How to file a complaint in National Green Tribunal (NGT)?

June 15, 2024
By Advocate Richa Relhan हिंदी में पढ़ें

Table of Contents

National Green Tribunal

What is the Jurisdiction of NGT?

When can a compensation claim be made?

How to file a complaint in NGT?

Principles of Justice adopted by NGT

Many of you would have heard of the National Green Tribunal (NGT). It has been observed that people are becoming increasingly aware of Green Laws and their Rights. This article explains when and how the NGT can be approached.

National Green Tribunal

On October 18, 2010, the NGT was established under the National Green Tribunal Act 2010, passed by the Central Government. Its primary purpose, as stated by this act, was to create an expeditious and cost-efficient venue for cases related to environmental protection, conservation of forests and compensation claims for impairment caused to people or property due to violations of environmental laws or conditions stated while granting permits.

The NGT has been authorised to hear all civil cases relating to environmental issues that are intertwined with the laws listed in Schedule I of the NGT Act. These include the following:
The Forest (Conservation) Act, 1980
The Environment (Protection) Act, 1986
The Biological Diversity Act, 2002
The Water (Prevention and Control of Pollution) Act, 1974
The Public Liability Insurance Act, 1991
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Air (Prevention and Control of Pollution) Act, 1981.

The NGT is empowered to address any violation as well as any order/decision taken by the Government concerning these laws. However, the National Green Tribunal lacks jurisdiction to hear matters under the Wildlife (Protection) Act 1972 or Indian Forest Act 1927 and other related legislation of individual states related to forests or tree preservation; hence any specific or substantial issues raised under these acts cannot be raised before it. One must instead resort to other means for raising them such as approaching State High Courts or Supreme Courts by way of filing a Writ Petition before them via Public Interest Litigation (PIL), or filing an Original Suit against relevant Civil Judge in their taluk where their project lies. The NGT follows a simple process for submitting an application to seek compensation for environmental damage or filing an appeal against a government order or decision. When no claim for compensation is involved, every application/appeal has a fee of Rs. 1000/-. When compensation is being sought, the fee will be one percent of the total compensation amount, with a minimum fee of Rs. 1000/-.

Talk to a Lawyer

What is the Jurisdiction of NGT?

In civil cases where a substantial question regarding the environment is involved, the NGT has the power to adjudicate. Any person seeking relief and compensation for environmental damage involving subjects in the legislation can file a complaint at the National Green Tribunal. Any individual or entity dissatisfied with an order or decision issued under one of the Acts in Schedule may appeal it through National Green Tribunal pursuant to their provisions of Act. NGT adjudicates matters that come under The Water (Control and Prevention of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act 1981, The Biological Diversity Act 2002, The Water (Control and Prevention of Pollution) Cess Act 1977, The Public Liability Insurance Act 1971, The Environment (Protection) Act 1986, and The Forest (Conservation) Act 1980.

When can a compensation claim be made?

A compensation claim can be made in the following scenarios:

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.
An application for grant of compensation, any relief or restitution of property or environment shall be entertained only if it is made within five years from the date on which the cause of action first arose.

Consult: Top Civil Lawyers in India

How to file a complaint in NGT?

Online petition filing makes it easier for applicants to follow the proceedings, gives users

convenient access to cases, and lets them know how cases are progressing. This facilitates their filing of answers in the event that the court requests them.

Complaints can be filed offline or online. The tribunal also entertains letter petitions in an offline mode. The NGT has a simple procedure for filing an application seeking compensation. The fees to be paid along with the application have already been discussed. On September 18, 2019, the NGT launched the e-filing of the complaint on its official website. The process for e filing of complaint is fairly simple:

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

Step 2: Click on the Applicant corner. We should first sign up as a user before filing the complaint.

Step 3: To file a complaint, we can sign up as individuals, Advocates, or representatives of a law firm, Institution, or the Government of India. Choose the appropriate designation and proceed.

Step 4: After filling out the required details in the boxes, click on submit. Then, you will receive the password on your registered email ID and mobile number.

Step 5: Access the application corner by entering your login and password.

Step 6: To access the User Account Home Page, click the NGT button to continue and accept the terms and conditions.

Step 7: Click the petition store to start the electronic filing process.

Step 8: Select "Petition filing," enter the petition's information in the fields, and then click "Save and Next" to proceed.Once the required fields have been completed, a reference number will be sent.

Step 9: Select the type of petitioner (individual, organization, or in-person), provide the necessary information, and press the "submit" button.

Step 10: Select the respondent type ("individual" or "organization") and add the relevant information. Select "Submit" by clicking the button.

Step 11: Complete the petitioner's representative's details.

Step 12: Choose "online" for generating an application and submit it, or choose "offline" to generate an application offline and convert it to PDF.

Step 13: Compile and submit the necessary supporting documentation for the complaint.There will be a final preview of the application.

Step 14: Proceed to the payment area and choose your preferred payment method. Click "Save and continue" once the payment method has been chosen. Once payment is received, the application is complete.

Online petition filing makes it easier for applicants to follow the proceedings, gives users convenient access to cases, and lets them know how cases are progressing. This facilitates their filing of answers in the event that the court requests them.

Talk to a Lawyer

Principles of Justice adopted by NGT

The NGT is not bound by the procedural norms established under the Code of Civil Procedure, 1908. Yet, it is guided by principles of natural justice. Furthermore, NGT is mandated to follow legal ruled of evidence as enshrined in the Indian Evidence Act, 1872. This makes it comparitively easier (as opposed to approaching a court) for conservation groups to present factual evidence and issues before the NGT, including technical deficiencies in a project or suggesting alternative approaches to minimize environmental damage which have not been previously considered. The NGT is to apply principles of sustainable development, the precautionary principle, and the polluter pays principles when passing orders/decisions/awards. However, it is pertinent to note that if the NGT holds a claim to be false, it can impose costs, including lost benefits resulting from any interim injunction. Common Issues in the National Green Tribunal include matters pertaining to Environmental Clearance, Forest Clearance, Mining, Forest Conservation, Coastal 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 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 Tribunal aims to regularize the functioning and not bar or cause hindrance for Common People, Entrepreneurs, Industrialist, etc.

National Green Tribunal

The NGT has been authorised to hear all civil cases relating to environmental issues that are intertwined with the laws listed in Schedule I of the NGT Act. These include the following:
The Forest (Conservation) Act, 1980
The Environment (Protection) Act, 1986
The Biological Diversity Act, 2002
The Water (Prevention and Control of Pollution) Act, 1974
The Public Liability Insurance Act, 1991
The Water (Prevention and Control of Pollution) Cess Act, 1977
The Air (Prevention and Control of Pollution) Act, 1981.

What is the Jurisdiction of NGT?

When can a compensation claim be made?

A compensation claim can be made in the following scenarios:

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.
An application for grant of compensation, any relief or restitution of property or environment shall be entertained only if it is made within five years from the date on which the cause of action first arose.