Context:
- The southern Bench of the National Green Tribunal (NGT) has slapped a fine of over ₹2 crore on the Public Works Department, Udupi, as “environment compensation for damages caused to the the riverine ecology of the Sita river”.
- A joint committee appointed by the NGT found that the Ports and Fisheries authorities undertook dredging work without obtaining any clearances.
- The dredged materials were dumped on the western side corner of the river, beside the road, in violation of the CRZ Notification, 2011.
- Natural mangroves seem to have been destroyed during filling up of the river.
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:
o The Water (Prevention and Control of Pollution) Act, 1974;
o The Water (Prevention and Control of Pollution) Cess Act, 1977;
o The Forest (Conservation) Act, 1980;
o The Air (Prevention and Control of Pollution) Act, 1981;
o The Environment (Protection) Act, 1986;
o The Public Liability Insurance Act, 1991;
o 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.
https://www.thehindu.com/news/national/ngt-slaps-2-crore-fine-for-damages-to-sita-river-in-udupi/article35617637.ece
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