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National Green Tribunal Act

The National Green Tribunal Act, 2010[2] is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.[3] It draws inspiration from India's constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.[4]

The National Green Tribunal Act, 2010
Parliament of India
  • An Act to provide for the establishment of a National Green Tribunal (NGT) for the 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 the environment and giving relief and compensation for damages to persons and property and matters connected therewith or incidental thereto.
CitationAct No. 19 of 2010
Enacted byParliament of India
Enacted5 May 2010[1]
Assented to18 oct 2010
Legislative history
Bill published on31 July 2009[1]
Committee report24 November 2009[1]
Status: In force

Definition

The legislate Act of Parliament defines the National Green Tribunal Act, 2010 as follows:

An Act to provide for the establishment of a National Green Tribunal for the 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.[5]

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 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. The tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of the 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 place of sitting of the Tribunal.[6]

Origin

During the summit of United Nations Conference on Environment and Development in June 1992, India vowed the participating states to provide judicial and administrative remedies to the victims of the pollutants and other environmental damage.

There lie many reasons behind the setting up of this tribunal. After India's move with carbon credits, such tribunal may play a vital role in ensuring the control of emissions and maintaining the desired levels. This is the first body of its kind that is required by its parent statute to apply the polluter pays principle and the principle of sustainable development.

India is the third country following Australia and New Zealand to have such a system.[7] Delhi Pollution Control Committee (DPCC) works under the act of (NGT).[8][9]

Structure

The five regional benches are at New Delhi (North), Pune (West), Bhopal (Central), Chennai (South) and Kolkata (East). Each Bench has a specified geographical jurisdiction in a region. Further, a mechanism for circuit benches is also available. For example, the Southern Zone bench, which is based in Chennai, can decide to have sittings in other places like Bangalore or Hyderabad. but National green tribunal act 2010 The Chairperson of the NGT is a retired Judge of the Supreme Court, headquartered in New Delhi. On 18 October 2010, Justice Lokeshwar Singh Panta[10] became its first Chairman. Retired justice Adarsh Kumar Goel is the incumbent chairman also on 15th Jan 22 Afroz Ahmad take charge as a Member in Principal bench Delhi Other Judicial members are retired Judges of High Courts. Each bench of the NGT will comprise at least one Judicial Member and one Expert Member. Expert members should have a professional qualification and a minimum of 15 years of experience in the field of environment/forest conservation and related subjects.the member are not reelected

See also

References

  1. ^ a b c . Archived from the original on 18 September 2013. Retrieved 22 September 2013.
  2. ^ National Green Tribunal Website
  3. ^ Ministry of Environment and Forest Website
  4. ^ "NGT directs DPCC to submit action taken against defaulting industries in Narela, Bawana". Business Standard India. Press Trust of India. 28 May 2019. Retrieved 1 August 2019.
  5. ^ (PDF). Archived from the original (PDF) on 10 August 2013. Retrieved 22 February 2011.{{cite web}}: CS1 maint: archived copy as title (link)
  6. ^ . moef.nic.in. Archived from the original on 1 July 2013.
  7. ^ "Green Tribunal".
  8. ^ Staff Reporter (6 June 2019). "NGT seeks report from DPCC on pollution". The Hindu. ISSN 0971-751X. Retrieved 5 August 2019.
  9. ^ Staff Reporter (9 April 2019). "NGT raps DPCC over failure to curb air pollution in the Capital". The Hindu. ISSN 0971-751X. Retrieved 5 August 2019.
  10. ^ Justice Lokeshwar Singh Panta

External links

  • . Archived from the original on 20 April 2018.
  • . Archived from the original on 5 March 2019.
  • "National Green Tribunal". National Green Tribunal. Retrieved 26 November 2021.

national, green, tribunal, 2010, parliament, india, which, enables, creation, special, tribunal, handle, expeditious, disposal, cases, pertaining, environmental, issues, draws, inspiration, from, india, constitutional, provision, constitution, india, part, art. The National Green Tribunal Act 2010 2 is an Act of the Parliament of India which enables the creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues 3 It draws inspiration from India s constitutional provision of Constitution of India Part III Article 21 Protection of life and personal liberty which assures the citizens of India the right to a healthy environment 4 The National Green Tribunal Act 2010Parliament of IndiaLong title An Act to provide for the establishment of a National Green Tribunal NGT for the 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 the environment and giving relief and compensation for damages to persons and property and matters connected therewith or incidental thereto CitationAct No 19 of 2010Enacted byParliament of IndiaEnacted5 May 2010 1 Assented to18 oct 2010Legislative historyBill published on31 July 2009 1 Committee report24 November 2009 1 Status In force Contents 1 Definition 2 Origin 3 Structure 4 See also 5 References 6 External linksDefinition EditThe legislate Act of Parliament defines the National Green Tribunal Act 2010 as follows An Act to provide for the establishment of a National Green Tribunal for the 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 5 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 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 The tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of the 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 place of sitting of the Tribunal 6 Origin EditDuring the summit of United Nations Conference on Environment and Development in June 1992 India vowed the participating states to provide judicial and administrative remedies to the victims of the pollutants and other environmental damage There lie many reasons behind the setting up of this tribunal After India s move with carbon credits such tribunal may play a vital role in ensuring the control of emissions and maintaining the desired levels This is the first body of its kind that is required by its parent statute to apply the polluter pays principle and the principle of sustainable development India is the third country following Australia and New Zealand to have such a system 7 Delhi Pollution Control Committee DPCC works under the act of NGT 8 9 Structure EditThe five regional benches are at New Delhi North Pune West Bhopal Central Chennai South and Kolkata East Each Bench has a specified geographical jurisdiction in a region Further a mechanism for circuit benches is also available For example the Southern Zone bench which is based in Chennai can decide to have sittings in other places like Bangalore or Hyderabad but National green tribunal act 2010 The Chairperson of the NGT is a retired Judge of the Supreme Court headquartered in New Delhi On 18 October 2010 Justice Lokeshwar Singh Panta 10 became its first Chairman Retired justice Adarsh Kumar Goel is the incumbent chairman also on 15th Jan 22 Afroz Ahmad take charge as a Member in Principal bench Delhi Other Judicial members are retired Judges of High Courts Each bench of the NGT will comprise at least one Judicial Member and one Expert Member Expert members should have a professional qualification and a minimum of 15 years of experience in the field of environment forest conservation and related subjects the member are not reelectedSee also EditCentral Pollution Control Board Environmental issues in IndiaReferences Edit a b c NGT Bill 2009 Archived from the original on 18 September 2013 Retrieved 22 September 2013 National Green Tribunal Website Ministry of Environment and Forest Website NGT directs DPCC to submit action taken against defaulting industries in Narela Bawana Business Standard India Press Trust of India 28 May 2019 Retrieved 1 August 2019 Archived copy PDF Archived from the original PDF on 10 August 2013 Retrieved 22 February 2011 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link National Green Tribunal NGT Ministry of Environment and Forests Government of India moef nic in Archived from the original on 1 July 2013 Green Tribunal Staff Reporter 6 June 2019 NGT seeks report from DPCC on pollution The Hindu ISSN 0971 751X Retrieved 5 August 2019 Staff Reporter 9 April 2019 NGT raps DPCC over failure to curb air pollution in the Capital The Hindu ISSN 0971 751X Retrieved 5 August 2019 Justice Lokeshwar Singh PantaExternal links Edit THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT 1997 ACT NO 22 OF 1997 Archived from the original on 20 April 2018 THE ENVIRONMENT PROTECTION ACT 1986 No 29 OF 1986 Archived from the original on 5 March 2019 National Green Tribunal National Green Tribunal Retrieved 26 November 2021 Retrieved from https en wikipedia org w index php title National Green Tribunal Act amp oldid 1129406844, wikipedia, wiki, book, books, library,

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