The National Green Tribunal Act 2010 provided for establishing National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forest and other natural resources and for the enforcement of legal rights relating to the environment. The National Green tribunal is not required to follow the provisions of Code of Civil Procedure and Indian Evidence Act but it can decide the issues/ petitions on the principles of natural justice. The tribunal is regulated by the provisions of the National Green Tribunal Act. The tribunal while passing an order, decision or an award applies the principles of sustainable development, precautionary principles and the polluter pays principles as per the need of the time and various international conventions and agreements India is signatory to.

Jurisdiction

The tribunal has jurisdiction over all civil cases where a substantial question regarding the environment, pollution, hazardous and dangerous activities relating to the environment is involved. Any person seeking relief and compensation from the environmental damage involving subjects in the legislations can file a complaint at the National Green Tribunal. Also, any person aggrieved by an order or a decision of appellate authority under the acts in the schedule I may file an appeal before the National Green Tribunal. NGT adjudicates matters coming under The Water (Control and Prevention of Pollution) Act, 1974, The Water (Control and Prevention 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 1971 and The Biological Diversity Act 2002. The Indian Law under this statute provided Vicarious Liability.

Claims

Schedule II of the NGT Act speaks about the heads under which claims can be made. Under this schedule there are mainly 14 heads (a-n) under which one can claim. It includes death, permanent, temporary or partial injury or sickness due to environmental destruction, damages to private property, expenses incurred by the government or any local authority for providing aid to the affected individual, claims on account of any harm to the flora and fauna and destruction caused to the environment by the use of any hazardous substance and public health.

How to file complaint before the NGT

The complaints can be filed both physically and by online mode. The filing of petitions through online mode helps the applicants/ complainant to track the proceeding much easier than the physical mode, the users have easy access to the cases and they will be able to know the status of the case through this portal. This also helps them to file their responses when the court seeks them.

The complaints can be filed offline mode (Physical mode). In an offline mode of application, the tribunal entertains letter petitions as well. To file an application seeking compensation the NGT has a simple procedure. For applications not involving compensation, a fee of Rs 1000 must be paid to the NGT while filing the case while for applications seeking compensation a fee which is one percent of the compensation claimed or a minimum of Rs1000 is to be paid.

Who can file petition before NGT?

Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident or the adverse impact of an activity or operation or process, under any enactment specified in Schedule I or a vigilant citizen to raise the issue which effects the environment adversely.

Very person being citizen of the country and seeks to claim

The Limitation

The NGT in ordinary course does not entertain a petition under the Act after 6 months of such cause of action has arisen u/s 14(3) of the NGT Act but in some special circumstances, the period could  be extended when the Tribunal deems fit and proper in the facts and circumstances of the concerned case.

Appeal against the order of NGT

Aggrieved by the order/ award/ decision passed by the NGT may file an appeal before the Hon’ble Supreme Court of India within 90 days of the communication of such order passed. The order of the NGT shall be executable by the Tribunal as the decree of the Civil Court and for these purposes the NGT has all the powers of Civil Court.

Penalty

In Chapter IV the Act provides for various/different penalties in Section 26 to Section 28. In section 26 of the Act, the tribunal may award imprisonment upto three months and a penalty of Rs. 10 crore and Rs. 25 Crore.

How to file a Complaint stepwise-

1:     Go to the official website of the National Green Tribunal https://greentribunal.gov.in/ and click the icon for e-filing.

2:     Click on the Applicant corner. 

We should first sign up as a user before filing the complaint.

3:     To file a complaint one can sign up as an individual, Advocate, or representative of a law firm, Institution, or Representative of the Government of India. Choose the appropriate designation and proceed.

4:     Fill in the required details in the boxes and click on submit to receive the password in the registered email address and mobile number.

5:     Using the username and password log into the application corner.

6:     Click on the NGT button to proceed and agree to the terms and conditions to reach the User Account Home Page.

7:     To initiate e-filing, click on the petition store.

8:     Click on petition filing and fill in the details of the petition in the boxes and click on ‘save and next’ button to continue.

A reference number will be given after filling the basic details.

9:     Choose the petitioner type from the organization, individual and in-person and add the required details of the petitioner and click the ‘submit’ button.

10:   Choose the type of respondent from ‘organisation or ‘individual’ and add the details. Click the ‘submit’ button.

11:   Fill in the details of the representative of the petitioner.

12:   Select ‘online’ to create and submit an application or select ‘offline’ to generate an offline application and convert it to pdf.

13:   Add the required documents for the complaint and submit.

A final preview of the application will appear.

14:   Move on to the payment section and select the mode of payment. After selecting the mode of payment click on ‘save and continue’. The application is complete after the payment.

Visit the web-site and get the complete information:- https://ngtonline.nic.in/efiling/viewUserManualDoc.drt

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