Proactive Measure taken by the National Green Tribunal for Disposing the Cases

  • R. Gayathri and Dr. S. Azizunnisaa Begum
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  • R. Gayathri

    Research Scholar (Part time) & Assistant Public Prosecutor at Judicial Magistrate Court, Tambaram, India

  • Dr. S. Azizunnisaa Begum

    Research Supervisor, School of Law, VISTAS, India

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Abstract

The National Green Tribunal Act of 2010 was enforced on June 2, 2010. The primary objective of enforcing the NGT Act 2010 is to establish the National Green Tribunal to ensure efficient and prompt resolution of cases related to environmental protection and forest conservation, and to provide compensation and relief for damages to affected parties. Following the implementation of the aforementioned Act, the national green tribunal was set up by the central government in 2010. It is responsible for handling Original Applications (OAs) filed against breaches of environmental regulations and appeals against decisions made by Authorities under the Water, Air, EP, and Biodiversity Acts, under Sections 15 and 16 of the Act, respectively. The NGT has the authority to establish its own procedures and is not restricted by the Civil Procedure Code or the rules of evidence under the Evidence Act. It possesses the powers of a Civil Court and its decisions hold the same weight as a civil court decree. Non-compliance with its orders is considered a punishable offense. The NGT operates based on the principles of sustainable development, the precautionary principle, and the polluter pays principle. It is expected to resolve cases promptly, ideally within a six-month timeframe. This research paper delves into the tribunal's efforts to effectively and swiftly resolve cases and also examines its suo moto power and the handling of letter petitions.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 145 - 151

DOI: https://doij.org/10.10000/IJLMH.117980

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