Why in News?

Recently, NGT ordered immediate demolition of a luxury project near Bengaluru since it was constructed on illegal vicinity of Kaikondarahalli lake.

About NGT:

• It is an statutory body set up under the National Green Tribunal Act, 2010.
• It was created for effective and expeditious disposal of cases pertaining to environmental protection, conservation of forests and of other natural resources.
• With the establishment of the NGT, India became the third country in the world to set up a specialised environmental tribunal, after Australia and New Zealand.
• NGT is mandated to dispose of the applications or appeals finally within 6 months of their filing.
• The NGT has five places of sittings:
  • New Delhi (Principal place of sitting)
  • Bhopal, Pune, Kolkata and Chennai

Composition of NGT

• NGT comprises of the
  • Chairperson,
  • the Judicial Members, and
  • Expert Members.
• They hold office for term of five years and are they are not eligible for reappointment.
• The Chairperson of NGT is appointed by the GoI in consultation with the Chief Justice of India (CJI).
• There are to beat least 10 and maximum 20 full time Judicial members and Expert Members in the NGT.

Powers & Jurisdiction of NGT:

• It has jurisdiction over all civil cases involving substantial question relating to environment (including enforcement of any legal right relating to environment).
• It also has appellate jurisdiction to hear appeal as a Court (Tribunal).
• It is not bound by the procedure laid down under the Code of Civil Procedure (CrPC)1908, butare be guided by principles of natural justice.
• While passing any order/decision/ decree, it applies principles of sustainable development, the precautionary principle and the polluter pays principle.
• It is empowered by an order, to provide relief and compensation to
  • the victims of pollution and other environmental damage.
  • for restitution of property damaged, and
  • for restitution of the environment for such area or other areas, as the it may think fit.
• The order/decision/award of NGT is executable as a decree of a civil court.
• The NGT Act also empowers NGT to enforce a penalty for non-compliance.
• An appeal against order/decision/ award of the NGT lies directly to the Supreme Court, generally within ninety days from the date of communication.

The NGT deals with civil cases under the following seven laws related to the environment:

• The Water (Prevention and Control of Pollution) Act, 1974,
• The Water (Prevention and Control of Pollution) Cess Act, 1977,
• The Forest (Conservation) Act, 1980,
• The Air (Prevention and Control of Pollution) Act, 1981,
• The Environment (Protection) Act, 1986,
• The Public Liability Insurance Act, 1991 and
• The Biological Diversity Act, 2002.