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National Green Tribunal Practice

The National Green Tribunal was established under the National Green Tribunal Act, 2010 for quick disposal of disputes and matter connected to environment. This Quasi-Judicial body has original and as well as Appellate jurisdiction to matters connected to protection of environment and conservation of natural resources and thereby can entertain applications and appeal petition against orders passed under the various environmental laws provided under the schedule I of the Act. The tribunal is also bestowed with the power of giving appropriate relief and compensation for damages to persons and property affected by environment pollution and environment degradation.

National Green Tribunal Act 2010

The Tribunal is comprised of Judicial Members (retired High Court Judge) and Expert members consisting of environmentalist, person having expertise in environment matters giving a more inclusive approach to disposal of environmental issues. The tribunal is not bound by the procedure laid down by Civil Procedure Code 1908 (CPC) and rules of evidence as provided under the Evidence Act, 1872 though it is vested with the same power as is vested in a civil court under CPC and may issue summons, receive evidence on affidavits and seek production of documents as per the respective laws. The tribunal proceeding are governed by the principles of Natural Justice. The Principal bench of the Tribunal is situated at New Delhi R.K Puram and regional benches are also situated in other parts of India that include Bhopal, Chennai, Kolkata and Pune.

Any person aggrieved from the order of the Tribunal may appeal to the Supreme Court of India and the jurisdiction of other civil court has been ousted by virtue of the National Green Tribunal Act 2010 in respect of matters that are exclusively dealt by the tribunal. These include matter connected to enforcement of legal right or matters connected to environment under the Air Act 1981, Water Act 1974 and 1977, The Environment (Protection) Act 1986, Forest (Conservation) Act 1980, The Public Liability Insurance Act, 1991 and The Biological Diversity Act 2002.

The decisions rendered by the Tribunal are binding on the parties and are guided by principles of Sustainable development, Precautionary principle and Polluter pays principle. These decisions are executable just as decree of civil court with the tribunal bestowed with the same power as vested in civil court. The parties that fail to comply with the decision or award of the tribunal are punished with an imprisonment or fine.

Services rendered by Law Senate on NGT

Our Firm Partners have rich experience of handling disputes pertaining to environment protection and conservation of natural resources and have represented both the victims of environment pollution and degradation and companies facing issues of environment clearance in infrastructure projects at the Tribunal, State Pollution Control Boards and other Authorities.

Our Firm have environmental lawyer with vast experience of handling environmental disputes at the tribunal and handling appeals against the orders of State Pollution Control boards, State government, State Appellate Authorities, determinations under Biological Diversity Act, 2002 and orders of environmental clearance for industries under The Environment (Protection) Act, 1986.

Our Firm Partners are Advocate-on-Record and have vast experience of handling Appeals and Special Leave Petitions (SLP) to the Supreme Court of India. We also have experience of handling appeals to the regional benches of the Green Tribunal especially situated at Chennai and Pune. 

Supreme Court Appeals:

Any person aggrieved from the order of the Green Tribunal may appeal to the Supreme Court of India by way of an Appeal. The partners of Law Senate Mr. S. Ravi Shankar and Mrs. Yamunah Nachiar are qualified Advocates on Record. Only advocates on record qualified in the examination conducted by the Supreme Court of India can file Appeals in the Supreme Court of India and hence the Firm is able to serve its clients better.