Role of National Green Tribunal in Protecting Environment

Abstract

Man’s association with nature is primitive. The elements of nature were known as Panchmahabhut and were worshipped throughout India. It is believed that the universe comprising the Earth was the creation of Brahma. There is a very deep relationship between man and environment. The mankind realized it quite early in the process of evolution of human civilization. But, the environment during that period was not so much threatened as to compel human being to think about aggressively about its conservation. But the advent of industrial revolution, brisk pace of industrial activities, discharge of huge quantity of greenhouses gases in the atmosphere and their impact on earth, exhibited by rise in temperature, change in weather, unprecedented rainfall or drought, failure of crops after crops, etc. forced mankind to think about meeting the challenges thrown open by the brisk pace of industrial activities and their impact on environment and earth. The Supreme Court in four landmark judgments viz. M.C. Mehta v. Union of India, Indian Council for Environmental-Legal Action v. Union of India, A.P. Pollution Control Board v. M.V. Nayudu and A.P. Pollution Control Board v. M.V. Nayudu II observed the need for creation of “Environmental Courts”. As a result of these four judgments, the Law Commission of India in its 186^th Report in the year of 2003 dealt with the proposal to constitute environment court in the country. This was one of the most important developments that led to the passage of the National Green Tribunal Act, 2010. The evolution of the National Green Tribunal in India has followed an extensive and faceted development and was determined by a number of factors. The judiciary itself keeps reaffirming the necessity for a system of specialized environmental courts. The establishment of NGT has been a very positive development because of the impact it has had on environment protection in our country. It is an exclusive forum to address the issues of environment. Be it issues of noise pollution, sand mining, protection of sandalwood varieties or de concretization of trees, NGT has been dealing with a whole lot of issues. The NGT had on March 9, 2016 refused to prohibit the World Culture Festival on the bank of Yamuna, but at the same time imposed a fine of Rs. five crores on the foundation “art of living” for damaging biodiversity.