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Posted 09 Feb 2024

Updated 16 Mar 2024

2 min read

  • A Division Bench of SC was hearing an appeal against an ex-parte order in suo motu proceedings by NGT which directed appellants for payment of compensation.
    • Ex-Parte orders are those that can be granted without waiting for a response from other side.

 

  • Key observations of SC regarding NGT
    • Recurrent engagement in unilateral decision making, provisioning ex-post-facto review hearing, and routinely dismissing it has become a norm.
    • Imposition of huge sums for damages proved to be counterproductive in safeguarding environment.
    • Tribunal must ensure procedural integrity to ensure harmonious balance between justice and due process.

 

  • About NGT
    • Statutory body established under National Green Tribunal Act, 2010.
    • It is a specialized body equipped with necessary expertise to handle environmental disputes involving multi-disciplinary issues.
    • It is guided by principles of natural justice.
      • Not bound by Code of Civil Procedure, 1908 or Indian Evidence Act, 1872.
      • Composition: Headed by Chairperson who sits in the Principal Bench, and 
        • at least 10 but not more than 20 judicial members, and 
        • at least 10 but not more than 20 expert members.

 

NGT’s has jurisdiction over all civil cases under following Acts:

  • Water (Prevention and Control of Pollution) Act, 1974.
  • Water (Prevention and Control of Pollution) Cess Act, 1977.
  • Forest (Conservation) Act, 1980.
  • Air (Prevention and Control of Pollution) Act, 1981.
  • Environment (Protection) Act, 1986.
  • Public Liability Insurance Act, 1991.
  • Biological Diversity Act, 2002.
  • Tags :
  • Supreme Court
  • National Green Tribunal (NGT)
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