Procedure to file complaint in NGT

573 votes

You just need to file a RTI on the said construction. Further he will be asked to submit the permissions if he has otherwise court will put permanent injunction on his property. For any further details and queries contact the undersigned
Regards
Ruchit Dugar
Advocate

Advocate Ruchit Dugar LawRato

509 votes

Sir, it's very important matter and requires urgency in filling case in respective authority within time as these days such kind of greedy people are many and their is need to teach them a good lesson for safety and security of environment for all citizen. Therefore, kindly give me all necessary details of yours to file case in court/tribunal as early as possible.

Advocate Tejasvi Goel LawRato

856 votes

There is no procedure as such you may address your grievances in writing to the tribunal and tou will be called for hearings;There are other remedies as well you can file a writ and you can also file a complaint with the SDM of your zone stating your difficulty .

Advocate Nishant Solanki LawRato

914 votes

You did not cleared that what kind of complaint you want to file before the national green tribunal.
There is simple procedure to file a complaint before national green tribunal.
Firstly, you may clear the basis of complaint.

Advocate Vikash Kumar LawRato

862 votes

NGT can be approached in 3 circumstances. Firstly if an industry is causing any pollution, then the Environmental Clearance granted to the industry can be challenged. Provided the challenge is made within a maximum of 90 days from wen the clearance is granted. Secondly, in cases of general environmental pollution issues (including pollution caused by industries), NGT can be approached by filing an application under Section 14 where the time period to file an application is 6 months. However if the pollution is being continually caused, the 6 months time period won't be a bar from filing an application. Lastly, in cases of any environmental accidents, pollution etc wherein damage is caused to victims (such as gas leaks, oil leaks, waste disposal etc), then NGT can be approached by filing an application. In this case the time period is 5 years 60 days.

The form in which an appeal and an application has to be filed is provided under the Rules. Additionally one will also require a demand draft of Rs. 5000/- to be submitted as court fees.

Advocate Asif Ahmed LawRato

995 votes

BY ADVOCATE RICHA RELHAN

Many of you would have heard of the National Green Tribunal (NGT) and it has been observed that people are becoming more and more aware about the Green Laws and their Rights. This short primer explains how, when and where to approach the NGT.

The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government. The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.

The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:

The Water (Prevention and Control of Pollution) Act, 1974;
The Water (Prevention and Control 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, 1991;
The Biological Diversity Act, 2002.

This means that any violations pertaining only to these laws, or any order / decision taken by the Government under these laws can be challenged before the NGT. Importantly, the NGT has not been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc. Therefore, specific and substantial issues related to these laws cannot be raised before the NGT. You will have to approach the State High Court or the Supreme Court through a Writ Petition (PIL) or file an Original Suit before an appropriate Civil Judge of the taluk where the project that you intend to challenge is located.

The NGT follows a very simple procedure to file an application seeking compensation for environmental damage or an appeal against an order or decision of the Government.
For every application / appeal where no claim for compensation is involved, a fee of Rs. 1000/- is to be paid. In case where compensation is being claimed, the fee will be one percent of the amount of compensation subject to a minimum of Rs. 1000/-.

A claim for Compensation can be made for:
Relief/compensation to the victims of pollution and other environmental damage including accidents involving hazardous substances;
Restitution of property damaged;
Restitution of the environment for such areas as determined by the NGT.
No application for grant of any compensation or relief or restitution of property or environment shall be entertained unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose.

Principles of Justice adopted by NGT

The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. Further, NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872. Thus, it will be relatively easier (as opposed to approaching a court) for conservation groups to present facts and issues before the NGT, including pointing out technical flaws in a project, or proposing alternatives that could minimize environmental damage but which have not been considered. While passing Orders/decisions/awards, the NGT will apply the principles of sustainable development, the precautionary principle and the polluter pays principles. However, it must be noted that if the NGT holds that a claim is false, it can impose costs including lost benefits due to any interim injunction.

Common Issues in the National Green Tribunal include matters pertaining to Environmental Clearance, Forest Clearance, Mining, Forest Conservation , Costal Zone Regulation , Cutting of trees, Illegal Constructions , Industrial Pollution and other Pollution issues. Any individual on either side of the forum i.e. A conservationist or be the one summoned by the Tribunal can avail remedies by being represented through their legal representative . It should not be misunderstood that the object of Green Laws in our Country and the aim of the Tribunal is to regularize the functioning and not bar or cause hindrance for Common People, Entrepreneurs ,Industrialist et

Advocate Poonam Atey LawRato

697 votes

You just give me a call I will let you know exact and appropriate answer about the said query. As it is quite teditious to file complain in NGT. Therefore, I will help you out in filling of the complain in the respective authority.

Advocate Tejasvi Goel LawRato

791 votes

The procedure is fairly simple. You have to file application before the relevant bench of ngt. Detailing the facts of case grounds relief seeked limitation etc. You can go through lawyer or do it on your own.

Advocate Charu Mathur LawRato