Professional Documents
Culture Documents
A presentation
BY
ISHWER SINGH
Ministry of Environment & Forests
Government of India
EXISTING ADJUDICATORY FRAMEWORK
2
EXISTING ADJUDICATORY FRAMEWORK
Cont.
The National Environment Tribunal Act, 1995: The Act provides for
strict liability for damages, caused by accident occurring while
handling hazardous substance and to provide relief and compensation
to the victims.
The Act, however, could not be enforced due to limited mandate.
3
Dimensions of the Challenge
4
Supreme Court’s directive to Constitute
Environmental Courts- Background:
6
Legislative Framework
8
Objective of the NGT
9
ESTABLISHMENT OF THE NGT
10
Composition of NGT
It Shall have :
a full time Chairperson; and
Not less than ten and not more than twenty full time Judicial
Members and not less than ten and not more than twenty full
time Expert Members
Chairperson may invite one or more experts, from out side,
having specialize knowledge to assist the Tribunal in a
particular case;
Chairperson to be appointed by Central Govt. in consultation
with Chief Justice of India; and
Judicial and Expert Members to be appointed on the
recommendation of a Selection Committee
11
Qualifications for Appointments
12
Term of Office
13
Original Jurisdiction
14
Schedule – I
15
What is ‘Substantial Question Relating to
Environment’?
Act,1977
Order of State Govt. u/s 2 of Forest (Conservation) Act,
1980
17
Appellate Jurisdiction
Contd.
Order of Appellate Authority u/s 31 of Air Act,1981
18
Award for Relief, Compensation and restitution
of damaged environment
19
Limitation of filing application and the
heads for claiming relief and compensation
20
Sch. – II: Heads of Compensation/Relief
21
Application to the Tribunal
22
Power and Procedure of NGT
23
NGT to follow certain principles
24
Orders of the NGT & Appeal to
Supreme Court
25
Penalty for Non-compliance of the
orders of NGT
For Companies:
26
Bar of Jurisdiction
27
Repeal and Savings
28
Expected Improvements
29
Expected Improvement
Contd.
NGT Act addresses the issue of lack of appellate
provisions under the Environment (P) Act & Forest
(Conservation) Act,
Unlike NEAA, the NGT shall also hear appeals against
refusal to grant Environment Clearances
Provides 2
nd Tier of appeal under certain legislations
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THANK YOU !