Sarita is housewife and looking after her 2 children below age of 5 years. After death of her husband, she is doing part time job for survival. She is living in remote area, where lot of factories are violating pollution
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2022
Sarita is housewife and looking after her 2 children below age of 5 years. After death of her husband, she is doing part time job for survival. She is living in remote area, where lot of factories are violating pollution control norms and infecting the human life. She as an aggrieved person wants to file a suit in the National Green Tribunal (NGT). Elucidate the Procedure for filing a suit in NGT.
Answer & Explanation:
Any person who has sustained the injury can file a suit in the National Green Tribunal (NGT). The suit can also be filed by a person who is the owner of the property to which the loss is caused. In case there is a death as a consequence of damage then the legal representative of such a person can file a case. The government or the government agencies related to environment can file a suit in place of that person like the central or the state government or the central pollution control board or state pollution control board. According to the NGT (Practices and Procedure) Rules, 2011, an Application shall be made to the Tribunal in Form I. If the Application is for relief and compensation, it shall be made in Form II with annexures and other requirements as prescribed. The period for filing a suit with NGT is up to 5 years from the date on which the cause for compensation arose. However if the tribunal has sufficient grounds for believing that the person has reasonable cause that prevented him from filing a suit in NGT than it can extend the period for a maximum of sixty days. A person can argue his own matter before the tribunal and he does not need to be an advocate to do so. If a person is not satisfied with the orders of the tribunal he can seek the review of the decision of NGT under Rule 22 of the NGT Rule. If a person is not satisfied with the decision of the tribunal he can file an appeal to the Supreme Court of India. But the appeal has to be filed within ninety days of the orders passed by NGT.
Topics: Environmental Laws
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