#National Green Tribunal (NGT)

[todayworldnews2k21]

NGT seeks response from authorities after contaminated water makes 300 ill

The bench asked to file their response in the form of an affidavit at least one week before the next date of hearing. 2 min read Last Updated : Oct 07 2024 | 6:44 PM IST The National Green Tribunal (NGT) has sought a response from authorities, including the district magistrate of Greater Noida, in a matter regarding the supply of contaminated water to a housing society. The green panel had…

[townpostin]

Jamshedpur Bhuiyandih Basti Demolition Case Heads to NGT

MLA Saryu Roy meets SC lawyer to represent Kalyan and Indira Nagar residents Jamshedpur slum dwellers seek legal recourse against demolitions, alleging flawed survey and guideline violations. JAMSHEDPUR – MLA Saryu Roy has engaged Supreme Court lawyer Sanjay Upadhyay to represent Kalyan and Indira Nagar slum residents in an upcoming National Green Tribunal hearing. The case, scheduled for August…

[seemabhatnagar]

Number of vehicles restricted on Manali Rohtang Pass

Court on its own Motion v. State of H.P. & Ors. 

Adverse impact of vehicular pollution on glacier, climate change and environment has led National Green Tribunal (NGT) to restrict the number of vehicles to 1000 on the road from Manali to Rohtang pass in Himachal Pradesh by its earlier order dt 23.04.2015 for tourism purposes on first come, first served basis.

Himanchal Taxi Operators Association Union had sought modification of the impugned Order on the ground that Rohtang/Atal Tunnel is completed and now more parking spaces is available at Gulaba, Marhi and Rohtang pass. The Union also contended that the data shows air quality has improved.

NGT observed that due to restricted number of vehicles air quality has improved cannot be presumed as a ground to allow plying of increase number of vehicles.

The argument of the Taxi Operators Union was due to increase tourism activities the number of vehicles permitted is not adequate and is required to be increased to 5000 vehicles per day between Manali & Rohtang.

Taxi Operators Association sought modification of the NGT order dt. 23.04.2015, the modification application was disposed of on 29.05.2015 by NGT. The matter though was further considered by the NGT with the Scientists of G.B. Pant Institute of Himalayan, Environment and Development & further directions were passed on 09.05.2016.

This order/direction was modified on 19.06.2017 where by the NGT permitted 100 more cars out of which 60% would be petrol cars and 40% will be diesel cars. 25% of the applicants under this category will be only the tourists driving their own vehicles from other Districts of Himachal Pradesh and 75% of the applicant would be tourist from other parts of the country.

[odnewsin]

Odisha Land Jihad: PCCF seeks report from DFO after NGT notice on 100-acre forest land encroachment

The Principal Chief Conservator of Forests (PCCF) on Tuesday sought a report from DFO after a notice from the National Green Tribunal (NGT) over alleged ‘land jihad’ in Odisha’s Malkangiri district. The matter relates to the alleged encroachment of approximately 100 acres of forest land in Motu area to establish a settlement named ‘Islam Nagar’. As per reports, Islam Nagar has been built on…

[tfgadgets]

17,600 trees axed in U.P. to pave way for proposed Kanwar Yatra route, fact-finding panel tells NGT

Devotees walking during the Kanwar Yatra at Muzaffarnagar in Uttar Pradesh in July this year. | Photo Credit: SHASHI SHEKHAR KASHYAP Around 17,600 trees have been cut in Ghaziabad, Meerut, and Muzaffarnagar districts of Uttar Pradesh to make way for a new Kanwar Yatra route, a four-member panel constituted by the National Green Tribunal (NGT) has informed the green court. The State government…

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NGT Lawyers in Pune

National Green Tribunal Lawyer handles environmental clearance matters, consents to establish and operates matters, provides legal advice on all environmental laws and also appeals against refusal of consents. Rishabh Gandhi and Advocates provide services to victims of the violation of the NGT Act and assure them to bring justice. RGAA also stands by the law to protect the interests of the citizens against pollution and impact by the violators of the Act. RGAA represents its clients before the National Green Tribunal of India and its benches. The Firm has appeared for environmental organizations and citizens' groups in public interest matters in various courts. RGAA also represents its clients before the Indian Environment Departments. For more details you can write to info@rgaa.co.in or call on +91 9075281109 or visit here https://www.rgaa.co.in/

Read more@ https://www.rgaa.co.in/ngt-lawyers-in-pune/

[news365timesindia]

[ad_1] GG News Bureau New Delhi, 21st Oct. Lt Governor VK Saxena on Monday raised concerns about the polluted state of the Yamuna River, sharing images of its toxic, froth-covered surface. He questioned those accountable for the river’s cleanliness, implying criticism towards previous assurances made by political leaders. Without naming anyone, Saxena addressed those who claimed to rejuvenate the Yamuna, questioning their commitment to making the river safe for public use. This remark was particularly pointed towards Aam Aadmi Party (AAP) convener Arvind Kejriwal, who had promised before the 2020 Assembly elections to cleanse the river and allow people to bathe in it by 2025. In July 2023, the Supreme Court halted a National Green Tribunal (NGT) order that appointed the Delhi LG as the chairman of a high-level committee for Yamuna rejuvenation. This decision came after the AAP government expressed concerns that the LG-led committee sidelined elected officials in the cleanup efforts. Sharing the images on social media, Saxena lamented the predicament of the Yamuna, which he described as the lifeline of Delhi for generations. He emphasized the river’s importance, especially during the “Chhath” festival, a significant event for Purvanchalis in Delhi, who worship the Sun god at water bodies. Saxena concluded by expressing his dismay at the river’s condition, stating that it was unbearable to witness the suffering of Delhi’s residents due to the pollution. The post “It’s Unbearable to Witness Yamuna’s Condition”: LG Saxena Questions Accountability appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] GG News Bureau New Delhi, 21st Oct. Lt Governor VK Saxena on Monday raised concerns about the polluted state of the Yamuna River, sharing images of its toxic, froth-covered surface. He questioned those accountable for the river’s cleanliness, implying criticism towards previous assurances made by political leaders. Without naming anyone, Saxena addressed those who claimed to rejuvenate the Yamuna, questioning their commitment to making the river safe for public use. This remark was particularly pointed towards Aam Aadmi Party (AAP) convener Arvind Kejriwal, who had promised before the 2020 Assembly elections to cleanse the river and allow people to bathe in it by 2025. In July 2023, the Supreme Court halted a National Green Tribunal (NGT) order that appointed the Delhi LG as the chairman of a high-level committee for Yamuna rejuvenation. This decision came after the AAP government expressed concerns that the LG-led committee sidelined elected officials in the cleanup efforts. Sharing the images on social media, Saxena lamented the predicament of the Yamuna, which he described as the lifeline of Delhi for generations. He emphasized the river’s importance, especially during the “Chhath” festival, a significant event for Purvanchalis in Delhi, who worship the Sun god at water bodies. Saxena concluded by expressing his dismay at the river’s condition, stating that it was unbearable to witness the suffering of Delhi’s residents due to the pollution. The post “It’s Unbearable to Witness Yamuna’s Condition”: LG Saxena Questions Accountability appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[youthchronical]

NGT directs Union Environment Ministry, CPCB to furnish guidelines on ‘forever chemicals’ in waterbodies

Southern zonal bench of the National Green Tribunal. File | Photo Credit: M. PRABHU The southern bench of the National Green Tribunal (NGT) has directed the Ministry of Environment, Forests and Climate Change (MoEF&CC) and the Central Pollution Control Board (CPCB) to submit a report on guidelines concerning ‘forever chemicals’ in waterbodies and the industries that handle them. The direction…

[6nikhilum6]

Pune Gears Up For Ganesh Visarjan: MPCB And CoEP To Monitor Noise Levels Across 25 Locations

J. Salunkhe, Regional Officer of MPCB Pune, stated, “Our teams will be stationed at pre-determined locations to measure noise levels throughout the procession. Should any Ganesh mandals exceed permissible noise limits, we will immediately notify the police for intervention. Necessary actions will be taken as per National Green Tribunal (NGT) norms if there is non-compliance.” The suburban areas,…

[ecospacerealtors]

National Green Tribunal (NGT): A Comprehensive Guide

https://www.ecospacerealtors.in/post/national-green-tribunal-ngt-a-comprehensive-guide

The National Green Tribunal (NGT) is a specialized judicial body in India that deals with environmental disputes and ensures the enforcement of environmental laws. Established under the National Green Tribunal Act, 2010, the NGT has played a crucial role in promoting environmental protection and sustainable development by resolving disputes quickly and effectively. This guide provides an in-depth understanding of the NGT, its functioning, powers, key judgments, and procedures.

Why NGT?

Before the establishment of the NGT, environmental cases were heard in regular courts, leading to significant delays in justice. The complexity of environmental issues, combined with the increasing number of environmental violations, necessitated the creation of a specialized body. The NGT was established for several reasons:

Timely Environmental Justice: Regular courts were overburdened with cases, and environmental disputes often took years to resolve. The NGT was created to fast-track the adjudication of environmental matters.

Specialized Expertise: Environmental disputes often require technical knowledge about science, ecology, and industry regulations. NGT consists of judicial and expert members to ensure that decisions are made based on both legal and scientific expertise.

Environmental Protection and Sustainable Development: The NGT upholds the principles of sustainable development, ensuring that economic progress does not come at the cost of environmental degradation.

Access to Justice: Citizens and communities affected by environmental harm now have a dedicated forum to seek justice. The NGT offers access to environmental justice through a quicker and simpler process than traditional courts.

National Green Tribunal Act, 2010 (NGT Act)

The NGT Act, 2010, laid the foundation for the functioning of the tribunal. Some key provisions include:

Establishment of NGT: The NGT was formed to handle environmental disputes, especially those related to pollution control, environmental protection, and conservation of natural resources.

Jurisdiction: The NGT has jurisdiction over all civil cases where substantial environmental issues arise, including those related to laws such as:

The Water (Prevention and Control of Pollution) Act, 1974

The Air (Prevention and Control of Pollution) Act, 1981

The Environment (Protection) Act, 1986

The Forest (Conservation) Act, 1980

Structure of the Tribunal: The NGT comprises a chairperson, judicial members (who are retired judges of the Supreme Court or High Court), and expert members with experience in environmental science, policy, or regulation.

Time-bound Resolution: The NGT aims to dispose of cases within six months from the date of filing, ensuring timely environmental justice.

Role of the NGT

The NGT plays a pivotal role in India's environmental governance. Its main responsibilities include:

Adjudication of Environmental Disputes: The NGT addresses issues related to air, water, forest, and soil pollution, industrial emissions, waste management, deforestation, and biodiversity loss.

Enforcing Environmental Laws: The NGT ensures that industries, government agencies, and individuals comply with environmental regulations, helping maintain the integrity of India’s environmental framework.

Providing Relief and Compensation: The NGT can order monetary compensation to victims of environmental harm and mandate environmental restoration or cleanup activities.

Upholding the Precautionary Principle: The NGT applies the precautionary principle to prevent environmental harm. If there is uncertainty about an activity's impact on the environment, the NGT prioritizes protective measures over economic gain.

Powers of the NGT

The NGT Act, 2010 grants the tribunal wide-ranging powers to ensure effective enforcement of environmental laws:

Civil Court Powers: The NGT has the authority of a civil court and can summon witnesses, examine documents, and issue binding orders.

Polluter Pays Principle: One of the NGT’s significant powers is to implement the polluter pays principle, which holds violators responsible for compensating for environmental damage and covering the costs of restoration.

Issuance of Penalties: The NGT can impose fines or direct parties responsible for environmental harm to pay compensation to affected individuals or communities.

Binding Decisions: The orders and decisions of the NGT are legally binding and enforceable. Failure to comply with an NGT order can lead to further penalties, including imprisonment.

NGT Orders

The NGT’s decisions have wide-reaching implications for industries, government bodies, and the public. Some common types of orders issued by the NGT include:

Preventive Measures: The NGT can issue orders to stop environmentally harmful activities before significant damage occurs. This can involve halting construction projects, stopping the discharge of pollutants, or mandating changes in industrial operations.

Restoration Orders: In cases where environmental harm has already occurred, the NGT can direct responsible parties to undertake remediation measures, such as cleaning up contaminated land or restoring a degraded ecosystem.

Imposing Fines and Compensation: The NGT can order polluters to pay fines and compensate affected communities for environmental damage or loss of livelihood.

How to File with NGT

Filing a case with the NGT is relatively simple and accessible to individuals, organizations, and affected communities. The process is as follows:

Filing the Application: Applicants must file a written application outlining the environmental issue, the laws violated, and any supporting documents (such as reports, evidence, or photographs).

Applicable Timeframe: Applications must typically be filed within six months of the incident or the date of the environmental violation. The NGT may grant an extension of up to 60 additional days if the applicant shows sufficient cause.

Representation: Applicants can represent themselves or engage legal counsel. Public interest groups and environmental NGOs frequently approach the NGT on behalf of affected communities.

Hearing and Orders: Once the application is accepted, the NGT holds hearings, reviews evidence, and issues binding orders or judgments.

Case Overview: Noble M Paikada v. Union of India [2024 INSC 241 (21 March 2024)]

In Noble M Paikada v. Union of India, the Supreme Court reviewed a 2020 notification issued by the Ministry of Environment and Forests (MoEF), which allowed exemption from prior Environmental Clearance (EC) for digging ordinary soil for "linear projects" like roads and pipelines. The petitioner challenged this on the grounds that it violated environmental safeguards and bypassed public consultation. The Supreme Court struck down the exemption, calling it unconstitutional and violative of Article 21 of the Indian Constitution, which guarantees the right to a clean and healthy environment. The Court emphasized the need for transparency and public participation in environmental decision-making.

Article 21 of the Indian Constitution – How it Helps

Article 21 guarantees the right to life and has been interpreted by the courts to include the right to live in a pollution-free environment. In the context of environmental cases, this article forms the cornerstone for legal challenges against activities that harm the environment. Courts, including the Supreme Court and the NGT, have frequently invoked Article 21 to uphold citizens’ rights to a clean and healthy environment, as seen in the Noble M Paikada case.

NGT vs. Public

The NGT provides an essential platform for the public to hold the government and industries accountable for environmental violations. While the NGT ensures compliance with environmental laws, it is also a means for the public to actively participate in environmental governance. Citizen involvement is critical in:

Challenging illegal environmental clearances

Reporting pollution violations

Seeking compensation for environmental harm

At the same time, the NGT has faced criticism for not being fully accessible to marginalized communities due to technicalities or resource constraints. However, it remains a vital forum for environmental activism and public participation in safeguarding the environment.

Conclusion

The NGT plays a pivotal role in enforcing environmental regulations and ensuring that development projects align with sustainability goals. With its mandate to deliver timely justice and uphold the constitutional right to a pollution-free environment, the NGT has established itself as a key player in India’s environmental governance. Cases like Noble M Paikada v. Union of India underscore the importance of public participation, transparency, and adherence to environmental laws. The NGT continues to act as a guardian of India's environmental integrity, ensuring that both industries and the government remain accountable.

Disclaimer

The information provided here is for educational purposes and is a general overview of the National Green Tribunal (NGT), its powers, and significant rulings like the Noble M Paikada v. Union of India case. This summary does not constitute legal advice and should not be used in legal proceedings. For specific legal guidance or advice, please consult a qualified attorney or legal expert.

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[townpostin]

Political Tensions Escalate in Jamshedpur Over NGT Letter

BJP, Congress leaders clash over Arjun Munda’s alleged NGT application regarding Jamshedpur settlements Controversial claims and counterclaims emerge as local politicians debate the truth behind a disputed NGT letter. JAMSHEDPUR – A heated dispute has erupted among political figures over an alleged National Green Tribunal application concerning Jamshedpur settlements. Binod Singh, BJP’s Ranchi…

[odnewsin]

Forest encroachment in Malkangiri: National Green Tribunal takes suo motu cognizance

The National Green Tribunal (NGT) has taken suo motu cognizance of the alleged encroachment of 100 acres of forest land in the Motu area of Malkangiri district. The petition is registered suo-motu on the basis of a media report published on 30.09.2024. NGT has also issued notices to Principal Chief Conservator of Forests (PCCF), Forest Department and Malkangiri district Collector by putting the…

[litem-legalis]

What is the procedure for filing a complaint with National Green Tribunal in India ?

A unique tribunal called the National Green Tribunal (NGT) was established to handle cases pertaining to environmental conservation and protection in an efficient and timely manner. It is a legislative entity that was founded on October 18, 2010, with the purpose of handling environmental matters and relieving the higher courts of some of their workload.The 2010 National Green Tribunal Act established this tribunal. The National Green Tribunal (NGT) adheres to the sustainable development and polluter pay principles. It does not adhere to the CPC's protocol, which ultimately shortens the time needed for a decision and expedites the resolution of cases.

The National Green Tribunal Act, 2010 allows anybody who is in need of relief and recompense for environmental harm related to any of the laws listed in Schedule I to file a complaint with the Tribunal.

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NGT Lawyers in Pune

National Green Tribunal Lawyer handles environmental clearance matters, consents to establish and operates matters, provides legal advice on all environmental laws and also appeals against refusal of consents. Rishabh Gandhi and Advocates provide services to victims of the violation of the NGT Act and assure them to bring justice. RGAA also stands by the law to protect the interests of the citizens against pollution and impact by the violators of the Act. RGAA represents its clients before the National Green Tribunal of India and its benches. The Firm has appeared for environmental organizations and citizens' groups in public interest matters in various courts. RGAA also represents its clients before the Indian Environment Departments. For more details you can write to info@rgaa.co.in or call on +91 9075281109 or visit here https://www.rgaa.co.in/

Read more@ https://www.rgaa.co.in/ngt-lawyers-in-pune/