Samir N (General Queries) (Business) 20 January 2022
It is not clear to me from the Act if the environmental violations (trees, forest issues are relevant to my question) are limited to those enacted in specific acts (such as the preservation of Forest Act) as listed in one of the schedules or can the tribunal come up with its own interpretations of what constitutes an environmental violation?
Aryan Raj 20 January 2022
In response to your query,
The National Green Tribunal, formed in 2010 in accordance with the National Green Tribunal Act, is a specialised judicial body with expertise dedicated entirely to the adjudication of environmental matters in the country. The Tribunal's mission is to provide effective and timely relief in situations involving environmental preservation, forest and other natural resource conservation, and the enforcement of any environmental legal claim. The Tribunal's decisions are final, and it has the authority to provide remedy in the form of compensation and damages to those who have been harmed.
And the Tribunal has the power to provide relief through the statutes mentioned in Schedule I of the National Green Tribunal Act, 2010.
The statutes in Schedule I-
All civil matters involving a substantial question relating to the environment and the question fall under the jurisdiction of the Tribunal. Any person who is dissatisfied by an order or direction issued by any of the Appellate Authorities under the laws stated above can also appeal it to the National Green Tribunal.
Therefore you must understand by now that any matter which involves environmental preservation, forest and other natural resource conservation, and the enforcement of any environmental legal claim can be interpreted by the Tribunal as matter for National Green Tribunal to decide and not just the ones mentioned in Schedules.
Regards,
Aryan Raj
P. Venu (Advocate) 20 January 2022
What are the facts? What is the issue?
Samir N (General Queries) (Business) 20 January 2022
Mr. Aryan, thank you. What about this statement from the Act, it says otherwise:
"The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I."
The key word "and" connotes that the jurisdiction is limited to Schedule I
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