Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} National Green Tribunal at Pune ‘Will start new dawn in Environmental Justice’ By Adv. Asim Sarode
With the rapid speed of development, industrial growth and foreign investment various manufacturing set-ups in countries like India, the issues related to environmental clearance, environmental destructions became a sore for the people who are working in the protection of environmental rights. Considering the Constitutional mandate in relation to Article 21, Right to Life which assures the citizens of India, the right to being healthy environment, it was constant demand by the activist and thinkers in the environmental justice field to set up a Green Tribunal to deal with socio-legal-environmental issues related to environment and forest. In the charter of Fundamental Rights of European Union, Article 2 guarantees the rights to a healthy environment which affirms of right to life. During the Rio De Jenerio summit of United Nations Conference on Environment and Development happened in June 1992, India as a nation has promised to all the participating States that it will provide judicial and administrative remedies in the victims of environmental damage and victims of pollutants. As an outcome of Constitutional demand for environmental justice, the National Green Tribunal Act (NGT) was established in India in 2010 which affirms the Right to life mentioned in Article 21 of Indian Constitution. The Tribunal itself is a special and fast track court to handle the cases pertaining to environmental issues in expedites and focused manner.
On 18th October 2010, the National Green Tribunal (NGT) was officially formed by the legislature and Justice Lokeshwar Singh Pant had taken charge of his office in Delhi. The NGT Act provides for the establishment of National Green Tribunals with a view to deal with cases related to environmental protection and conservation of forest, protection of other natural resources including enforcement of legal rights relating to environment and giving relief as well as compensation for damages to persons and properties regarding matter connected or incidental to the environment. The Tribunals are in fact came into existence to provide speedy environmental justice and helps to reduce the burden of litigation in the Higher Courts. It has been mentioned very clearly that the Tribunal shall not be bound purely by the procedures laid down according to the Code of Civil Procedure, but shall be guided also by the principles of natural justice. To dispose off all the applications or appeals filed before the Tribunal within 6 months of filing the same needs such type progressive mandate which the National Green Tribunal Act provides very clearly. The National Green Tribunals were proposed to be set up at 5 different places in India and it was also decided that they will follow circuit procedure in making itself more accessible at other places. So, New Delhi will be the principal place of setting of the Tribunal and Bhopal, Pune, Calcutta, and Chennai will be four different places where the said Tribunal will be arranged after specific intervals.
In the Environmental Ministry has promised to establish Green Tribunal benches at 4 different places and issued a notification to that effect but it has still not established such Benches after passing of more than 1-1/2 years. The Principal Bench of National Green Tribunal has been made functional and effective since October 18, 2010 and it is a happy development that on 17th February 2012, the Green Tribunal Bench will be functioning from Pune also. It was because of the poor response of the State Government that the National Green Tribunal Benches are coming into existence in delayed manner.
‘The Pune Bench of National Green Tribunal’ will definitely give voice to the environmental issues in Maharashtra. The Social Organizations working on the environmental issues in Maharashtra are quite sensitive but essentially everyone has to go through process of learning and educating themselves while using the National Green Tribunal as redressal mechanism. The Environment and Forest Ministry, the Social Justice Ministry, the Law and Judiciary Department all should come together to educate people on how to demand justice at the National Green Tribunal. As mentioned in the Law Commission’s 86th Report which recognizes to have such ‘Multi Faceted Environmental Court’ in each State of India with judicial and technical/scientific experts as they exist in the countries Australia, New Zealand etc. It will become clear as to whether the citizens are getting equipped with knowledge and understanding about how to challenge environmental hazards and demand justice at the National Green Tribunal soon as common people and environmental organizations in Maharashtra start using the Tribunal as forum. The Green Tribunal will be dealing with the complex issue of science and technology arising out of the environmental litigation in the process of elimination of pollution in air and water so it is not sufficient that the Green Courts are only consisted of Judicial Members and hence Panel of Technical or Scientific Expert is one of the important component which will play very important role while deciding the cases at the Green Tribunal. So now the Advocates who are practicing on the traditional paths and with limited perspective o9f law also need to get equipped themselves with the latest concept of environmental justice, environmental hazards, noise pollution etc. then only they will be able to practice in these Environmental Court effectively.
Through various cases it has been seen that in the ‘environmental consequences’, ‘gravity of damage’ cannot be restricted to either specific activity relating to environment or to ‘point source of pollution’ and environmental questions cannot be left to any subjective assessment of an individual to decide as to what is the ‘substantial’ environmental damage. The National Green Tribunal Act, 2010 visibly says that the process of decision making of National Green Tribunal shall be guided by the principles of natural justice. So the functioning of court will not run on the procedural aspects but it will adjudicate the issues as the Court of equity; this is a very important aspect of Green Tribunal. The Multi -member expert adjudicatory body of the Green Tribunal is bringing a new culture of working together on the judicial level and the citizens will be getting ‘justice’ as an outcome of the participatory process.
The Supreme Court has decided some of the cases on environmental justice wherein the apex court also made observation on Green Tribunal and its proposed functioning. The AP Pollution Control Board Vs. Prof. N V Nayudu (1999(1)SCALE140), Vellore Citizens Welfare Forum Vs. Union of India (1996(5)SCC647), M C Mehta Vs Union of India and Shreerampur’s and Fertilizers (1986(2)SCC176) will be the guiding force for the advocates as well as litigants who will be approaching the National Green Tribunal desiring justice. The issues involving environmental pollution, economic destruction and conflict over natural resources which are increasingly coming up for adjudication not in Maharashtra but in all other States can be well discussed and environmental justice can be seen coming into reality.
Before the existence of a Green Tribunal, majority of environmental litigations in India use to reach to the High Court under Article 226 or to the Supreme Court under Article 32 of the Constitution in the nature of Public Interest Litigation (PIL). The issue relating to ‘locus-standi’ (authority or right to file any case) has been diluted by the higher courts in the larger interest of the society and the Green Tribunals are also expected to stand by the common citizens while allowing anyone to approach them in public interest. The adjudicating panel of judges at the Green Tribunal shall not look to all the cases coming to them with suspicion and start assessing them as they are ‘motivated petition’ because this tampers the natural process of justice which generally expected to be function in an unbiased manner. At the same time it is the duty of the litigants and the social organizations working on the environmental issues not to use any of the forums of the justice or legal instrument in an untrustworthy manner.
The establishment of Bench of National Green Tribunal, Pune will definitely prove effective in giving justice to many of the disadvantage people and their legal rights relating to environment, compensation for damages will be decided in a swift manner. Creating special space for taking cognizance of injury to the environment is the first step. But how people use the forum and how the authorities come forward in fair implementation of environmental law will prove the upholding of ‘due process’ related to National Green Tribunal Bench at Pune.
ADV ASIM SARODE The writer is an advocate practicing at High Court. He is a human right analyst and dealing with various public interest issues. This e-mail address is being protected from spambots. You need JavaScript enabled to view it 9850821117
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