The National Green Tribunal (NGT) has played a pivotal role in shaping environmental law in India. Established in 2010, the NGT was created to ensure the expeditious disposal of cases related to the conservation of forests, protection of the environment, and natural resources. Over the years, the NGT has delivered several landmark judgments that have had a lasting impact on the environment and the lives of people in India. 

How the NGT Came Into Force

Before going into the landmark judgments, it is essential to understand the background and significance of the NGT. The NGT was established through the National Green Tribunal Act, 2010, with the objective of providing a dedicated forum for the resolution of environmental disputes. Inspired by Article 21 of the Indian Constitution, which guarantees the right to a healthy environment, the NGT ensures the protection of this fundamental right by expeditiously addressing cases related to the conservation of forests, protection of the environment, and natural resources.

The NGT operates through its principal bench in New Delhi, along with several zonal benches located in Pune, Bhopal, Kolkata, and Chennai. These zonal benches have jurisdiction over a specified geographical territory, covering multiple states. With its establishment, the NGT has become a vital institution in the Indian legal system for addressing environmental concerns.

1. Ms. Betty C. Alvares vs. The State of Goa and Ors.

One of the significant judgments passed by the NGT is the case of Ms. Betty C. Alvares vs. The State of Goa and Ors. In this case, a complaint was filed regarding various instances of illegal construction in the Coastal Regulation Zone of Candolim, Goa. The petitioner, Ms. Betty C. Alvares, was a foreign national who challenged the maintainability of the main application due to her non-Indian citizenship.

The NGT, in a bold move, recognized the right of any individual, regardless of their nationality, to file a proceeding related to environmental disputes. The tribunal interpreted the word "person" in the National Green Tribunal Act, 2010, broadly to include both Indian citizens and non-citizens. By doing so, the NGT upheld the petitioner's right to seek the demolition of illegal constructions and emphasized that nationality should not be a barrier to seeking environmental justice.

2. Almitra H. Patel & Ors. vs. Union of India and Ors.

The case of Almitra H. Patel & Ors. vs. Union of India and Ors. dealt with the issue of solid waste management in India. The petitioners sought immediate improvements in the practices adopted for the treatment of municipal solid waste or garbage. The NGT observed that a significant amount of raw garbage was being dumped without proper treatment, causing environmental hazards.

Recognizing the magnitude of the problem, the NGT issued over 25 directions to address the issue of solid waste management. The tribunal directed all states and Union Territories to implement the Solid Waste Management Rules, 2016, and prepare action plans within a specific timeframe. Additionally, the NGT mandated proper segregation of waste before processing in energy plants, the provision of buffer zones around plants and landfills, and the prohibition of open burning of waste. This judgment highlighted the urgent need for a comprehensive waste management system in India.

3. Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co. Ltd. & Ors.

In the case of Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydro Power Co. Ltd. & Ors., the NGT addressed the liability of a power company for the damage caused by the 2013 Uttarakhand floods. The petitioners alleged that the first respondent had dumped a significant amount of muck during the construction of the Srinagar Hydro Electric Project, which contributed to the flood damage.

The NGT held that the damage to the property was not solely an act of God but was also the result of the respondent's negligence. The tribunal invoked the principle of "No Fault Liability" under Section 17(3) of the National Green Tribunal Act, 2010, and held the power company liable to pay compensation for the damage caused. This judgment underscored the importance of holding polluters accountable for their actions and ensuring that they bear the cost of environmental damage.

4. Samit Mehta vs. Union of India and Ors.

In the case of Samit Mehta vs. Union of India and Ors., the NGT addressed the issue of environmental damage caused by the sinking of a ship named M.V. Rak. The ship was carrying a significant amount of coal, fuel oil, and diesel, and its sinking resulted in the formation of a thick film of oil on the sea surface and damage to the marine ecosystem.

The NGT held the respondents responsible for negligence and non-compliance with pre-voyage due diligence. Invoking the "Polluter Pays" principle, the tribunal directed the respondents to pay substantial environmental compensation to the Ministry of Shipping, Government of India. This judgment served as a precedent for holding private entities accountable for environmental damage and promoting the principle of polluter responsibility.

5. Save Mon Region Federation and Ors. vs. Union of India and Ors.

The case of Save Mon Region Federation and Ors. vs. Union of India and Ors. involved an appeal against the grant of environmental clearance to a hydro project located near the wintering site for the Black-necked Crane, a Schedule I species under the Wildlife Protection Act, 1972. The project posed a significant threat to the bird's habitat and other endangered species in the area.

The NGT suspended the environmental clearance granted to the project and directed the Environmental Appraisal Committee (EAC) to conduct a fresh appraisal. The tribunal also instructed the Ministry of Environment and Forest to conduct a separate study on the protection of the Black-necked Crane. This judgment exemplifies the NGT's commitment to the conservation of endangered species and the protection of ecologically sensitive areas.

Conclusion

The NGT has emerged as a crucial institution for environmental protection in India. Through its landmark judgments, the NGT has established important principles such as the right of non-citizens to seek environmental justice, the polluter pays principle, and the liability of private entities for environmental damage. These judgments have contributed significantly to shaping environmental law in India and ensuring the conservation of natural resources.

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