AIR POLLUTION IN INDIA: ASSESSING THE ROLE OF NGT

Authors

  • Maitreya Ranjan National University of Study and Research in Law

Keywords:

NGT, Air Pollution, Environment, Tribunal, SPCB, CPCB, Crop Burning, Solid Waste Management

Abstract

For the past few years there is a mounting concern over the problem of atmospheric pollution in our country. The menace of air pollution is not limited only to the major or metropolitan cities anymore. Over the past decade, it has spread across various small cities and towns as well. In such a situation, it cannot be denied that the NGT has a key role to play in controlling this menace of air pollution. This paper, in its limited scope, aims to assess the role played by NGT in keeping a check on air pollution till now and also addresses the obstructions before it in doing so.

The author begins by discussing and analyzing some of the important provisions of the NGT Act. The article continues by studying the role of NGT in keeping a check on air pollution with the help of case laws. Further, the author has identified the issues which act as an obstruction for the NGT in achieving its goal of clean and pollution free atmosphere and also suggested ways in which those issues can be resolved.

Author Biography

  • Maitreya Ranjan, National University of Study and Research in Law

    This is Maiteya, currently a fourth year law student at National University of Study and Research in Law, Ranchi.

References

1. Sunil Dahiya, Lauri Myllyvirta, Nandikesh Sivalingam, Airpocalypse: Ass essment of Air Pollution in Indian Cities, Greenpeace, (MAY 20, 2020, 5; 54 P.M.), https://storage.googleapis.com/planet4- india-stateless/2018/06/Airpoclypse-Not- just-Delhi-Air-in-most-Indian-cities- hazardous-Greenpeace-report.pdf.

2. Section 2 (a): "air poll utant" means any solid, liquid or gaseous substance 2 [(including noise)] present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.

3. Section 2 (b): "air pollution" means the presence in the atmosphere of any air.

4. Aashna Kothiyal, Pinnacle of Environmental Protection in India: NGT , (3), PEN ACCLAIMS, (2018).

5. Article 21: No person shall be deprived of his life or personal liberty except according to procedure established by law.

6. Armin Rosencranz and Geentanjoy Sahu, Assessing the National Green Tribunal after Four Years, (5), JILS, 194, (2014).

7. Schedule I [See sections 14(1), 15(1), 17(1)(a), 17(2), 19(4) (j) and 34(1)]  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.

8. 2019 SCC Online NGT 913

9. Order of the National Green Tribunal regarding remedial measures to be taken to bring the air quality of 102 cities under control, 15/03/2019, India Environment Portal, http://www.indiaenvironment portal.org.in/

10. MANU/GT/0209/2015

11. Original Application No. 666/2018, Order Dated 15.10.2019

12. Original Application No. 141/2014, Order Dated 12.12.2019

13. MANU/GT/0150/2016

14. Original Application No. 21 of 2014 and Original Application No. 95 of 2014, Order Dated 07.04.2015

15. It is an environmental policy principle which states that the costs of pollution must be borne by those who are responsible for it.

16. Keith Varghese and Shyama Kuriakose, Low Cost Air Quality Monitoring Systems: The Need of the Hour for India’s Worsening Air Quality, (6), ELPR, 209, (2018).

17. Kolkata's air quality index worse than Delhi: How did it become the most polluted city in India? INDIA TODAY, https://www.indiatoday.in/education- today/gk-current-affairs/story/kolkata- most-polluted-city-india-1391583-2018- 11-19.

18. MANU/GT/0160/2016

19. NGT imposes 5 Crore Fine On West Bengal For Failing To Curb Air Pollution, The Hindu, https://www.thehindu.com/ news/national/other-states/NGT-imposes- 5-crore-fine-on-west-bengal-for-failing-to- curb-air-pollution/article25617178.ECE.

20. Original Application No. 601 of 2018, Order Dated 19/11/2019

21. Original Application No. 318 of 2013, Order Dated 24/08/2016

22. (2018) 11 SCC 734

23. Section 14(1): The Tribunal shall have the jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the ena ctments specified in Schedule I.

24. Geetanjoy Sahu, Whither the National Green Tribunal? DOWN TO EARTH, (June 6, 2020, 12:36 A.M.), https://www. downtoearth.org.in/blog/environment/whit her-the-national-green-tribunal--66879.

25. Supra note 4.

26. Section 4(1): The T ribunal shall consist of- a. a full time Chairperson; b. not less than ten but subject to maximum of twenty full time Judicial Members as Air Pollution in India: Assessing the Role of NGT Maitreya NJEL (2020 ) 40–47 © Law Journals 2020. All Rights Reserved Page 47 the Central Government may, from time to time, notify; c. not less than ten but subject to maximum of twenty full time Expert Members, as the Central Government may, from time to time, notify.

27. Shinjini Ghosh, NGT’s new approach to pending cases raises eyebrows, the Hindu, (June 10, 2020, 2:30 P.M.), https://www.thehindu.com/news/cities/Del hi/ngts-new-approach-to-pending-cases- raises-eyebrows/article24787684.ece

28. Section 6(1): Subject to the provisions of section 5, the Chairperson, Judicial Members and Expert Members of the Tribunal shall be appointed by the Central Government.

29. 2019 SCC OnLine SC 1456 Cite this Article Maitreya. Air Pollution in India: Assessing the Role of NGT . National Journal of Environmental Law. 2020; 3(2): 40–47p.

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Published

2020-11-27