filed in NGT against the proposed widening of
sectoral roads involving cutting of number of trees in front of National Media
Centre (NMC). The NGT allowed the widening of the road subject to following directions:
1.
Afforestation
Work: The project proponent must have a proper plan with time
frame and financial commitment to undertake afforestation work according to the
permission given by the Forest Department.
2.
Noise
Prevention: The project proponent should provide
adequate and effective acoustic barrier in front of NMC and other nearby human
settlement to avoid any noise pollution problems to the residents. Also, this
stretch of land in question be declared as “ No Honking Zone”
3.
Internalization
of Environmental Issues: In order to internalize environmental
issues at the planning stage of the projects, it will be desirable for DLF and
HUDA to have and Environmental Adviser who would report to the top Executive,
say Chairman or Managing Director so that environmental issues get addressed
quickly by way of policy interventions and financial commitments at the initial
stage of the projects.
In Sanjay Kumar Vs. Union of India, the
appellant approached for protection of the forest area and environment,
particularly, in relation to the central ridge of New Delhi, falling under the
jurisdiction of New Delhi Municipal Corporation (NDMC). The NGT directed the
Delhi Government to demolish all permanent and temporary illegal structures
built by Sant Shri Asa Ramju Bapu Trust in Karol Bagh within 4 weeks from the
date of passing of order. It also directed the trust to dismantle the sewage
pipe emanating from the ashram and to plant 1000 trees in the area. It was
further directed that in case of default the cost of demolition would be
recovered from the trust.
In the
case of Krishnan Kant Singh Vs. National
Ganga River Basin Authority Ors[15],
the matter related to pollution in the River Ganga due to discharge of highly
toxic and harmful effluents. The contamination from discharge of trade
effluents was so high that it not only polluted the Syna Escape Canal and the
River Ganga but also threatened the life of endangered aquatic species such as
dolphins, turtles and other aquatic life. It has also polluted the groundwater
of villages. The NGT after concerning the facts the case applied the Polluter
Pay Principle and directed to pay a sum of Rs. 25 Lacs within one month for not
strictly complying with the conditions of the consent order. This amount of Rs.
25 lacs was to be paid to UPPCB and was to be spent for the restoration in the
environment, for taking general remedial measures, for preventing pollution and
for restoring the damage already done to the Syana Escape Canal and ground
water or other water bodies.
In Manoj Mishra Vs. Delhi Development
Authority and Ors. And Promod kumar Tyagi Vs. Art of Liviing International
Center & Others And Anand Arya
Vs. Delhi Development Authoity And Ojasvi Party Vs. Ministry of Environment &
Forest & Ors, in this case the
NGT pass an order to pay costs of Rs. 1 lakh on DPCC on the ground that DPCC
has failed to discharge its statutory obligation despite the fact that the
Foundation of AoL (Art of Living) had submitted an application for obtaining
its consent. For the damage caused to the environment, ecology, biodiversity an
aquatic life of the river, the Foundation should be held liable for its
restoration in respects. In that regard and in exercise of powers of NGT under
sections 15 and 17 of NGT Act, 2010 the NGT impose and Environmental
Compensation, initially of Rs. 5 crores to Foundation. This amount would paid
by the Foundation prior to the commencement of the event of World Culture
Festival held on March 11th to 13th, 2016. The said
amount shall be deposited with DDA and shall be maintained in a separate
account.
In
2016, the menace of human waste being splattered on houses from airplanes while
landing, also led the tribunal to slap a fine of 50,000 rupees on aircraft
which empty toilet tanks in air. The order imposing 100 crore rupees damage on
a Panama-based shipping firm and two of its Qatar-based sister concerns for
causing an oil spill in South Mumbai coast on August 4, 2011, was noteworthy.
While asking the three companies to pay environmental compensation to the
Ministry of Shipping, the NGT also ordered Gujarat-based Adani Enterprises Ltd
to pay 5 crore rupees as environmental compensation for dumping in the seabed
60,054 MT coal, being carried by ship M V RAK, and polluting the marine environment.
The panel drew government’s attention to approve and implement action plans to
tackle “environment Emergency” in Delhi and neighbouring areas and ordering
deregistration of 10-year-old diesel vehicles.
The
NGT passed a string of direction to the Railways clear the Railways of filth
which gives it the tag of “biggest open toilet”. The Tribunal empowered the
Railways to impose a fine of Rs.5,000/- on anyone found littering or engaging
in any other act such as open defection on tracks or platforms. The fine would
also be imposed on those residing along the tracks and disposing of waste on
railway tracks or property.
This
Tribunal had passed certain orders in ‘Vardhaman
Kaushik vs. Union of India’ prohibiting registration of ten years old
diesel vehicles in the NCR in the light of earlier order of the Hon’ble Supreme
Court. However, in certain cases, exemption was granted for BS-IV compliant new
Diesel Vehicles. The BS IV norms have been
enforced across the country since April 2017. And No BS-IV vehicle shall be sold in the country from
April 1, 2020, only Bharat Stage
Six (BS VI) compliant ones will be allowed
for sale after the given date, skipping BS V. [16]
The
National Green Tribunal (NGT) has imposed a fine of Rs 500 crore on German auto
giant for damaging the environment through the use of "cheat device" in its diesel cars in
India. The company has been ordered to pay the amount within two months by a
bench headed by NGT chairperson Justice Adarsh
Kumar Goel. On March 07th 2019.
A committee appointed by the NGT had
recommended a penalty of Rs 171.34 crore on Volkswagen as "health
damages" for causing air pollution in Delhi due to excess nitrogen
oxide (NOx) emissions. However, the tribunal increased the amount as a means of
"creating deterrence".
Then, The Supreme Court has provided some temporary relief
to Volkswagen Group by directing the National Green Tribunal not yet to
implement fine of Rs 500 crore it had slapped on the German carmaker for
polluting the air through use of cheat device in its diesel cars.
NGT had directed the government to prohibit use of (Reverse
Osmosis) RO purifiers where (Total Dissolved Solids) TDS was below
500mg per litre and had asked them sensitise public about the ill-effects of
demineralised water on September 2019.[17]
On
25th November 2019 - A bench headed by NGT Chairperson Justice Adarsh Kumar Goel passed the
order after perusing a report filed by an Oversight Committee, headed by former
Judge Justice Pratibha Rani,
which said that show-cause notices have been issued to 4,774 industries located
in residential areas in different municipal corporations. The NGT has directed the Delhi government to immediately
shut down, industrial units running in residential areas.
In Mohammed Nayeem
Pasha & Others Vs The State of Telangana & Others[18],
regarding remedial action against pollution of river Musi at Hyderabad -
Telangana which is reported to be contaminated due to industrial and domestic
sewage discharged into the river or into the drains connected thereto. The
industries in the catchment areas are bulk drug and pharmaceutical units. Green
tribunal tells GHMC to clean river by March next year or pay hefty penalty.
CONCLUSION:
It
is submitted that a perusal of the above mentioned orders of the NGT shows that
its approach in deciding various issues towards environmental governance is
consistent with the principles of sustainable development, the precautionary
principle and the polluter pays principle as envisaged under section 20 of the
NGT Act, 2010. The Green Tribunals fulfils the aim of the Acts mentioned in
Schedule I and the Tribunals have a wide jurisdiction including execution, it
is a very unique feature and comprehensive to solve the all problems relating
to protection of environment in India. It is hoped that the approach adopted by
the NGT will go a long way in protecting the environment. And recently NGT has
taken great initiative that is e-Filing, to curb the contamination is
encouraging the individual to bring to its notice through appropriate
proceeding through internet using its website where an individual in a
designated required format is able to file petition to bring appropriate action
against either individual or multi-million corporation causing contamination
through simple clicks of computer while
having the luxury of sitting at convenient place with nominal fee and also
dedicated jurisdiction in environmental matters shall provide speedy
environmental justice and help reduce the burden of litigation in the higher
courts.
REFERENCES
1. Environmental
Law An Introduction (Lexis Nexis) – Nawneet Vaibhaw.
2. Environmental
Law,Environment Protection, Sustainable Development And the Law by Dr Paramjit
S.Jaswal,Dr Nishtha jaswal,Vibhuti jaswal,Allahabad Law Agency.
3. Environmental
Law BY S.S Sastri,Eastern book Publications
4. Environmental
studies, B R Jindal, K L Toky and paramjit S.Jaswal-295 1997.
5. International
Environmental Law by Dr Padma,Asian Law House 2003
6. SUSTAINABLE
DEVELOPMENT: Emerging Issues in India’s Mineral Sector. Institute for Studies
in Industrial Development 4, Institutional Area, Vasant Kunj, New Delhi
7. Environmental
Education. Jayam Publications: Hyderabad. Govinda Reddy, V and Gayatri, Aluru.
(2017)
8. Social
Science- International Journal of Research in Humanities & Soc. Sciences
.Vol. 4(N G T- A Road to Environmental Justice) [Ruchi Singh -2016]
9. Environment
Protection, Sustainable Development & the LAW. Pioneer Publication.
15. http://www.greentribunal.gov.in/ofc_ord_princii.aspx
[1] In Virender Gaur vs. State of Haryana [(1995) 2 SCC
577], the Supreme Court stated that
protection and preservation of the environment, ecological balance free from
pollution as part of Article 21.
[2] [1991-1- SCC 598]
[3] [1987 AIR SC 1086]
[4] [1996 AIR SC 2715]
[5] [AIR SC 1446], (the Bichhri pollution case)
[6] [1997- 1- SCC 388]
[7] Section 36. The enactments specified in the
Schedule III to this Act shall be amended in the Amendment manner specified
therein and such amendments shall take effect on the date of establishment of
certain of the Tribunal.
[8] https://www.greentribunal.gov.in/
[9] https://greentribunal.in/
[11]https://www.greentribunal.gov.in/faqs#:~:text=The%20Tribunal%20has%20jurisdiction%20over,before%20the%20National%20Green%20Tribunal.
[12] Bhartiya Sakshya Adhiniyam-2023(BSA-2023)
[13] A green bench is a judicial bench that hears and
adjudicates disputes relating to the preservation of forests and the protection
of the environment. The word green bench was coined by the Supreme Court in the
'Madras Tanneries' case, on August 28, 1996.
[14] APPEAL NO. 19 OF 2011
[15] ORIGINAL APPLICATION NO.
299 OF 2013
[16] A three judge bench headed by Justice Madan B Lokur made it clear
that only BS VI compliant vehicle shall be sold in the country from April 1st,
2020.
[17] Friends through
its General Secretary Vs. Ministry of Water Resources