2.11.3. Powers and Functions

♤ NGT is mandated to make disposal of applications or appeals finally within 6 months of filing of the same.

♤ As per the NGT Act, NGT does not have the power to take suo motu cognisance.

*Note-The Supreme Court, in 2019, has agreed to examine a legal question whether the National Green Tribunal (NGT), established in 2010 to deal with cases pertaining to environmental issues, has the power to take cognisance of a matter on its own. The matter is sub judice.

♤ As per Section 22 of the NGT Act, appeals from NGT lie directly to the Supreme Court.

*Note- The Supreme Court has clarified that an appeal under Section 22 of the NGT Act cannot be treated as a matter of right unless it involves a substantial question of law.

♤ The Tribunal is not bound by the procedure laid down under the Code of Civil Procedure 1908, but shall be guided by principles of 'natural justice'.

♤ While passing any order/decision/ award, it shall apply the principles of sustainable development, the precautionary principle and the polluter pays principle.

♤ NGT by an order, can provide

o relief and compensation to the victims of pollution and other environmental damage (including accident occurring while handling any hazardous substance),

o for restitution of property damaged, and

o for restitution of the environment for such area or areas, as the Tribunal may think fit.

♤ The NGT Act also provides a procedure for a penalty for non-compliance:

o Imprisonment for a term which may extend to three years,

o Fine which may extend to ten crore rupees, and

o Both fine and imprisonment