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JAMIA MILLIA ISLAMIA

Dispute Settlement and Role Played by NGT

Submitted to: Submitted by:

Dr. Ghulam Yazdani Pranav Shrivastava

Associate Professor B.A.LL.B (S.F) VI

SEM

Faculty of Law ROLL.39

JAMIA MILLIA ISLAMIA 20178932

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 TABLE OF CONTENT

1.INTRODUCTION 3-5
1.i Environment
1.ii Religion and Environment
1.iii Environment Dispute
2. Human Interaction to Environment 6-7

3. Environment Dispute in India 7-13

4. NGT 14
4.i Structure
5. Dispute resolution 15-19
5.i Approach
6. Trend 20-21
6.i. Criticism
6.ii. recent cases

7. Conclusion 21

8. Bibliography 21

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1.Introduction

1:i Environment: The term 'environment' is widely used and has a broad range of definitions,
meanings and interpretations. What does the term 'environment' mean? In popular usage, for some
people, the term 'environment' means, simply, 'nature': in other words, the natural landscape
together with all of its non-human features, characteristics and processes. To those people, the
environment is often closely related to notions of wilderness and of pristine landscapes that have
not been influenced - or, at least, that have been imperceptibly influenced - by human activities.
However, for other people, the term 'environment' includes human elements to some extent.
Many people would regard agricultural and pastoral landscapes as being part of the environment,
whilst others are yet more inclusive and regard all elements of the earth's surface - including urban
areas - as constituting the environment. Thus, in popular usage, the notion of the 'environment' is
associated with diverse images and is bound up with various assumptions and beliefs that are often
unspoken - yet may be strongly held. All of these usages, however, have a central underlying
assumption: that the 'environment' exists in some kind of relation to humans. Hence the
environment is, variously, the 'backdrop' to the unfolding narrative of human history, the habitats
and resources that humans exploit, the 'hinterland' that surrounds human settlements, or the
'wilderness' that humans have not yet domesticated or dominated.

Comment: According to Roscoe pond , Civillisation existence is contingent growth of

Environmental sustainability

In its most literal sense, 'environment' simply means 'surroundings' (environs); hence the
environment of an individual, object, element or system includes all of the other entities with which
it is surrounded. However, in reality, individuals, objects, elements and systems rarely exist in
isolation; instead, they tend to interact to varying extents with their surrounding entities. Therefore,
it is not particularly helpful to conceptualise the 'environment' without including in that
conceptualisation some notion of relationship. Individuals, objects, elements and systems influence -
and are in turn influenced by - their surroundings. Indeed, the networks of relationships that exist
between different entities may, in some cases, be extensive and highly complex. Thus the
'environment' may be regarded as a 'space' or a 'field' in which networks of relationships,
interconnections and interactions between entities occur. To those who have studied the science of

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ecology, such a conceptualisation will be familiar, since ecologists are concerned with both the biotic
(living) and abiotic (non-living) components of environmental systems - and especially with the
interactions of those components. In fact, the term 'environment' is often used interchangeably with
an ecological term 'ecosystem', which may be defined as a community of interacting organisms
together with their physical surroundings. The notion of interrelationship is a central one in
environmental science and management, since many environmental issues have occurred because
one environmental system has been disturbed or degraded - either accidentally or deliberately - as a
result of changes in another.

Earth provides enough to satisfy every man's needs, but not every man's greed

1.ii Religion and Environmental protection: All religions agree that the creation is an
act of God and should be treated as such...

Almost all religions address the issue of the creation of the universe, or universes,
in different forms and with varying degrees of clarity or detail. However, all religions
agree that the creation is an act of God and should be treated as such.   

Spiritual leaders at all levels are critical to the success of the global solidarity for
an ethical, moral and spiritual commitment to protect the environment and
God’s creation. These leaders can become observers, make public commitments,
share the story of their commitments and the challenges and joys of keeping them,
and invite others to join them. In addition, they can display their sustainable
behaviors, serving as role models for their followers and the public. The following is a
reflection on how religions have addressed religious commitments towards the
environment.

1:iii) Environment Dispute: What do we mean when we talk about an “environmental

dispute”? In the literature on mediation and environmental dispute resolution we find a

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number of different definitions. Moore defines environmental disputes as “...tensions,
disagreements, altercations, debates, competitions, contests, conflicts, or fights over some
element of the natural environment.” 1 Blackburn and Bruce define “environmental
conflict” as arising “...when one or more parties involved in a decision making process
disagree about an action which has potential to have an impact upon the environment.”

2 Susskind refers to environmental disputes as “...disagreements among stakeholders in a

range of public disputes which involve environmental quality or natural resource
management.”

3 Bingham, in her review of a ‘decade of experience’ in resolving environmental disputes,

does not define “environmental dispute” but categorises the disputes reviewed into six
broad categories: land use, natural resource management and use of public lands, water
resources, energy, air quality and toxics, which she further subdivides into ‘site-specific’ and
general policy categories

. 4 For our purposes we shall limit the scope of both “environmental” and “dispute”, so as to
more clearly define our research focus. At its broadest “environmental” is an expansive
concept that might connote any element of the natural environment including issues of
natural resource management, energy generation, development, industrialisation. Indeed
the term “environmental” may even be understood to extend beyond the natural
environment to encompass aspects of the man-made or built environment, as in the case of
heritage conservation or “environment” as it is used in the context of planning law. Our
focus will be more specific, in part due to the more specific definition of environmental
dispute in the Indonesian Environmental Management Act 1997, which limits itself to
disputes relating to the incidence or suspected incidence of environmental pollution or
damage. For our purposes 3then, an “environmental” dispute is a dispute that relates in
some way to the incidence, or suspected incidence of environmental pollution or damage of
some kind.4
3
Shyam divan and Armin Rosencranz, Environmental law and policy in india ( Oxford
university press)
B. Shibani ghosh ( Indian Environmental law ,Orient black swan.

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Examples of environmental conflict include,

The deep ecology/fair use conflict…hunters and those favoring biodiversity and
“watchable wildlife”; solitary wilderness trekkers and mountain resort patrons,
pro- and antigrowth factions; advocates of a “small is beautiful”, low
consumption lifestyle and proponents of a more materialistic “good life”; and
advocates of tight pollution control requirements based upon the belief that
human life is priceless and persons wishing to take a hard look at the economics
of pollution contro

2. Human Interaction to Environment:

Overpopulation
Pollution
Global warming
Climate change
Genetic modification
Ocean Acidification
Water pollution
Deforestation
Acid rain
Ozone depletion
Nature–society or human–environment relationships have been part of geographic inquiry
since antiquity. The modern foundation of the themes of human impact on and adjustment
to the physical environment, however, was articulated by nineteenth-century German

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geographers, with various claims that these relationships, broadly interpreted, constituted
the identity of the discipline. For a brief period in the early twentieth century, a particular
definition of the relationship, environmental determinism or the geographic factor, formally
dominated geographic education in the United States. The excesses of determinism
discredited nature–society studies in the discipline, with various attempts to embed
human–environment relationships within the dominant spatial–chorological identity. By the
late 1970s, however, nature–society or human–environment scholarship had returned to
geography in a significant way, building from interests that helped to give rise to cultural
ecology and risk-hazard studies as well as several other interdisciplinary subfields. Entering
the twenty-first century, nature–society geography has grown significantly in the number of
its practitioners and research influence, exploring the range of perspectives crossing from
the sciences to the humanities. This rebirth coincides with renewed academic and public
interests in the sustainability of the human–environment condition, whether such interests
focused on climate change, ecosystem and biotic integrity, or sustainable development, and
raises questions about the role of nature–society interests in the discipline of geography and
in the academy at large.

3.Environment Protection in india:

The need for protection and conservation of environment and sustainable use of natural
resources is reflected in the constitutional framework of India and also in the international
commitments of India. The Constitution under Part IVA (Art 51A-Fundamental Duties)
casts a duty on every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
Further, the Constitution of India under Part IV (Art 48A-Directive Principles of State
Policies) stipulates that the State shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country.

Comment: According to Dr. BR Ambedkar shall be carriage of democratic development, if it will be

lack then there will be no mean of rule of law .

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Several environment protection legislations existed even before Independence of India.
However, the true thrust for putting in force a well-developed framework came only after
the UN Conference on the Human Environment (Stockholm, 1972). After the Stockholm
Conference, the National Council for Environmental Policy and Planning was set up in 1972
within the Department of Science and Technology to establish a regulatory body to look
after the environment-related issues. This Council later evolved into a full-fledged Ministry
of Environment and Forests (MoEF).

MoEF was established in 1985, which today is the apex administrative body in the country
for regulating and ensuring environmental protection and lays down the legal and
regulatory framework for the same. Since the 1970s, a number of environment legislations
have been put in place. The MoEF and the pollution control boards ("CPCB", ie, Central
Pollution Control Board and "SPCBs", ie, State Pollution Control Boards) together form the
regulatory and administrative core of the sector.

Some of the important legislations for environment protection are as follows:

 The National Green Tribunal Act, 2010

 The Air (Prevention and Control of Pollution) Act, 1981
 The Water (Prevention and Control of Pollution) Act, 1974
 The Environment Protection Act, 1986
 The Hazardous Waste Management Regulations, etc.

These important environment legislations have been briefly explained in the succeeding
paragraphs.5

The National Green Tribunal Act, 2010

The National Green Tribunal Act, 2010 (No. 19 of 2010) (NGT Act) has been enacted with the
objectives to provide for establishment of a National Green Tribunal (NGT) for the
effective and expeditious disposal of cases relating to environment protection and
5
Jolly George Varghese v. bank of coachin AIR 1980 SC (it was held that Indian courts while interpreting
statutes have to maintain harmony with the rules of the international law).
13 National Green Tribunal Act 2010 14
Ibid 15 Ibid 16 Section 3
17 Section 4 18 Section 5 19 Section 6 20 Section 7 21 Section 8 22 Section 9 23 Section 10

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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.

The Act received the assent of the President of India on June 2, 2010, and was enforced by
the Central Government vide Notification no. S.O. 2569(E) dated October 18, 2010, with
effect from October 18, 2010. The Act envisages establishment of NGT in order to deal with
all environmental laws relating to air and water pollution, the Environment Protection Act,
the Forest Conservation Act and the Biodiversity Act as have been set out in Schedule I of
the NGT Act.

Consequent to enforcement of the National Green Tribunal Act, 2010, the National
Environment Tribunal Act, 1995 and the National Environment Appellate Authority Act,
1997 stand repealed. The National Environment Appellate Authority established under s
3(1) of the National Environment Appellate Authority Act, 1997stands dissolved, in view of
the establishment of the National Green Tribunal under the National Green Tribunal Act,
2010 vide Notification no. S.O. 2570(E) dated October 18, 2010.

The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 (the "Air Act") is an act to provide
for the prevention, control and abatement of air pollution and for the establishment of
Boards at the Central and State levels with a view to carrying out the aforesaid purposes.

To counter the problems associated with air pollution, ambient air quality standards were
established under the Air Act. The Air Act seeks to combat air pollution by prohibiting the
use of polluting fuels and substances, as well as by regulating appliances that give rise to air
pollution. The Air Act empowers the State Government, after consultation with the SPCBs,
to declare any area or areas within the Sate as air pollution control area or areas. Under the
Act, establishing or operating any industrial plant in the pollution control area requires
consent from SPCBs. SPCBs are also expected to test the air in air pollution control areas,
inspect pollution control equipment, and manufacturing processes.

The Water (Prevention and Control of Pollution) Act, 1974

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The Water Prevention and Control of Pollution Act, 1974 (the "Water Act") has been
enacted to provide for the prevention and control of water pollution and to maintain or
restore wholesomeness of water in the country. It further provides for the establishment of
Boards for the prevention and control of water pollution with a view to carry out the
aforesaid purposes. The Water Act prohibits the discharge of pollutants into water bodies
beyond a given standard, and lays down penalties for non-compliance. At the Centre, the
Water Act has set up the CPCB which lays down standards for the prevention and control of
water pollution. At the State level, SPCBs function under the direction of the CPCB and the
State Government.

Further, the Water (Prevention and Control of Pollution) Cess Act was enacted in 1977 to
provide for the levy and collection of a cess on water consumed by persons operating and
carrying on certain types of industrial activities. This cess is collected with a view to augment
the resources of the Central Board and the State Boards for the prevention and control of
water pollution constituted under the Water (Prevention and Control of Pollution) Act,
1974. The Act was last amended in 2003.

The Environment Protection Act, 1986

The Environment Protection Act, 1986 (the "Environment Act") provides for the protection
and improvement of environment. The Environment Protection Act establishes the
framework for studying, planning and implementing long-term requirements of
environmental safety and laying down a system of speedy and adequate response to
situations threatening the environment. It is an umbrella legislation designed to provide a
framework for the coordination of central and state authorities established under the Water
Act, 1974 and the Air Act. The term "environment" is understood in a very wide term under
s 2(a) of the Environment Act. It includes water, air and land as well as the interrelationship
which exists between water, air and land, and human beings, other living creatures, plants,
micro-organisms and property.

Under the Environment Act, the Central Government is empowered to take measures
necessary to protect and improve the quality of environment by setting standards for
emissions and discharges of pollution in the atmosphere by any person carrying on an

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industry or activity; regulating the location of industries; management of hazardous wastes,
and protection of public health and welfare. From time to time, the Central Government
issues notifications under the Environment Act for the protection of ecologically-sensitive
areas or issues guidelines for matters under the Environment Act.

In case of any non-compliance or contravention of the Environment Act, or of the rules or

directions under the said Act, the violator will be punishable with imprisonment up to five
years or with fine up to Rs 1,00,000, or with both. In case of continuation of such violation,
an additional fine of up to Rs 5,000 for every day during which such failure or contravention
continues after the conviction for the first such failure or contravention, will be levied.
Further, if the violation continues beyond a period of one year after the date of conviction,
the offender shall be punishable with imprisonment for a term which may extend to seven
years.

Hazardous Wastes Management Regulations

Hazardous waste means any waste which, by reason of any of its physical, chemical,
reactive, toxic, flammable, explosive or corrosive characteristics, causes danger or is likely to
cause danger to health or environment, whether alone or when in contact with other
wastes or substances.

There are several legislations that directly or indirectly deal with hazardous waste
management. The relevant legislations are the Factories Act, 1948, the Public Liability
Insurance Act, 1991, the National Environment Tribunal Act, 1995 and rules and
notifications under the Environmental Act. Some of the rules dealing with hazardous waste
management are discussed below:

 Hazardous Wastes (Management, Handling and Transboundary) Rules, 2008,

brought out a guide for manufacture, storage and import of hazardous chemicals
and for management of hazardous wastes.
 Biomedical Waste (Management and Handling) Rules, 1998, were formulated along
parallel lines, for proper disposal, segregation, transport, etc, of infectious wastes.

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  Municipal Solid Wastes (Management and Handling) Rules, 2000, aim at enabling
municipalities to dispose municipal solid waste in a scientific manner.

In view of the short-comings and overlapping of some categories causing inconvenience in

implementation of the Biomedical Waste (Management and Handling) Rules, 1998 as well as
the Municipal Solid Wastes (Management and Handling) Rules, 2000, the Ministry of
Environment, Forest and Climate Change has formulated the draft Bio-Medical Waste
(Management & Handling) Rules, 2015 (Draft BMW Rules) and the draft Solid Waste
Management Rules, 2015 (Draft SWM Rules) and sought comments on the draft Rules.

The Draft BMW Rules are to replace the Biomedical Waste (Management and Handling)
Rules, 1998, and the Draft SWM Rules are to replace the Municipal Solid Waste
(Management and Handling) Rules, 2000. The objective of the Draft BMW Rules is to enable
the prescribed authorities to implement the rules more effectively, thereby, reducing the
bio- medical waste generation and also for its proper treatment and disposal and to ensure
environmentally sound management of these wastes, and the Draft SWM Rules aim at
dealing with the management of solid waste including it segregation at source,
transportation of waste, treatment and final disposal.

 E - Waste (Management and Handling) Rules, 2011 have been notified on May 1,

2011 and came into effect from May 1, 2012, with primary objective to reduce the
use of hazardous substances in electrical and electronic equipment by specifying
threshold for use of hazardous material and to channelize the e-waste generated in
the country for environmentally sound recycling. The Rules apply to every producer,
consumer or bulk consumer, collection centre, dismantler and recycler of e-waste
involved in the manufacture, sale, purchase and processing of electrical and
electronic equipment or components as detailed in the Rules.
 Batteries (Management & Handling) Rules, 2001 deal with the proper and effective
management and handling of lead acid batteries waste. The Act requires all
manufacturers, assemblers, re-conditioners, importers, dealers, auctioneers, bulk
consumers, consumers, involved in manufacture, processing, sale, purchase and use
of batteries or components thereof, to comply with the provisions of Batteries
(Management & Handling) Rules, 2001.

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Other Laws Relating to Environment

In addition, there are many other laws relating to environment, namely –

 The Wildlife Protection Act, 1972

The Wild Life (Protection) Act, 1972 was enacted with the objective of effectively protecting
the wild life of this country and to control poaching, smuggling and illegal trade in wildlife
and its derivatives. The Act was amended in January 2003 and punishment and penalty for
offences under the Act have been made more stringent. The Ministry has proposed further
amendments in the law by introducing more rigid measures to strengthen the Act. The
objective is to provide protection to the listed endangered flora and fauna and ecologically
important protected areas.

 The Forest Conservation Act, 1980

The Forest Conservation Act, 1980 was enacted to help conserve the country's forests. It
strictly restricts and regulates the de-reservation of forests or use of forest land for non-
forest purposes without the prior approval of Central Government. To this end the Act lays
down the pre-requisites for the diversion of forest land for non-forest purposes.

 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest

Rights) Act, 2006, recognises the rights of forest-dwelling Scheduled Tribes and other
traditional forest dwellers over the forest areas inhabited by them and provides a
framework for according the same.

The Indian Forest Act, 1927 consolidates the law relating to forests, the transit of forest-
produce and the duty leviable on timber and other forest-produce.

 Public Liability Insurance Act, 1991

The Public Liability Insurance Act, 1991 was enacted with the objectives to provide for
damages to victims of an accident which occurs as a result of handling any hazardous
substance. The Act applies to all owners associated with the production or handling of any
hazardous chemicals.)

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The Biological Diversity Act, 2002

The Biological Diversity Act 2002 was born out of India's attempt to realise the objectives
enshrined in the United Nations Convention on Biological Diversity (CBD), 1992 which
recognises the sovereign rights of states to use their own Biological Resources. The Act aims
at the conservation of biological resources and associated knowledge as well as facilitating
access to them in a sustainable manner. The National Biodiversity Authority in Chennai has
been established for the purposes of implementing the objects of the Act.

4. NGT: The National Green Tribunal has been established on 18.10.2010 under
the National Green Tribunal Act 2010 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 Tribunal shall not be bound by the procedure laid down under the Code of Civil
Procedure, 1908, but shall be guided by principles of natural justice

It is a specialised body set up under the National Green Tribunal Act (2010) for
effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources. With the
establishment of the NGT, India became the third country in the world to set up a
specialised environmental tribunal, only after Australia and New Zealand, and the
first developing country to do so.

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NGT is mandated to make disposal of applications or appeals finally within 6
months of filing of the same.

The NGT has five places of sittings, New Delhi is the Principal place of sitting
and Bhopal, Pune, Kolkata and Chennai are the other four.

4.i) Structure: Following the enactment of the NGT, the Principal Bench of the
NGT has been established in the National Capital – New Delhi, with regional
benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai
(Southern Bench) and Kolkata (Eastern Bench). Each Bench has a 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.

COMMENT: The Supreme Court has answered this question by holding that
“Every Court may be a tribunal but every tribunal necessarily may not be a court”.
A High court for instance, where a PIL would be filed, may have wide ranging
powers covering all enacted laws (including the power of contempt) but the NGT
has only been vested with powers under the seven laws related to the
Environment.

5. dispute resolution: What do we mean when we talk about an

“environmental dispute”? In the literature on mediation and environmental dispute
resolution we find a number of different definitions. Moore defines environmental
disputes as “...tensions, disagreements, altercations, debates, competitions,
contests, conflicts, or fights over some element of the natural environment.”

1 Blackburn and Bruce define “environmental conflict” as arising “...when one or

more parties involved in a decision making process disagree about an action
which has potential to have an impact upon the environment.”

2 Susskind refers to environmental disputes as “...disagreements among

stakeholders in a range of public disputes which involve environmental quality or
natural resource management.”

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3 Bingham, in her review of a ‘decade of experience’ in resolving environmental
disputes, does not define “environmental dispute” but categorises the disputes
reviewed into six broad categories: land use, natural resource management and
use of public lands, water resources, energy, air quality and toxics, which she
further subdivides into ‘site-specific’ and general policy categories.

4 For our purposes we shall limit the scope of both “environmental” and “dispute”,
so as to more clearly define our research focus. At its broadest “environmental” is
an expansive concept that might connote any element of the natural environment
including issues of natural resource management, energy generation,
development, industrialisation. Indeed the term “environmental” may even be
understood to extend beyond the natural environment to encompass aspects of
the man-made or built environment, as in the case of heritage conservation or
“environment” as it is used in the context of planning law. Our focus will be more
specific, in part due to the more specific definition of environmental dispute in the
Indonesian Environmental Management Act 1997, which limits itself to disputes
relating to the incidence or suspected incidence of environmental pollution or
damage. For our purposes then, an “environmental” dispute is a dispute that
relates in some way to the incidence, or suspected incidence of environmental
pollution or damage of some kind

5.i) Approach: A commonly adopted categorisation in mediation literature divides

approaches to processing and resolving disputes into three broad categories: power
based, rights based and interest based In a power based approach, the disputing parties
resolve their conflict through a contest of strength, which may encompass tactics such
as lobbying, use of political influence, demonstrations, industrial action or physical force.
Power based approaches would also encompass criminal or administrative enforcement
of law or sanctions through the state apparatus, a process which rests on the power of
the state. 15 When a power based approach is taken, the most powerful party typically
wins. In a rights based approach the dispute is adjudicated by an authoritative institution
or individual such as an administrator, court, tribunal or arbitrator. The outcome of the
dispute is determined according to the law, written policy or societal norms upon which
the adjudicating body bases its decision. Litigation, like arbitration or a process of
tribunal review, is a rights based approach to dispute resolution. Finally, in an interest

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based approach, such as mediation or negotiation, the conflicting parties negotiate, with
or without third party assistance, in order to reach a voluntary settlement amenable to
both parties interests. The outcome is determined by the respective interests of the
parties and their willingness to compromise in order to resolve the dispute at hand. The
three approaches to dispute resolution described above are roughly comparable to
Donald Black s three styles of social control , which may also be understood as
approaches to conflict management. 16 The SHQDO style is a state initiated process of
punishing or penalising offenders in some manner for acts considered blameworthy or
morally repugnant. A penal approach is often taken in situations where the relational or
social distance between victim and offender, or between offender and state, is large. 17
A penal approach to conflict management and/or social control could generally be
equated with or at least encompassed within the category of power-based approaches
discussed above. The style is a victim initiated process where a victim claims payment of
compensation by a violator. This style is focussed more on the proper redress of harm rather
than the punishment of wrongdoing. A compensatory style is more commonly used where the
relational distance is of an intermediate nature. 18 A compensatory style may be equated for
our purposes with a rights based approach to dispute resolution through litigation, where harm
is redressed according to an established set of legal principles. The FRQFLOLDWRU\ style
involves a third party to the dispute who helps the disputing parties negotiate a mutually
acceptable resolution to the dispute, as style comparable to the interest based approach to
dispute resolution described above. As the conciliatory style is consensual and not coercive, it is
most effective where the relational distance between the disputants is close, involving multiple
and lasting ties. Where these ties are disrupted then both parties will possess sufficient incentive
to seek resolution of the conflict. 19 This thesis focusses on the latter two styles, compensatory
and conciliatory, equating with rights based and interest based approaches to dispute
resolution, which for our purposes refers to the processes of litigation and mediation as applied
to environmental disputes. Penal styles of social control, such as the prosecution of criminal
offences or enforcement of administrative sanction, and power-based or political modes of
conflict resolution are not directly in the scope of this study. Nonetheless, we shall not discount
such modes of social control and dispute resolution as they may have an important, albeit
indirect effect, on the commencement, process and outcome of litigation and mediation. Indeed,
as we shall see in subsequent chapters, environmental disputants may pursue each approach at
different stages or a combination of approaches in any one dispute. In the course of a single

17
environmental dispute parties might first seek to consolidate their power bases and resolve the
matter in their favour through a political contest. If a stalemate is reached, negotiation or
mediation could be attempted, which, if unsuccessful might result in a final stage of litigation to
resolve the dispute. Alternatively, the interaction of these different approaches may be
contemporaneous.

Manoj Misra & Madhu Bhaduri v/s UoI & others (Original Application No. 6 of 2012 and
M.A.Nos. 967/2013 & 275/2014) regarding the Yamuna river in Delhi, the Principal Bench of the
National Green Tribunal led by Justice Swatanter Kumar has given wide ranging directions (dated
13 January 2015). A team of environmental lawyers lead by Ritwick Dutta & Rahul Choudhary
successfully argued for cleaning the river and protecting its flood plain. One of the most
important directions in the case is regarding ensuring environmental flows in the river
throughout the year. During the course of hearings, NGT ordered several committees & expert
groups to prepare reports. The tribunal accepts both the reports filed by the expert committee
first report and second report on 19th April. 2014 & on 13th October, 2014 respectively. First
report is dealing the aspects of restoration, preservation, & beautification of the banks of river
Yamuna & 2nd report is talking in relation to drainage system in delhi and the tribunal also
accepted the Action Plan prepared by the Delhi Jal Board for revitalization of river Yamuan.
Therefore NGT has named the implementation programme of the judgment as ― Maily Se
Nirmal Yamuna‖ revitalization project 2017 & its deadline is March 2017. Not only this, NGT,
regarding dumping of debris on the banks of the river, directed that ‗ no person, authority,
corporation& or by whatever name or delegation it is called, shall dump any kind of construction
debris, municipal waste. There shall be complete prohibition on dumping of any material in &
around river Yamuan. In this direction NGT ordered compensation charge of rupees 50,000 on
the Polluter Pays Principle & Precautionary Priniciple & that compensation shall be used for
removal of such waste and restoration of environment

6. Role play by NGT : NGT has been enacted to fulfil the long felt need of alternative
forum to deliver speedy and inexpensive justice. the need to setup special environment
court was highlighted by supreme court in 1986 in oleum gas case and law commission
in 186th report. After years of deliberation, the National Green Tribunal Bill was
introduced in the Indian Parliament on July 29, 2009.  The bill provides for the
establishment of a Green Tribunal, which will offer effective and fast redressal of cases
related to environmental protection and conservation of natural resources and forests.
“National Green Tribunal Act is a path breaking legislation which is unique in many ways.

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It will provide a new dimension to environment adjudication by curtailing delays and
imparting objectivity. The Tribunal, given its composition and jurisdiction, including wide
powers to settle environment dispute and providing relief, compensation including
restitution of environment, is envisaged to be a specialized  environmental adjudicatory

body having both original as well as appellate jurisdiction,” says Dr Abraham P

Meachinkara, Advocate, High Court, Kerala.

A judge of the Supreme Court of India or Chief Justice of High Court are eligible to be
Chairperson or judicial member of the Tribunal. Even existing or retired judge of High
Court is qualified to be appointed as a Judicial Member. A person is qualified to be an
expert member if he has Master of 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 experiences in the field of environment and
forests in a reputed National level institutions. Anyone who has administrative
experience of fifteen years including experience of five years in dealing with
environment matters in the Central Government or a State Government or in National or
State level institution is also eligible to be an expert member.

Section 16 says, “Any person aggrieved by” section 18(2) specifies who can file an
order or decision made under application for relief or compensation or
settlement
he person, who has sustained injury
Water (Prevention and
Control of Pollution) Act, b)  the owner of the property to which
1974. damage has been caused
The Water Cess Act, 1977. c)  where death has resulted from the

The Forest (Conservation) environmental damage, by all or any of the

Act, 1980. legal representatives of the deceased
The Air (Prevention and d)  any agent duly authorised by organisation
Control of Pollution) Act,
functioning in the field of environment, with
1981.
permission of the tribunal
The Environment
(Protection) Act, 1986. e)  the Central Government or a State
Government or a Union territory
The Public Liability
Insurance Act, 1991. Administration or the Central Pollution

The Biological Diversity Control Board or a State Pollution Control

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 Board or a Pollution Control Committee or a
Act, 2002
local authority  or any environmental
authority constituted under the Environment
(Protection) Act 1986

6. Trend

6.i) Recent Judgement:

 A committee of experts, appointed by NGT to assess the damage caused to the

Yamuna floodplain in Delhi where the World Culture Festival was held, has found
that the event has extensively damaged Yamuna floodplain.
 In a landmark judgement, the Kochi circuit bench of the NGT banned all
diesel vehicles more than 10 years old from operating in six cities in Kerala
 This follows a similar decision made for diesel cars in the Delhi region. It is
expected to extend this to 15 major Indian cities with the worst air quality
levels
 It has imposed a no-construction zone of 75 metres around lakes and
rajakaluves (storm water drains) in Bengaluru.
 The NGT has directed the Centre and Delhi government to provide alternative
modes of cremation of human remains, saying the traditional method of
burning wood emitted hazardous pollutants in the environment.
 Cancellation of coal block clearance in Hasdee-Arand forests overriding
central government's decision5555555555555555555555

6.ii) Criticism

 Disadvantages are that it possibly takes away from mainstream jurisdictions and
transfers to and from the mainstream courts could become complicated.
 Like the recent event on Yamuna floodplains, this saw rampant clearing of the
vegetation cover and construction. But NGT instead of taking stringent action just
imposed a fine for the event and could do little to prevent the spoiling of this fragile
ecosystem.

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  Access to justice is denied by two means in NGT: firstly, by the provision of limitation
period and secondly, by virtue of NGT being located in only big cities spread across
India.
 NGT has been accused of overstepping its jurisdiction and taking actions for which it
has not been empowered under the NGT Act.
 NGT’S critics have also questioned the “lack of environmental finesse” of its expert
members. “Usually, the expert members are experts of one particular field and not
of environment as a whole
 Conflicts are brewing between NGT and the high courts. As per the NGT Act, appeals
from NGT can only go to the Supreme Court, thus by-passing the high court.

7. Suggestion/ Conclusion:
 We must strengthen it by giving it more powers and by investing in strengthening its
infrastructure
 Judicial review is an important power that must be given to NGT
 We should include other environment-related laws within NGT’S ambit.
 NGT also needs to put certain systems in place for transparent decision-making.
 NGT needs to establish principles and criteria to estimate fines, damages and
compensation.
 It should also identify institutions and experts who can help it to scientifically
estimate environmental damages/compensation/fines on a case-to-case basis.
 NGT must put internal checks and balances for efficient and transparent delivery of
justice
 Suomotu jurisdiction has to be an integral feature of NGT for better and effective
functioning.
 There is a need for the central and state governments to work in collaboration with
the NGT for an effective outcome

8. Bibliography:

BOOKS:

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 A. Shyam divan and Armin Rosencranz, Environmental law and policy in india ( Oxford
university press)
B. Shibani ghosh ( Indian Environmental law ,Orient black swan

CASES:

A. M.C.Mehta v. Union of Iindia, AIR 1987 SC

B. Charan lal v. union of india, AIR 1990 SC
C. A.P.Pollution Control Board v. M.V.Nyudu 1999
D. Indian Council for Enviro-Legal Action vs. Union of India

REPORT:

A. Sunita Narain, ‗Time for New Environmentalism‘ print edition, dated 15th feb,2015 38
B. The Economics Times, dated 3rd march, 2015.

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