Write a note on the jurisdiction and powers of the National Green Tribunal under the National Green Tribunal Act, 2010.
CS Executive · Economic and Commercial Laws · PYQS · June 2016
Write a note on the jurisdiction and powers of the National Green Tribunal under the National Green Tribunal Act, 2010.
Answer & Explanation:
Chapter III of the National Green Tribunal Act, 2010 deals with jurisdiction and power of the National Green Tribunal. As per Section 14; National Green Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the Water (Prevention and Control of Pollution) Act, 1974; Water (Prevention and Control of Pollution) Cess Act, 1977; The Forest (Conservation) Act, 1980; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; Public Liability Insurance Act, 1991 and Biological Diversity Act, 2002. Section 15 of National Green Tribunal Act, 2010 empowers the Tribunal, by an order, to provide relief and compensation to the victims of pollution. National Green Tribunal to have appellate jurisdiction under Section 16 of National Green Tribunal Act, 2010. Under Section 19 the Tribunal has been empowered to regulate its own procedure and also not bound by the rules of evidence contained in the Indian Evidence Act, 1872. The Tribunal, for the purpose of discharging its functions, has been entrusted with the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit.
Topics: National Green Tribunal Act, 2010
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