NGT - POLITY
News: Situation
far from satisfactory: NGT on Delhi govt report on Yamuna restoration
What's in the news?
● The
situation continues to be far from satisfactory as far as water quality is
concerned,” the National Green Tribunal (NGT) observed in an order on the
rejuvenation of the Yamuna River in Delhi.
Key takeaways:
● The
tribunal referred to a status report on the rejuvenation of the river submitted
by the Delhi government to note that the dissolved oxygen level “is nil at most
locations”.
● It
also reported that fecal coliform is very high and parameters of pH, COD
(chemical oxygen demand) and BOD (biochemical oxygen demand) are also exceeding
except at Palla and Wazirabad upstream.
National Green Tribunal:
● It
is a statutory and a specialized body set up under the National Green Tribunal Act (2010) for effective and expeditious
disposal of cases relating to environmental protection and conservation of
forests and other natural resources.
Benches:
● New Delhi
is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of
sitting of the Tribunal.
Case deadline:
● NGT
is mandated to make disposal of
applications or appeals finally within 6 months of the filing of the same.
Composition:
● The
Tribunal comprises the Chairperson, the
Judicial Members and Expert Members.
● They
shall hold office for a term of three
years or till the age of sixty-five years, whichever is earlier and are not
eligible for reappointment.
● The
Chairperson is appointed by the Central Government in consultation with the
Chief Justice of India (CJI).
● A
Selection Committee shall be formed by the central government to appoint the
Judicial Members and Expert Members.
● There
are to be at least 10 and maximum 20
full time Judicial members and Expert Members in the tribunal.
Powers and jurisdiction:
● Established
for effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources.
● It
has appellate jurisdiction to hear appeals as a Court.
● The
Tribunal is not bound by the procedure laid down under the Code of Civil
Procedure, 1908, but shall be guided by
principles of natural justice.
Other Provisions:
The
NGT Act also provides a procedure for a penalty
for non-compliance:
● Imprisonment
for a term which may extend to three years
● Fine
which may extend to ten crore rupees, and
● Both
fine and imprisonment.
Appeal Mechanism:
● An
appeal against order/decision/ award of the NGT lies to the High Court and the Supreme Court, generally
within ninety days from the date of the communication.
Jurisdiction of NGT:
● The
Water (Prevention and Control of Pollution) Act, 1974
● The
Water (Prevention and Control of Pollution) Cess Act, 1977
● The
Forest (Conservation) Act, 1980
● 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.
Exceptions:
● Wildlife
Protection Act, 1972
Forest Rights Act, 2006