How the Tribunal Works, and What It Can Order

In one line

The Tribunal is not bound by the Code of Civil Procedure or the law of evidence, is bound to apply three principles, and its order is executable as a decree and recoverable as arrears of land revenue.

In the wording a student can write in an examination: section 18 of the National Green Tribunal Act 2010 prescribes who may apply and requires an endeavour to dispose of an application within six months; section 19 provides that the Tribunal shall not be bound by the Code of Civil Procedure 1908 or the Indian Evidence Act 1872 but shall be guided by the principles of natural justice, and gives it the powers of a civil court on eleven matters; section 20 obliges it to apply the principles of sustainable development, the precautionary principle and the polluter pays principle; section 22 provides an appeal to the Supreme Court within ninety days on the grounds in section 100 of the Code; section 24 requires compensation for damage to the environment to be credited to the Environmental Relief Fund; and section 25 makes an order executable as a decree and recoverable as arrears of land revenue.

Section 18, who may come

The form. Each application under sections 14 and 15, and each appeal under section 16, in such form, with such particulars, documents and fees as may be prescribed.

Who may apply for relief, compensation or settlement of a dispute, and the list is much wider than a civil court's:

• the person who has sustained the injury;
• the owner of the property damaged;
• where death has resulted, all or any of the legal representatives;
• a duly authorised agent of any of them;
• any person aggrieved, including any representative body or organisation; and
• the Central Government, a State Government, a Union territory Administration, the Central or a State Pollution Control Board, a Pollution Control Committee, a local authority, or any environmental authority constituted under the Act of 1986 or any other law.

Clause (e) is the important one. Any person aggrieved, including any representative body or organisation, may apply. That is standing written into the statute, which is why environmental organisations appear before the Tribunal as of right and do not have to argue public interest standing as they would in a writ court.

Two provisos. Where all the legal representatives of a deceased have not joined, the application is made for the benefit of all and the others are impleaded as respondents. And a person who has preferred an appeal under section 16 is not entitled to make an application for relief, compensation or settlement of a dispute, so a party must choose its route.

Sub-section (3), the timetable. The application or appeal shall be dealt with as expeditiously as possible and the Tribunal shall endeavour to dispose of it finally within six months of filing, after giving the parties an opportunity to be heard.