Supreme Court (SC) Criticises National Green Tribunal (NGT's) Trend of Passing Ex-Parte Orders | Current Affairs | Vision IAS
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    Supreme Court (SC) Criticises National Green Tribunal (NGT's) Trend of Passing Ex-Parte Orders

    Posted 09 Feb 2024

    Updated 16 Mar 2024

    2 min read

    • A Division Bench of SC was hearing an appeal against an ex-parte order in suo motu proceedings by NGT which directed appellants for payment of compensation.
      • Ex-Parte orders are those that can be granted without waiting for a response from other side.

     

    • Key observations of SC regarding NGT
      • Recurrent engagement in unilateral decision making, provisioning ex-post-facto review hearing, and routinely dismissing it has become a norm.
      • Imposition of huge sums for damages proved to be counterproductive in safeguarding environment.
      • Tribunal must ensure procedural integrity to ensure harmonious balance between justice and due process.

     

    • About NGT
      • Statutory body established under National Green Tribunal Act, 2010.
      • It is a specialized body equipped with necessary expertise to handle environmental disputes involving multi-disciplinary issues.
      • It is guided by principles of natural justice.
        • Not bound by Code of Civil Procedure, 1908 or Indian Evidence Act, 1872.
        • Composition: Headed by Chairperson who sits in the Principal Bench, and 
          • at least 10 but not more than 20 judicial members, and 
          • at least 10 but not more than 20 expert members.

     

    NGT’s has jurisdiction over all civil cases under following Acts:

    • Water (Prevention and Control of Pollution) Act, 1974.
    • Water (Prevention and Control of Pollution) Cess Act, 1977.
    • Forest (Conservation) Act, 1980.
    • Air (Prevention and Control of Pollution) Act, 1981.
    • Environment (Protection) Act, 1986.
    • Public Liability Insurance Act, 1991.
    • Biological Diversity Act, 2002.
    • Tags :
    • Supreme Court
    • National Green Tribunal (NGT)
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