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

March 28, 2024 हिंदी में पढ़ें


Table of Contents

  1. National Green Tribunal
  2. What is the Jurisdiction of NGT?
  3. When can a compensation claim be made?
  4. 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 brought into existence under the National Green Tribunal Act 2010, passed by the Central Government. The primary aim of the Central Government, as outlined in the act, was to bring forth a specialized forum for swift and effective facilitation of cases relating to environment protection, conservation of forests, and seeking compensation for impairment caused to people or property on account of violation of environmental laws or conditions stated while granting permissions.

  • 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 adress any violation as well as any order/decision taken by the Government concerning these laws. However, the NGT does not have the jurisdiction to hear any matter under the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927, as well as various laws enacted by States relating to forests, tree preservation, etc. As a result, specific and substantial issues relating to these laws cannot be raised before the NGT. One is required to pursue alternative means such as approaching the State High Court or the Supreme Court via a Writ Petition (PIL), or by filing an Original Suit before a relevant Civil Judge in the taluk where the project in question is situated. 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 iis 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/-.


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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. Also, any person aggrieved by an order or a decision of appellate authority under the acts in the schedule may file an appeal to the National Green Tribunal by the provisions of the Act. NGT adjudicates on matters coming 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.

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How to file a complain in NGT?

The filing of petitions online helps the applicants to track the proceeding, the users have easy access to the cases and they will be able to know the status of the case through this portal. This also helps them to file their responses when the court seeks 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: Go to 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: Using the username and password, log into the application corner. Step 6: Click on the NGT button to proceed and agree to the terms and conditions to reach the User Account Home Page. Step 7: To initiate e-filing, click on the petition store. Step 8: Click on petition filing, fill in the details of the petition in the boxes and click on the 'save and next' button to continue. A reference number will be given after filling in the basic details. Step 9: Choose the petitioner type from the organization, individual and in-person and add the required details of the petitioner and click the & lsquo submit' button.

Step 10: Choose the type of respondent from & lsquo organization or & lsquo individual' and add the details. Click the & lsquo submit' button. Step11: Fill in the details of the representative of the petitioner. Step 12: Select & lsquo online' to create and submit an application or select & lsquo offline' to generate an offline application and convert it to pdf. Step 13: Add the required documents for the complaint and submit them. A final preview of the application will appear. Step 14: Move on to the payment section and select the mode of payment. After selecting the mode of payment click on & lsquo save and continue. The application is complete after the payment.

The filing of petitions online helps the applicants to track the proceeding, the users have easy access to the cases and they will be able to know the status of the case through this portal. This also helps them to file their responses when the court seeks them.


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.



These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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Comments by Users


Monica
I live in a high rise in Gurgaon. For the past 2 years, I have been observing that trees are being cut in our society incessantly and without any permission. Will NGT take any action regarding this?

Reply by LawRato
As per a recent 2021 judgement of the Supreme Court the National Green Tribunal is declared to have been vested with suo motu powers to take cognizance on the basis of letters, representations and media reports. "Suo moto" means "on its own motion," which means that if the NGT becomes aware of an environmental issue that requires its attention, it can take action on its own without receiving a formal complaint or petition.
However, the NGT usually prefers to take suo moto action only in cases of extreme urgency or in cases where the violation of environmental laws is widespread and affects a large section of the population. In most cases, it is advisable to file a complaint or petition with the NGT as per Section 14 of the NGT Act, 2010 if you have information on environmental violations or if you are aggrieved by any such violations within 6 months of the emergence of cause of action.

Kunal
NGT affidavit what stamp value should be used if in Pune

Reply by LawRato
For applications to NGT that do not involve compensation, a fee of Rs 1000 must be paid to the NGT while filing the case while for applications seeking compensation a fee which is one percent of the compensation claimed or a minimum of Rs 1000 is to be paid.

It is recommended that you consult a Pune based lawyer or contact the appropriate government authority for the latest and most accurate information on the matter. They can provide you with the necessary guidance and support you need to complete the affidavit process.

deepak ahuja
We have unauthorized and illlegal building which was constructed on residential plot . Since 2000 onwards , building is being used for Wedding ceremonies without any due procedure.

Reply by LawRato
A complaint against an illegal construction can be made to the appropriate municipal authorities of your area (for example MCD in Delhi). Depending upon where you live, complaint could also be made online on the authority’s web page.

A complaint can also be made to the High Court under Article 226 of the Constitution

Make sure you take enough evidence i.e. photos and videos of the construction / building / nuisance being caused. According to Supreme Court orders, banquet halls cannot be constructed in residential areas.

Rajeev kelkar
We are living in gwalior and are getting rid of noise due to loud speakers around us. Will ngt help us to resolve this problem

Reply by LawRato
The Hon'ble Supreme Court of India in it's judgment titled, 're noise pollution - implementation of the laws for restricting use of loud speakers and high volume producing sound systems' and the Noise pollution (regulation and control) Rules 2000 have been put in place to control noise pollution from the use of loud speakers. If the use of such loud speakers near your house is in violation of the above noise rules or law laid down by the Hon'ble Supreme Court, you may lodge a police complaint and can also approach the NGT over the failure on part of the state agencies in enforcing the rules and regulations in this regard.

Gurumanoj G
In our village stone quarries are mined now illegally. There are heavy fire powers used causing air pollution and animals dislocation. Can the NGT help? Though complains made no proper actions taken.

Reply by LawRato
Yes, a complaint can be made to the NGT both online and offline regarding this. You can follow the procedure stated in the article above.

Mudassir
In our locality, due to poor sewage management, sewage water is flown into government pond which overflows and enters in our houses.

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice. 

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RAJANI MOHAPATA
MORE AND MORE CONSTRUCTION WORK IS ACCELERATING AT THE KHUNTESWARI HILLS OF OUR CITY..ISNT NOT NECESSARY TO GET THE PERMISSION FROM NGT BEFORE ANY COSNTRUCTION AT THE HILL AREA....GANJAM ODISHA

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice. 

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s. gowri
sir our village have lot of issues by sand quarry ',the sea watter trespassed and drinking water polluted, quary are taken sand more than the permitted level. how we get remedy from the issues

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice. 

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O P Ahlawat
Ours is a 20 houses society With four blocks & Lift was not provisioned. Now society wants lift by using small garden area. Is it legal to finish the green belt/garden? Jaipur

Reply by LawRato
Since your question is very specific and requires more information in order to guide you better, it is advised that you click on the link below and send in your query for Free Legal Advice. 

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Louis Xavier
We are in Kerala where since the NOR 2000 was passed no action has ever been taken against noise polluters. Can we approach NGT for directions the Government?

Reply by LawRato
Yes, one can approach the National Green Tribunal seeking directions against the state government for ignoring blatant violation of laws laid down with respect to noise pollution. The National Green Tribunal in a recent judgment has issued directions to the Rajasthan state government for controlling noise pollution, acknowledging that the right to live in an atmosphere free from noise pollution is guaranteed by Article 21 of the Constitution. The NGT can pass orders to the state to abide by the legal framework in regard to noise pollution, including guidelines passed by the judiciary in this regard.  

Lalit
What about of burning coal in residential area.

Reply by LawRato
National Green Tribunal entertains petitions that involve damage to environment. You can take the help of a lawyer by clicking on the link below and will be given advice as to whether you should take the approach under criminal law and tort for nuisance, or through NGT, etc. 

You can connect with a lawyer by clicking on the link below

Top Lawyers in India 

Rawat
Gram sabha land and forest land is being used for garbage dumping and illegal Bangladeshi migrants. Causing unbearable living condition for residents. How NGT can be approached

Reply by LawRato

Although encroachment of public land by immigrants does not fall within the jurisdiction of the NGT, you can approach the NGT for the garbafge dumping by making out an appropriate application. Such application can be filed online as well as offline. To file an application online, one can visit the website of NGT, register and file the application along with the requisite fee. Similarly, for offline mode, an application can be filed with the registrar of the NGT, or any officer authorised by the Registrar in this regard, accompanied with the requisite fee. It is advisable to engage the services of an environmental lawyer enable you accurate advise on the facts of your case and appropriate representation before the NGT.

Bharti
Hamarye ghar par tower lagaya ja raha hai jo ki hum or humara samaj nahi chata hum kya karye kuch bhi action nahi ho raha hai police side sy

Reply by LawRato
You can file a complaint with the National Green Tribunal (NGT) if a tower is being put over your house without your consent.

The NGT is a statutory body that has been set up to protect the environment and to prevent pollution. It has the power to take action against anyone who is found to be causing environmental damage.

Pravin Patel
Yes we are facing problems of Mosquotos regulary due to living near Sabarmati river in which Grass is grew and what is dryed.

Reply by LawRato
If you are facing the issue of too many mosquitoes, you can file a complaint to the Municipal corporation of your respective city. A lot of municipal corporations also have official websites with grievance redressal portals where you can file a complaint online.

BHAVAK PARASHER
COST OF HIRING ADVOCATES IS VERY HIGH TO GO TO NGT

Dattatraya Devale
Payment of NGT Fees Bank Account Details please give

Dr G Ranganathan
Very useful kindly give examples for selecting petitioner and respondent types. Ex company, forum, association ...Can they be individual? Respondent....State Govt is it organisation?

BINOD KUMAR CHOWDHURY
IS IT COSTLY OR FREE

V MURALI KANNAN
Useful info about NGT

Saibal Betal
We are living in a dirty & unhealthy place, garbage are stuck day after day,

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please share more info on filing procedure for ngt complants

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how to calculate compensation?

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very informative article on ngt complaints

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how to check the status of complaint on national green tribunal webpage?

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what is the fees for filing a complaint in ngt?

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Detailed and informative.

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very helpful

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good legal subject

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Very helpful in understanding the law.

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who can I contact for my legal case?

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good work

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Very good work with the article. Gave a nice clarity about the subject.

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thanks for the information

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nice article. Thanks for the information

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I want to know more about this law. Good work

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good advice. Who can I contact for my legal issue?

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excellent article. Very informative

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thanks for the advice

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I have a case. Who can I contact?

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thank you for the article

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very good article. Can you tell me more about the law?

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needed more information. Where to call?

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nice one. Please share more info

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helpful in understanding the law

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