A year on, green tribunal remains a paper tiger

The National Green Tribunal (NGT) came into existence a year ago, but it is yet to become functional. Now, the Supreme Court has become the main driver pushing the environment ministry to get it going.

NEW DELHI: The National Green Tribunal (NGT) came into existence a year ago, but it is yet to become functional. Now, the Supreme Court has become the main driver pushing the environment ministry to get it going.

The Tribunal is the only body people can approach to appeal against any infringement of environmental laws. No other court in the country can entertain cases of civil liability when it pertains to green laws since the NGT has been set up — at least on paper.

Earlier, there was the National Environment Appellate Authority. That, too, worked with less than half the strength on bench. It was the only authority, where appeals could be filed against environmental clearances. The authority was wound up when the NGT was legislated, but the inordinate delay in rolling out the Tribunal has left appellants across the country in a limbo.

The Tribunal has still not got a building or financial support from the government. It has a chairperson and four out of the 10 'expert members' have been selected, including the recently retired environment secretary Vijai Sharma.

The rules for selection of members for the Tribunals had been held up because of a petition filed in the Madras High Court. However, it was removed by the Supreme Court when the Centre shifted the case to Delhi.

The apex court has had to push the government to provide support to the NGT. Earlier, the rules suggested that victims would have to pay upfront a percentage of what they claimed as compensation as fee to the court. The minister had to intervene to take back the provision even though he stated that it was legally tenable.
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The Tribunal is meant to have a maximum of 20 judicial members and an equal number of expert members, but the government is yet to hire them. Also, the registrar for the court is yet to be selected.
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