15 Years of the National Green Tribunal (NGT): Achievements, Challenges and Way Forward

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Introduction

The National Green Tribunal (NGT), established in 2010, is among the few dedicated environmental courts globally, with wide jurisdiction covering environmental protection, forests, wildlife, climate change and coastal regulation. Conceived to deliver speedy, science-based environmental justice, the NGT has significantly shaped India’s environmental jurisprudence over the past 15 years by enforcing principles such as sustainable development, polluter pays, and precautionary principle.

Genesis and Institutional Design

  • The idea of environmental courts was first articulated in M.C. Mehta vs Union of India (1986) due to the growing complexity of environmental disputes.

  • In A.P. Pollution Control Board vs Prof. M.V. Nayudu (1999), the Supreme Court stressed the need for a forum combining judicial and technical expertise.

  • Established under the National Green Tribunal Act, 2010, with benches at New Delhi (principal) and Bhopal, Pune, Kolkata and Chennai.

  • Not bound by the Code of Civil Procedure, but guided by principles of natural justice.

  • Mandated to dispose of cases preferably within six months.

Major Achievements of NGT (2010–2025)

1. Strengthening Environmental Jurisprudence

  • Gave practical meaning to Article 21 (Right to Life) by recognising the right to a clean environment.

  • Institutionalised environmental principles into enforceable judicial standards.

2. Landmark Judgments

  • Almitra H. Patel vs Union of India: Directed implementation of Solid Waste Management Rules; banned open burning of waste.

  • POSCO Steel Project, Odisha (2012): Suspended environmental clearance due to violations.

  • Save Mon Federation vs Union of India: Halted a large hydropower project to protect biodiversity.

  • Cancelled or reassessed environmentally harmful projects such as Aranmula Airport (Kerala), coal mining in Chhattisgarh, and mining in Goa.

  • Vizag Gas Leak (2020): Ordered interim compensation, reinforcing corporate accountability.

3. Enforcement of Polluter Pays Principle

  • Imposed environmental compensation on industries, municipal bodies and governments for pollution and non-compliance.

  • Penalised States for failure in solid waste management, sewage treatment and river pollution.

4. Protection of Forests and Communities

  • Prevented diversion of forest land without due process.

  • Protected tribal and forest-dependent communities from illegal land acquisition and ecological damage.

5. Role in Contemporary Environmental Governance

  • Actively intervened in cases related to air pollution, illegal sand mining, river rejuvenation, tree felling and waste dumping.

  • Played a corrective role where regulatory authorities failed.

Benefits of the NGT

  • Specialised forum for environmental disputes.

  • Reduces burden on High Courts and Supreme Court.

  • Integrates scientific expertise into judicial decision-making.

  • Provides wider access to justice through zonal benches.

  • Enables time-bound disposal, crucial for environmental harm cases.

Key Challenges and Criticisms

1. Jurisdictional Limitations

  • Important laws like the Wildlife (Protection) Act, 1972 and Forest Rights Act, 2006 lie outside NGT’s jurisdiction, limiting holistic adjudication.

2. Enforcement Deficit

  • Many orders remain poorly implemented due to weak follow-up by States and pollution control boards.

3. Vacancies and Capacity Constraints

  • Severe shortage of judicial and expert members.

  • High pendency undermines the objective of speedy justice.

4. Development vs Environment Debate

  • Critics view NGT as anti-development, though most orders aim at lawful and sustainable development, not blanket prohibition.

5. Additional Layer of Litigation

  • As per the L. Chandra Kumar judgment, tribunal decisions remain subject to judicial review, leading to prolonged litigation.

6. Limited Regional Reach

  • Environmental degradation is acute in tribal and remote regions, but NGT benches are concentrated in major cities.

Way Forward

1. Strengthening Institutional Capacity

  • Fill all vacancies promptly.

  • Enhance financial and technical resources.

2. Expanding Regional Benches

  • Establish benches in ecologically sensitive and mineral-rich regions.

3. Internal Appellate Mechanism

  • Introduce a larger bench system within NGT to reduce immediate appeals to higher courts.

4. Scientific Assessment of Compensation

  • Develop standardised methods to assess environmental damage and penalties, with expert institutional support.

5. Cooperative Federalism

  • Improve coordination between Centre, States, regulatory bodies and NGT.

  • Ensure NGT orders are integrated into administrative action plans.

6. Legislative Fine-Tuning

  • Periodic review of the NGT Act to address jurisdictional gaps and enforcement mechanisms.

Conclusion

Fifteen years on, the National Green Tribunal has emerged as a cornerstone of India’s environmental governance, ensuring accountability where executive mechanisms often fail. While capacity constraints and enforcement gaps persist, the NGT remains vital for balancing development with ecological sustainability. Strengthening its institutional design and implementation framework will be essential to meet India’s growing environmental and climate challenges in the decades ahead.

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