Chronicling the Tribunals: The National Green Tribunal

Established in 2010, the National Green Tribunal in New Delhi is a sight to behold! Staying true to its field of expertise, the NGT building is surrounded by green cover..Litigants, often challenging big corporations or governmental clearances, are met with neatly trimmed lawns as they enter the tribunal. While the entrance itself is swathed in hues of green, the perimeter of the building also boasts of various potted plants that are meticulously lined up along the way to the Registry, Filing Section and other important offices housed at the back of the building..Where? .The NGT is located at Faridkot House on Copernicus Marg in Delhi. As picturesque as the building is, the absence of a designated parking facility does pose a few problems..Jurisdiction.The Principal Bench is situated in New Delhi while other Benches are functioning in Bhopal, Pune, Kolkata and Chennai. The NGT is governed by the NGT Act of 2010, and can entertain the following kinds of cases:.-All civil cases involving a pertinent question related to the environment and consequential legal rightsAppeals from orders passed under laws such as Water (Prevention and Control of Pollution) Act 1974, the Biodiversity Act 2002 etc.Compensation to victims of environmental pollution, damage etc..Approaching the NGT.The format for the filing of a fresh Application or Appeal is the standard format like any other Court or Tribunal. [Form – I of the National Green Tribunal (Practice and Procedure) Rules, 2011]..There is no bar on any individual filing an Application on his/her own and if one goes by the verdict of lawyers frequenting the NGT, the Tribunal has a rather liberal approach in dealing with matters filed by Petitioners-in-person..One lawyer who frequents the NGT, tells me that Benches often accept letters or a brief report by an individual as a fresh application; without troubling the parties over the manner of drafting, framing of issues etc. The lawyer also lets me in on another interesting fact – letters are often posted in the Bar Room for the N.G.T. Bar Association to take cognizance of the matter and file a case..The Registry of the Tribunal, while being efficient, isn’t exactly the most accommodative place for someone who is new to the filing procedure. Blame it on the workload, but the Registry officials offered little assistance when it came to understanding the nuances of filing..Thankfully, a helping hand is not too difficult to find. A lawyer whose matter is adjourned (for the third time and for no ‘good reason’, she would later tell me) helps guide me through the filing process..I learn that the Court Fee for a fresh Application is divided in two parts:.1. Where compensation claimed- The fee is 1% percent of the compensation claimed, subject to a minimum of one thousand rupees..2. Where compensation not claimed – The fee is Rs. 1,000/-.The usual rules relating to a plaint by an indigent person as laid down in CPC also apply here. The original copy of the fresh Application must be accompanied by an Affidavit of the Applicant and the entire set must be filed in quintuplicate (1 + 5 copies)..If there are no defects, fresh matters generally get listed within a week. That is quick moving for a Tribunal which has a statutory mandate of disposing cases within six months from the time of filing..Statistics.As per data provided by the NGT, a total of 7,768 cases have been instituted across the five zones, of which 5,167 cases have been disposed of. Till January 1 this year, a total of 2,601 cases are currently pending before the tribunal..A zone-wise breakup is provided below.According to the NGT’s Deputy Registrar, these.Average no of matters filed monthly = 100 to 150Period taken for complete hearing: 6 to 7 monthsPeriod between judgment and date it has been reserved: 15 to 30 days.How?.The Tribunal has three judicial members and nine non-judicial expert Members (at the Principal Delhi Bench) sitting in three Benches..Presently, the Tribunal is headed by ex-Supreme Court Judge Swatanter Kumar who resigned from the Apex Court after being appointed as the head of the Tribunal. It was an appointment made less than two weeks before he was due to retire..From the court.Going by inputs from various lawyers and from my personal experience of being present in Court, an average day at NGT sees a lot of angry shouting and threats from the Bench to government counsels. The evident cause for this is the filing of ‘vague affidavits’ that make “absolutely no sense” and “raise more questions than they answer”..A good day (for the government) can be described as one where they get away with an adjournment and some harsh remarks from the Bench. A bad day sees multiple contemptuous remarks and caustic threats of issuing Bailable/Non-Bailable Warrants against the Secretary of the concerned department..On the one hand, I see a sizeable number of government officials, worrying about a possible reprimand. On the other, an excited bunch of environmental activists who usually have a field day..Lawyer speak.Pros: One lawyer described the Tribunal as being sufficiently staffed to carry on its daily duties. He says that practicing in the NGT is a boon only because of how the Registry efficiently manages files so as to not trouble litigants and lawyers alike with the prospect of missing files (a frequent occurrence in other tribunals, he claims). The cause list is quite accurate and the Benches sit regularly, without frequent instances of absenteeism..Cons: A feeling which is a uniform grouse with every lawyer that I spoke to, is that the NGT is all too eager and active in exceeding its jurisdiction whilst passing orders that grab headlines more than adhering to the mandate invested with the Tribunal. A lawyer, in a highly critical tone, berates the Tribunal for passing ‘sweeping orders’ such as ban on diesel vehicles, the ban on real estate construction in Noida etc., which in his opinion lack the feasibility of effective implementation. He also rues the stunted growth of environmental jurisprudence, a function which he rightly agrees should be one of the foremost of such specialized bodies..Yet another critical aspect highlighted by frequent practitioners is how the Tribunal takes suo-moto cognizance of issues, without being expressly allowed to do so under the National GreenTribunal Act, 2010. Such an act, as per most lawyers, is questionable and liable to challenge before the Supreme Court or the High Court..Then there are the infrastructural infirmities. For instance, since one stenographer is provided to the Chairman and each Member so if the Chairman and four other Members sit on one bench, then there are five different stenographers in the Court Room taking down the same Order! So more than lack of infrastructural support, the Tribunal seems to be in need of a better mechanism to distribute its human resources..Verdict.The NGT was established with a noble intent of protecting the environment and overseeing the conservation of forests along with other natural resources; an area which has borne the maximum brunt of increasing urbanization. But off late, it has been overstepping its boundaries and not always in good measure. Going by the views of the lawyers, this does not seem to give out a right message..Post script.It was raining the day that I visited NGT. To my surprise, I saw a peacock perched comfortably on the far end of the front lawn and strolling merrily over the wet grass. I would have almost missed it in my hurry to avoid getting drenched. Where the janta was busy scurrying for cover in the never-ending downpour, here was this creature; unfazed by the mayhem and lazily enjoying the Delhi monsoon..A pretty picture for a beautifully housed Tribunal..Also read our review of the National Consumer Dispute Resolution Commission.