Whether National Green Tribunal (NGT) has power to hear civil matters related to environmental laws? If yes, under which enactments? Also, explain whether the provisions of the Civil Procedure Code applies to the proceed
CS Executive · Setting up of Business Entities and Closure · PYQS · December 2020
Whether National Green Tribunal (NGT) has power to hear civil matters related to environmental laws? If yes, under which enactments? Also, explain whether the provisions of the Civil Procedure Code applies to the proceedings before NGT?
Answer & Explanation:
National Green Tribunal (NGT) established for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. The NGT has a power to hear all civil matters which are related to environment and questions regarding the enforcement and implementation of laws which fall under the: The Water (Prevention and Control of Pollution) Act, 1974; The Water (Prevention and Control of Pollution) Cess Act, 1977; 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. The NGT has been given the power to regulate the procedure by itself. It does not follow the principles of Civil Procedure Code instead it follows principles of natural justice. The NGT also at the time of giving orders shall apply the principles of sustainable development and also the principle that the one who pollutes shall pay. It will have the same power as of the Civil Court in deciding the matter falling within these seven legal acts. NGT will also not be bound by the rules of evidence as mentioned in the Indian Evidence Act.
Topics: Environmental Laws
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