National Green Tribunal
GS PAPER II: Conservation, environmental pollution and degradation, environmental impact assessment.
Context: The National Green Tribunal (NGT), has appointed a joint committee to look into allegations of unauthorised construction activity taking place in Mekedatu, where the Karnataka government had proposed to construct a dam across the Cauvery River.
- NGT has directed the panel that if the project is to be implemented without conducting any environmental impact assessment study and without obtaining necessary clearance, it will be considered as an unauthorized act affecting the environment.
- NGT also directed the joint committee to assess the damage caused to the environment in case of any construction made and determine the compensation payable by the respective authorities who are responsible.
Mekedatu dam Project:
- The project aims to store and provide 4.75 tmcft of drinking water to Bengaluru and surrounding areas, apart from generating 400 MW of hydroelectricity at an estimated cost of Rs 9,000 crore.
- It is an extension of a protracted battle between Karnataka and Tamil Nadu states have waged over sharing the Cauvery water.
About NGT:
The National Green Tribunal Act, 2010 is an Act of the Parliament of India, which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.
It draws inspiration from the India's constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment. Powers
Power: The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:
The Water (Prevention and Control of Pollution) Act, 1974;
The Water (Prevention and Control of Pollution) Cess Act, 1977;
The Forest (Conservation) Act, 1980;
The Air (Prevention and Control of Pollution) Act, 1981;
The Environment (Protection) Act, 1986;
The Public Liability Insurance Act, 1991;
The Biological Diversity Act, 2002.
Importantly, the NGT has not been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc. Therefore, specific and substantial issues related to these laws cannot be raised before the NGT.
Principles of Justice adopted by NGT: The NGT is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. Further, NGT is also not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872.
The Chairperson of the NGT is a retired Judge of the Supreme Court, Head Quartered in Delhi. Other Judicial members are retired Judges of High Courts. Each bench of the NGT will comprise of at least one Judicial Member and one Expert Member.
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