The National Green Tribunal Bill, 2009 (NGT), that aims at establishing an autonomous tribunal, independent of the Ministry of Environment and Forests, for environmental clearance of development projects, will be tabled and discussed in the ongoing session of Parliament. The bill has got force from President Pratibha Devisingh Patil, who in her address to the Parliament yesterday said, “To ensure expeditious and effective disposal of civil cases relating to environmental protection and conservation of forests, a National Green Tribunal Bill, 2009 has been introduced.”
If given a nod by the Parliament, the NGT will be used for effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources thereby strengthening environmental adjudication and settlement of disputes. The tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment) is involved.
“The bill will be tabled in this session but after the budget presented on 26 February. The tribunal will provide relief and compensation to people affected by natural calamities,” said environment minister Jairam Ramesh. The Central Pollution Control Board will approach the NGT on behalf of affected persons for grant of relief or compensation or settlement of disputes.
The Union Cabinet gave its approval to the proposal to set up the Tribunal in December last year and it was introduced in Parliament in last July.
“As environmental cases are inter-sectoral and cross-cutting in nature, the NGT intends to reduce the load of environmental cases, of civil nature, pending in higher courts and to help in speedy disposal of such cases,” Ramesh had earlier said.
Since the NGT is proposed to have judicial members as well as expert members, it is likely to result in effective disposal of environmental cases which involve multi-disciplinary issues.
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The jurisdiction of the tribunal is limited to civil cases and the environmental disputes of criminal in nature shall continue to be adjudicated by the existing criminal courts.