Role and Function of the National Green Tribunal (NGT)
The Supreme Court in 2021 emphasized the NGT's role as more than an adjudicatory body, recognizing it as a specialized entity aimed at ensuring environmental justice and equity. It serves as the primary appellate authority for those aggrieved by environmental orders.
Current Trends and Findings (2020-2025)
- The NGT has shown a tendency to favor project developers over citizens in environmental clearance cases.
- Analysis of over 100,000 NGT orders reveals:
- Only 20% of citizen appeals against government environmental clearances were successful.
- Nearly 80% of industry appeals against clearance rejections received favorable rulings.
- From 2024 to 2025, this trend intensified, with only 7% of citizen appeals succeeding compared to 88% of industry appeals.
Mandate and Structure of NGT
- Established under the NGT Act, 2010, it addresses substantial environmental questions and appeals against orders from the Ministry of Environment, Forest and Climate Change (MoEFCC).
- Handles cases primarily related to:
- Air and water pollution
- Coastal zone regulations
- Environmental Protection Act (EPA), 1986
- Forest Conservation Act (FCA), 1980
- Operates through five benches located in Delhi, Bhopal, Pune, Kolkata, and Chennai.
Challenges and Criticisms
- Public grievances often struggle with:
- Time-barred appeals due to a lack of accessible information.
- Dismissals on technical grounds or perceived lack of merit.
- Experts highlight the importance of case quality and evidence presented in determining outcomes.
- The NGT’s decisions can be appealed in higher courts, but the lengthy litigation process is a deterrent for many.
Noteworthy Cases
- Companies receiving no relief included Adani Petronet, Vedanta, Jindal Power, and others.
- Successful citizen appeals involved projects near sensitive areas like the Taj Mahal and Karnataka's nuclear project.
- Corporate appeals successfully overturned include NTPC Ltd and Indotech Waste Solution.