How far do you agree with the view that the National Green Tribunal (NGT) has met its objective of ensuring environmental justice in India? (Answer in 250 words)
Introduction
National Green Tribunal is a statutory body under NGT Act, 2010 to expediently decide environmental cases in India. India is third nation after Australia & New Zealand to constitute NGT.
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Main Body
NGT: Consist of President (retired sc judge) and judicial & technical member. NGT has met its Objective: (1) Specialized Quasi-Judicial Body with judicial & technical member to decide cases. Eg: Udove Biodiversity Act & Udayme stone quarry case & provided justice. (2) Speed Justice: as it is not clogged like ordinary judiciary. Eg: 5.04 crore cases pending in ordinary judiciary. (3) Flexibility: in procedure as all band by natural justice & not Civil Procedure Code (rigid). (4) Success in May Cases: like Meghalya fast tile mining case, Udayme stone quarry case & provided justice. (5) Interim Relief: Granted to protect rights of affected people. (6) Penalties: on aul & private bodies for violating environmental laws. Eg: on DDA for cutting Ridge tree.
Not Met the Objectives: (1) Rampant Delays: in deciding matters causing injury & environmental harm. (2) Non-Compliance: with orders of NGT by public bodies due to bureaucratic opacity. Eg: Aravalli Sand mining case. (3) Poor Enforcement Mechanism: due to lack of independent in enforcement arm & reliant on police & environment bodies. (4) Necess: of policing induces & corrupt officials undermine authority & NGT. (5) Vacancies: due to pay consultation mechanism & executive & judiciary. Way Forward: Fill all vacancies expediently. Privity enforcement of NGT orders (Katerunerson report). Amend clear envisonment Eg: Glen hydrogen. Provide expeditious relief. Right to clean envionment is a fundamental right & NGT must be referred to realize this right to all people (MC Manta Case)
Conclusion
Right to clean envionment is a fundamental right & NGT must be referred to realize this right to all people (MC Manta Case)
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Aditya Mathur
Statutory, Regulatory and Quasi-judicial Bodies
Quasi-judicial Bodies
National Green Tribunal
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