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NATIONAL GREEN TRIBUNAL: PATH TOWARDS ENVIRONMENTAL JUSTICE AND PROTECTION
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Article Details
NATIONAL GREEN TRIBUNAL: PATH TOWARDS
ENVIRONMENTAL JUSTICE AND PROTECTION
AUTHORED BY - TANVI GOYAL
CONTENTS
II. National Green
Tribunal Act…………………………………………………………..
iii. Strengthening
the Act………………………………………………………………....
iv. Ten Years of
Protecting the Environment and the Marginalized Groups…………………………………………………………………………………………….
v. NGT and
Environmental Justice……………………………………………………………………………………………
VI.
Conclusion…………………………………………………………………………….…..
VII.
Bibliography……………………………………………………………………………..
The National Green Tribunal
(NGT) was established in 2010, by a statue called the NGT Act, 2010. It is a
fast-track quasi-judicial statutory body comprising of judges and scientific
experts and was established in pursuance of the Rio Declaration, Stockholm
Conference and the 186th Law Commission Report. The tribunal has
contributed towards establishment of effective environmental litigation in
India. The NGT was preceded by the National Environment Appellate
Authority. However, unlike the appellate authority, the five benches of NGT
have been given a wide spectrum of powers to adjudicate upon any dispute that
involves questions of importance to the environment. The NGT further portrays
technical expertise in the field, thus strengthening environmental protection
laws in India. With the help of a number of decisions,
the Tribunal has established itself as an efficient institution in
resolving environmental disputes.
The collective efforts of the
legislative, executive and judiciary help in laying foundation of legal
environmental system in India. The composition and jurisdiction of the NGT
which give it both original and appellate jurisdiction, help the tribunal
provide relief in matters on environmental importance.
The Stockholm declaration which was
conceived at the United Nations Conference on the Human Environment at
Stockholm in June, 1972 (‘the Stockholm Conference’), was the first declaration
to bring attention to the importance of environmental sustainability. The
report shed light on importance of human needs being filled with developmental
activities, and at the same time balancing the same with environmental
protection.
This balancing act, between the two conflicting needs, is a complicated matter, especially seen in developing countries. The answer to this dichotomy is the concept of ‘Sustainable Development’.
The Environment (Protection)
Act, 1986 was passed by Parliament, in order to implement the principles
of the Stockholm Declaration. Thus, all courts and tribunals in the country are
bound by the Act and must act in pursuance of the principles laid down in the
Act.
In the case of Vellore Citizens’ Welfare Forum v. Union of India[1], the Supreme Court held that the ecology and development are not opposed to each other, but must move forward, hand-in-hand, with the help of Sustainable Development.
The Tribunal has thus helped ease the
burden of already over-burdened Supreme Court and High Courts, which were
flooded with environment-related litigation. Furthermore, it helps provide technical
expertise as well as expediency in dealing with the matters placed before it.
This paper thus attempts to analyze
the circumstances leading up to the establishment of the NGT. It notes the
judgements which have been a move in the right direction, the benefits derived
out of its establishment, as well as some drawbacks and lacunae that the
tribunal deals with.
National Green Tribunal, Divya
Dhawan, 2016 SCC Online Blog Op Ed 16: This paper deals with National Green
Tribunal as an institution which issues judgements regarding environmental
protection. It talks about the history of the institution, the changes it has
made and the corresponding pitfalls.
Fortifying the National Green
Tribunal, Priyanka Priyadarshini, NLIU LR (2017) 55: The paper talks about
action on behalf of legislators and executives, with no fruitful result with
respect to sustainable development. It deals with the institution of National
Green Tribunal and analyses its role with respect to various international
conventions aimed at ensuring environmental protection.
Environmental Justice in India:
The National Green Tribunal (2017), Furqan Ahmad and Victor
Vaibhav Tandon, 60 JILI (2018) 111: This paper notes the work of the National
Green Tribunal since it was established in 2010. It attempts to understand the
growth of environmental jurisprudence in India. It also focuses on the
dichotomy of industrialization and environmental stability.
Mechanisms of
the National Green Tribunal, T.N. Subramanian and Rubin Vaki, 30
NLSI Rev 76 (2018): The paper deals with the progress of National Green
Tribunal in achieving environmental sustainability. At the same time, it sheds
light on the lacunae of the NGT, especially the fact that the Tribunal does not
follow Principle of Natural Justice. It attempts to find solutions for the
stated lacunae.
In present scenario, there is an
increasing need to shed light on the persisting environmental issues. In India,
the issue was meant to be tackled with the help of a number of environmental
statutes as well as the setting up of the National Green Tribunal in 2010. The
tribunal however suffers from certain drawbacks which restrict it from finding
a solution to the dichotomy of economic development and environmental
sustainability.
The NGT has not been able to strike a
balance between environmental protection and economic development. The judicial
approach towards developmental activities ensues in an attempt to curb them and
the executive’s approach towards environmental protection does not lead to
fruitful results.
The environmental laws as well as the
National Green Tribunal have been moves in the right direction towards
environmental protection. the paper aims at highlighting the achievements of
the tribunal as well as understand its shortcomings in order to find solution
to the same for more effective environmental protection in the country.
This research is a doctrinal
research. The main source of information is secondary in nature. The study is
not empirical in nature. Cases decided by the Courts, books, scholarly
articles, magazines and newspaper articles are relied upon to develop and
examine the judicial approach with regard to role of National Green Tribunal
towards achieving environmental protection.
II.
THE NATIONAL GREEN TRIBUNAL ACT
The National Green Tribunal has been
established with the help of the National Green Tribunal Act, 2010. The aim
behind the act is to establish an institution which helps in the speedy and
efficient disposal of cases relating to environmental protection. The act
allows individuals and groups to enforce their legal rights related to
environment, including conservation of forests, natural resources etc. It
provides relief to people in the form of compensation or even the restitution
of environment.
The object and reason clause talks of
Rio Conference which implies that source of legislative power of the present
Act may come under Entry 14, List I read with Article 253 of the Constitution
of India. The Preamble to the Act also indicates the legislative power of the
Parliament dealing with implementation of any treaty or decision taken at an
international conference. Part XVA, article 323B, to the Constitution of India
dealing with establishment of tribunals, does not include environmental dispute[2]. Moreover, no such
subject finds place in any of the lists mentioned in Seventh Schedule to the
Constitution of India. In this connection, it has been suggested that
environment and tribunal must find a place in the concurrent list.
This will avoid any uncertainty in such an important subject of legislative
power. [3]
There has been an excessive number of
cases filed before the courts and thus there has been a need to establish a
separate environmental tribunal in order to decrease the burden on High courts.
Furthermore, the Supreme Court in various cases such as M.C.
Mehta v. Union of India[4], Indian Council
for Enviro-Legal Action v. Union of India[5], A.P.
Pollution Control Board II v. Prof. M.V. Naidu[6]
reiterated the need for the establishment of environmental courts with experts
as members. In pursuance of a request by the Supreme Court, the Law Commission
submitted its 186th Law Report which recommended the setting up of
environmental courts having both original and appellate jurisdiction relating
to environmental laws.
The Right to Health was added as a
facet of the Right to life in the case of Subhash Kumar v. State of Bihar[7]. Additionally, the
Directive Principle of State Policy under Article 48-A and Article 51A, creates
a duty upon the State towards maintaining a clean environment. The National
Green Tribunal Act was thus enacted with the objective of giving effect to
people’s Right to Health. India is also a party to the United Nations
Conference on the Human Environment held at Stockholm and the United Nations
Conference on Environment and Development held at Rio de Janeiro, which impose
a duty on the participating nations to take initiatives to look after issues
related to the environment.
With the passing of the National
Green Tribunal Act was passed in 2010, India became the third country after New
Zealand and Australia to establish special environmental courts. NGT has set up
the Principal bench at Delhi and Zonal Benches at Bhopal (Central), Pune
(Western), Chennai (Southern), Kolkata (Eastern).
The National Green Tribunal Act,
2010 on its enactment repealed
the National Environment Tribunal Act, 1995 and
the National Environment Appellate Authority Act, 1997. All the
authorities under the Acts have been dissolved and pending cases have been
transferred to the National Green Tribunal.
The National Green Tribunal enjoys
wide powers under the Act. The Tribunal has been given the powers of
a civil court, under the Code of Civil Procedure, 1908. Additionally, it works
on the principles of natural justice. The National Green Tribunal however is
not bound by the rules of evidence under the Evidence Act, 1872.
The National Green Tribunal enjoys
both original jurisdiction as well as appellate jurisdiction. In terms of its
original jurisdiction, it can be enacted in case of a substantial issue of law
relating to the protection of environment as well as wildlife. The National
Green Tribunal has played a very important role in putting responsibility upon
the government as well as corporations in terms of their responsibility towards
the environment. They have been pulled up by the Tribunal in case of any
violation of environmental laws on their part. The Tribunal has been
responsible for imposing heavy charges upon such corporations in order to seek
compensation for any damage done to the environment and wildlife.
The appellate jurisdiction of the
Tribunal can be enacted by appealing against orders and decisions specified
under Section 16 of the Act. A provision for appeal to the Supreme Court is
made under Section 22 of the Act.[8]
The NGT Act further empowers the
Tribunal to appoint a committee of experts who can provide their technical
expertise in the field of environment, sustainable development. The experts are
chosen from the fields of physics, chemistry, botany, zoology, engineering,
environmental economics, social sciences and forestry, in order to help and
advice judges regularly. They are meant to provide assistance to the judicial
members of the Tribunal. The aim behind this power is to ensure better
environmental justice.
The Act recognizes certain principles
such as no-fault principle or absolute liability[9] as
laid down by the Supreme Court; sustainable development i.e.
regenerating, maintaining and improving natural resources for future
use; precautionary principle based on the philosophy prevention is
better than cure and; polluter pays principle which makes the
polluter liable for the costs of pollution.
The Tribunal is also
instrumental in making important decisions relating to environment. For
example, the National Green Tribunal had put a ban on
diesel vehicles which were as old as 10 years or more in Delhi[10].
The Tribunal proposed a plan for rejuvenating the Yamuna River in
Delhi and Uttar Pradesh.[11] The Tribunal constituted
certain committees and issued directions, based on the reports of the
Committee, in accordance with which the construction and mining activities are
to be carried out.
However, the Act does face certain
lacunae, for example, it is criticized for setting up only five Benches which
makes accessibility to these benches difficult. The Tribunal lacks
support from State and Central Governments. The Central Pollution Boards and
the State Pollution Boards are said to be inefficient in their functioning and
therefore as a result there is delay in implementation of the directions and
decisions of the Tribunal.
III. Strengthening
the NGT
The World is moving towards a highly
capitalistic economy, the population is becoming more and more consumeristic in
nature. This leads to an increase in production and simultaneous wastage. There
is thus a need for the National Green Tribunal to continue
to address the unequal distribution of environmental goods and burdens and
protect the rights of the marginalised as it has done so far.
In addition to the NGT, it is also
the responsibility of the government to lay down guidelines for the effective
exercise of powers by the NGT. There is a need for the decisions of
the Tribunal to be respected and implemented by all other government
departments. This would only help in NGT's role, benefiting India's long term
environmental improvement. There should also be stringent guidelines in place
for the appointment of expert members to the Tribunal based on the
suggestions of different environmental groups, legal experts, judges, and academics.
The entire process should be transparent and amenable to public scrutiny and
review by judicial bodies and experts from different backgrounds, including
scientists, technicians, judges and NGOs.
There is further the pressing concern
to equip the National Green Tribunal with all the necessary
resources required for scrutinizing and reviewing petitions, in order to be
able to entertain all petitions and prevent frivolous environmental
litigations.
The function of National Green
Tribunal should be more transparent and the procedures of PIL should be
institutionalized with guidelines for highlighting the conditions under which
the tribunal can accept or reject a petition. Moreover, given the
present composition of the NGT, it is very difficult on its part to monitor its
directions in each and every case. In order to implement NGT's directions
effectively, it is necessary to make the implementation process more efficient
by enhancing the involvement of local of agencies which are responsible for the
control of pollution. These bodies include local government bodies, pollution
control boards etc. The petitioner must also be involved in the monitoring of
court directions to ensure efficiency of the trial.
The objective of a comprehensive
interpretation of environmental laws and policies requires a simpler and more
effective legal framework under which the National Green Tribunal can work.
There is a plethora of legislations on environmental issues in India but many
of them date back to the pre-independence era and do not correspond to the
policies or realities of the post-independence period. There is thus a need for
such legislations to be reviewed and consolidated. For example, the Forest Law
of 1927, and the Waste Claims Act, 1863, need to be reviewed for them to be up
to date and in sync with the proclamations of environmental protection of the
Forest Policy of 1988 etc.
There are a number of areas under
environmental concern, such as noise pollution and radioactive waste
proliferation. These are inadequately covered under existing legislations and
need to be addressed by additional legislation passed by the Parliament. There
is also a need to strengthen legal support with the help of more effective
Environmental impact assessment and industrial zoning measures in India.
There is also the urgent need to
sensitize both lawyers and judges about the various aspects of environmental
protection. Judges cannot ignore public discourse on environmental issues. They
should not allow such discourse or media reports to outweigh their own
perceptions. They need to be well read in the subject. The bar should be strong
and effective as well. The quality of judgments is highly dependent on the
quality of arguments made by the lawyers.
IV.
Ten Years of Protecting Environment
and the Rights of Marginalized People
The NGT has been given enormous
powers to deal with environmental litigation. The expanse of the provisions of
the Act aim to seek judicial intervention for the protection and improvement of
environment. The petitions or intervention cannot be rejected on the grounds
that the problems concerned involve complex, scientific and technical questions
beyond the purview of the court.
This creates a very wide scope for
the filing of Public Interest Litigations (PIL). The National Green Tribunal
thus will helps concerned members of the public, put forth local environmental
problems to the purview of the judiciary. It leads to a backdrop of the
judiciary examining the environmental impacts of government decisions. It has
been empowered to adjudicate disputes relating to environmental protection. It
has the power to check any administrative action that contravenes or undermines
environmental laws. The NGT is empowered to review orders passed under all
existing environment protection laws, including those involving water, air,
forests and wildlife. No other court or authority can entertain any claim or
action that can be dealt with by the Tribunal. This is a positive step in
ensuring that the government departments take care and caution in clearing
projects with potential environmental impacts.
The NGT has played a significant role
in the past ten years, since its inception, on challenging the corporate
sectors and the central and state governments for not following environmental
regulations. For example, in Jeet Singh Kanwar v. Union of India[12] case, the
environmental clearance given to install and operate a coal-fired power plant
was challenged. The petitioners argued that the Environmental Impact Assessment
had not been carried out as per the regulations before approving the proposal.
The National Green Tribunal held that since the Ministry of Environment,
Forests and Climate Change failed to follow the precautionary principle by not
fulfilling the public consultation process, the clearance awarded is illegal
and liable to be quashed by the Tribunal.
Similarly, in Adivasi Majdoor
Kisan Ekta Sangthan v. Ministry of Environment and Forests[13], the environmental
clearance granted by the Ministry of Environment and Forests to Coal Mining Project
of Jindal Steel and Power Limited located in the Raigarh District of
Chhattisgarh was challenged. The petitioners argued that the environmental
clearance had been granted to the project without properly conducting a public
hearing as stipulated by the EIA Notification 2006.
The NGT held that there had been a
number of significant procedural lapses in conducting the public hearing and
therefore the grant of an environmental clearance was a violation of the rules
and the principles of natural justice. Accordingly,
the Tribunal considered it appropriate to declare that the public
hearing conducted in the case was invalid.
The National Green Tribunal has helped in resolving a number of environmental disputes, and has played a significant part in ensuring that its directions are implemented. Implementation can further be strengthened with the help of implementation through monitoring committees. This would help create an investigative mechanism over the polluters and put a stop to the perpetuated illegal behaviour. NGT hs also in a number of cases laid down strict conditions for the implementation of environmental judgments, as well as identified the executive agency responsible for carrying them out such directions.
The National Green Tribunal has given
some powerful judgments in the recent years which have strengthened the process
of obtaining environmental clearances. In the case of M.P.
Patil v. Union of India[14] wherein
the Tribunal examined the details of the basis on which environmental
clearance was obtained by the National Thermal Power Corporation Ltd
(NTPC). The Tribunal found that NTPC was guilty of misrepresenting facts to
obtain the environmental clearance. Additionally in this case
the tribunal stressed on the importance of a Rehabilitation and
Resettlement Policy that adequately took into consideration the needs of those
affected by the project. In determining who would fall within the ambit of
such persons, the tribunal chose an expansive definition instead of
restricting it only to the land owners in the region. Finally, it was
reiterated that the burden of proving that the proposed project was in
consonance with goals of sustainable development was on the party proposing the
project.
In another landmark decision given by
the NGT in the Tara, Parsa and PEKB coal blocks, the Forest Advisory Committee
had rejected the proposal in its recommendations to the Central Government in
terms of forest and non-forest use; however the latter went against the
recommendations and gave its approval. In the instant matter,
the tribunal scrutinized not only the validity of the Government's
rejection but also the report submitted by the Committee. The Tribunal held
that the report was arbitrary since it did not take into account the man-animal
conflict and would adversely impact the environment.
In Braj
Foundation v. Govt. of U.P.[15] The
case was brought forth by the Braj Foundation, and their contention was that
the Government should be directed to execute the Memorandum of Understanding
(MoU) for the afforestation of Vrindavan forest land.
The Tribunal gave the verdict against them, holding that the MoU is
not legally enforceable. Further, it was decided that the advertisement issued
by the Forest Department was only an ‘invitation to treat’ and could not be a
ground to enforce contractual obligations. Thus, the Government was allowed to
continue with its policy decision of taking up the afforestation work on its
own, especially since involvement of third parties would give rise to the
possibility of illegal mining and encroachment. However,
the Tribunal also went a step forward and gave directions to the
Government itself to ensure proper afforestation. One of the most significant
ones was the direction to declare at least a 100 meter long stretch on both
sides of the Braj Parikrama route as a ‘no development zone’.
In Vardhaman
Kaushik v. Union of India[16],
the Court took cognizance of the growing pollution levels in Delhi. It directed
a Committee to prepare an action plan and directed that vehicles more than 15
years old not be allowed to ply on the roads. It further imposed restrictions
on burning plastics. It directed authorities for the creation of cycle tracks
and prohibit overloaded trucks and buses. It ordered the installation of air
purifiers and automatic censors in appropriate locations.
Other recent decisions of the NGT
have included T. Murugandam v. Ministry of Environment &
Forests[17] wherein the
Tribunal analysed the importance of proper analysis and collation of data and
application of mind by the Expert Appraisal Committee.
In Kalpavriksh v. Union
of India[18] the Tribunal ruled
that its jurisdiction extends to all civil cases which raise the substantial
question of environment and arise from the implementation of the Acts stated in
Schedule I of the NGT Act.
In Tribunal at its Own
Motion v. Ministry of Environment & Forests[19] it
was held that wildlife is a part of environment and any action that causes
damage or is likely to cause damage to wildlife, could not be excluded from the
purview of the tribunal.
The Tribunal has also given
detailed directions in decisions involving contamination and pollution of river
waters. For instance, in Krishan Kant Singh v. National Ganga
River Basin Authority[20] the Tribunal gave
a range of time bound and specific directions to the polluting industrial units
as well as the Municipal authorities who were asked to allow the former to
comply with directions. In another, Manoj Misra v. Union of
India[21] the Tribunal gave
directions, ranging from prohibition on dumping debris to restricting
silviculture and floriculture activities, in the interest of protecting and
restoring the River Yamuna.
Regional NGT benches have also given
judgments that might potentially prevent project proposers from by-passing
environmental checks. One
such case was Samata v. Union of India[22] in which the Tribunal relaxed the concept of locus standi to allow a wider base of people to approach it with regard to environmental concerns. The term ‘aggrieved persons’ could include not just any person who is likely to be affected, but also an association of persons likely to be affected by such an order and functioning in the field of environment. The Tribunal also found that there was a requirement imposed on the Expert Appraisal Committee to act in light of the public's larger interests and work to balance developmental and environmental concerns.
such case was Samata v. Union of India[22] in which the Tribunal relaxed the concept of locus standi to allow a wider base of people to approach it with regard to environmental concerns. The term ‘aggrieved persons’ could include not just any person who is likely to be affected, but also an association of persons likely to be affected by such an order and functioning in the field of environment. The Tribunal also found that there was a requirement imposed on the Expert Appraisal Committee to act in light of the public's larger interests and work to balance developmental and environmental concerns.
In K.K Royson case[23], the Tribunal relaxed
requirements of of locus standi and held that where the matter
concerned the ecology and the environment, everybody was directly or indirectly
affected and thus the right to initiate action could not be limited only to
persons who were actually aggrieved.
V. NGT and ENVIRONMENTAL JUSTICE
There is generally a particular group
of people, such as the poor and marginalized, who are often more to the
ill-effects of a degraded environment. This is due to their lack of financial
accessibilities and a discriminatory attitude. It is a problem limited not to
one jurisdiction but is a concern everywhere. Removing such traditional
imbalances and reducing the barriers is an essential component of environmental
justice and reducing environmental damage. Sustainable development is thus an
essential to achieve environmental justice. However, the judiciary faces a
number of drawbacks such as delay, lack of expertise, lack of independence and
corruption.
A plethora of environmental rights
have been carved out or identified by means of PIL and this created a need for
a specialized Tribunal leading to the NGT Bill was introduced which led to the
Act which established the NGT.
The involvement of technical experts
in the NGT helps in decision-making and promotes better environmental results”.
The NGT has helped in the speedy
disposal of cases since it is a fast-track court for issues relating to
environmental protection. The Tribunal has heled increase the efficiency of
enforcement agencies and State Pollution Control Boards by efficiently
implementing environmental legislations. The NGT also monitors enforcement
agencies to ensure compliance of requirements. The NGT has the power to issue
prohibition and closures of plants and corporations that do not follow
environmental directions and guidelines. NGT has not only helped reduce the
workload on judiciary, but also the executive. There is minimal control that is
exercised by the executives on the Tribunal. The process of appointment and
removal of members is done by the Supreme Court. Even the appointment of Expert
members is done by the NGT itself.
The NGT has helped incorporate
international conventions and directions into the domestic legislative
framework. The National Green Tribunal Act, 2010, for
the first time, gives legislative status to these quintessential principles
such as the precautionary principle and the polluter pays principle.
VI.
Conclusion
With a population of over 1.3 billion, economic
growth rate of 7.5% and 13 of the top 20 cities world-wide with the worst
quality of air being Indian cities, environment protection is currently
one of the most serious challenges for the country.
NGT is a milestone as it has been
successful in heralding a new era in the environmental justice delivery system
of India. It has revamped the enforcement mechanisms at various levels and has
proved to be an efficient alternative adjudication forum. Even the Supreme
Court has acknowledged its proficiency and expert character and has transferred
cases relating to the environment for its consideration. The hitherto
developed jurisprudence on environment, which itself is dynamic and not under
any State Control and the organic growth of the legal frame work needs constant
judicial watch and states' proactive approach to upgrade the substantive law,
procedure and enforcement mechanism progressively.
In light of the several hurdles and
hindrances faced by the National Green Tribunal in the path
of efficient environment justice delivery due to the lacunae in the system as
aforementioned, adequate measures for its reinforcement are to be taken. It is
through an efficacious justice delivery system that the goal of sustainable
development can be realized; and the realization of sustainable development is
imperative for a developing country as no development can rightly be termed as
‘development’ if it fails to touch the cornerstone of ‘sustainable
development’.
The NGT is the most consistent and
progressive environmental authority in India. Unlike the Supreme Court, the NGT
does not routinely favour infrastructure projects, nor does it cause a delay in
resolving the cases before it. It had redefined the role of environmental
experts and the criteria to select such experts. It has been largely successful
in implementing its orders, which usually relate to staying environmental
clearances. The regional green tribunals seem even more active and
aggressive than the NCT in Delhi, as the regional judges are fearless and have
no ambition for national positions. Finally, the NGT seems to have
encouraged a number of lawyers all over India to specialize in environmental
law.
1.
National
Green Tribunal, Divya Dhawan, 2016 SCC Online Blog Op Ed 16
2.
National Green Tribunal:
Alternative Environment Dispute Resolution Mechanism, Vinod Shankar Mishra, 52
JILI (2010) 522
3.
Fortifying
the National Green Tribunal, Priyanka Priyadarshini, NLIU LR (2017) 55
4.
Environmental
Justice in India: The National Green Tribunal (2017),
Furqan Ahmad and Victor Vaibhav Tandon, 60 JILI (2018) 111
5.
Mechanisms
of the National Green Tribunal, T.N. Subramanian and Rubin Vaki,
30 NLSI Rev 76 (2018)
6.
S.C.
Shastri, Environmental Law, 5th Edition, Lucknow, Eastern Book Company, 2015.
7.
A.K.
Tiwari, Environmental Law in India, New Delhi, Deep and Deep Publications Pvt.
Ltd., 2006.
WEBLIOGRAPHY
6.
www.thedilpomat.com
7.
www.archived.greentribunal.gov.in
10.
www.scconline.com
[2] It has been suggested that the source of
legislative power of statutory tribunal can be covered under the
expression “administration of justice” in entry 11A, list III, seventh schedule
to the Constitution which would include tribunal as well as administering
justice. See, generally, Delhi High Court Bar Association v. Union
of India (1998) 92 Com. Cas. 850, 824..
[3] C.M. Jariwala, “The National Environmental Tribunal Bill,
1992: A Critical Appraisal” Unpublished Paper (1992).
[7] (1991) 1 SCC 598
[8] Section 22 of
the National Green Tribunal Act, 2010.
[23] K.K. Royson v. Govt.
of India, Appeals Nos. 172, 173, 174 of 2013 (SZ) and Appeals Nos. 1 and 19
of 2014 (SZ) and Appeal No. 172 of 2013 (SZ) dated 29-5-2014
Article Information
NATIONAL GREEN TRIBUNAL: PATH TOWARDS ENVIRONMENTAL JUSTICE AND PROTECTION
Authors: TANVI GOYAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/14
- Issue 7
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International Journal for Legal Research and Analysis
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