Procedure to file case against govt in NGT, please suggest.

667 votes

You can file an application for seeking compensation for environment damage or you can also file an appeal against a governmental order or policy (as is your case)

For every appeal where no compensation is sought a 1000 ruppes fees is to be paid and where the compensation is sought the same fee would be 1% of the compensation subject to a minimum of 100 rupees

The NGT is not bound by the code of civil procedure or the Indian evidence act it shall be guided by principal of natural justice

Please consult for more information

Avocate Jaskirat Singh LawRato

540 votes

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 etc. Meet for action.

Advocate Lalit Kumar Sharma LawRato

654 votes

If the rules itself are a subject of challenge, one can even consider filing writ petition (PIL) before HC/ SC, especially if it's ultra vires of the basic constitution. Alternatively go through the NGT act to understand its mandate and maintainability of your petition.

LawRato LawRato

785 votes

an original application may be filed with NGT . If the application is allowed the same will carry national effect
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Advocate Anuj Chauhan LawRato

818 votes

sir
first of all it is important to know that whether you want to challenge the statutory rules or only some notification or guidelines because in doing both there is a difference since in NGT we cannot challenge any statute as to its validity, correctness, etc, it can only be done in the High Court or in Supreme Court which can be done by way of a writ petition and in the same all your study and suggestions can be incorporated whereas even otherwise if you want to pursue any case in NGT i can help you out for filing a petition which may carry your research and the suggestions to the said rules/bill and seek directions for incorporating the same.

Advocate Harshit Jain LawRato

800 votes

I am answering this query with great interest in this subject. In total agreement with you as regards the rules not being adequate. The MSW Rules 2016 are notified by Ministry of Environment, Forest and Climate by the central Government in April 2016 it is covered by Environment (protection) Act, 1986. To challenge the Rules or any provision or central government regulation you are required to file Writ Petition. The NGT does not have power or jurisdiction to adjudicate challenge to any rules or statues. Therefore to challenge rules it will be appropriate to file writ petition. In case you have further queries you may get back to me

Advocate Manisha T Karia LawRato