Order Regarding Court will hold its sitting at Shimla on 29th and 30th May,2014 to hear.
Notice: Regarding 17th April 2014 on account of Lok Sabha Election in Central Zone, Bhopal
Notice: Regarding 17th April 2014 on account of Lok Sabha Election in Western Zone, Pune
Engagement of Technical Assistants in the National Green Tribunal(9th April 2014).
Calender of Cases posted for Admission
Order regarding 10th April, 2014 as holiday, on account of "Lok Sabha Elections, 2014"
Notice 14thApril,2014(Monday) will be observed as holiday by the NGT(Principal Bench and the Zonal Benches) on account of Ambedkar Jayanti.
Order Regarding National Green Tribunal, Western Zone Bench, Pune.
Office Order Dated 20 March 2014.
Order regarding Re-constitution/Modification of Committee
office order dated 14th March, 2014.
Order regarding court will hold its sitting at Shillong on 4 th April, 2014 to hear.
Order regarding court will hold its sitting at Jodhpur on 1 st and 2 ndMay, 2014 to hear.
Invitation of Tenders for Supply of Books
Order for Hired vehicles in National Green Tribunal
Notice For Engagement of Law Clerks and Law interns in the National Green Tribunal
Notice for filling up the posts in the National Green Tribunal on Deputation Basis dated 18-02-2014
Recruitment for the post of Drivers dated 13-02-2014
Corrigendum: Notice of inviting Tender for canteen services at National Green Tribunal(PB), New Delhi
Notice of inviting Tender for Car services at National Green Tribunal(PB), New Delhi --- Notice Inviting Tender
Notice of inviting Tender for Canteen Services at National Green Tribunal (PB), New Delhi.
Order Regarding court will hold its sitting at Shimla on 27th & 28th March 2014, to hear

JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL

Tribunal to settle disputes.—(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 enactments specified in Schedule I.

 

(2) The Tribunal shall hear the disputes arising from the questions referred to in sub-section (1) and settle such disputes and pass order thereon.

 

(3) No application for adjudication of dispute under this section shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose:

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.

 

This clause confers on the Tribunal, 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 enactments specified in Schedule I to the Act. It further provides a time-limit of six months within which the applications for adjudication of dispute under this section shall be entertained by the Tribunal. It also empowers the Tribunal to allow such applications to be filed within a further period not exceeding sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period. (Notes on Clauses.)

 

15. Relief, compensation and restitution.—(1) The Tribunal may, by an order, provide,--

 

(a) relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);

 

(b) for restitution of property damaged;

 

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

 

(2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991 (6 of 1991).

 

(3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose:

 

Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.

 

(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate head specified in schedule II so as provide compensation or relief to the claimants and for restitution of the damaged property or environment, as  it may thin it.

 

(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or as the case may be, compensation or relief received from, any other Court or authority.

 

This clause empowers the Tribunal to provide for the relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the schedule I (including accident occuring while handing any hazardous substance), or for restitution  of property damage, or for restitution of the environment for such area or areas. Sub-clause (2) provides that the relief and compensation and restitution of property and environment referred to in sub-section (1) shall be in addition to the relief paid or payable under the public liability Insurance Act, 1991. Sub-clause (3) provides a time-limit of five years within which the applications for grant of any compensation or relief or restitution of property of environment under this section shall be entertained by the Tribunal. It also empowers the Tribunal to allow such applications to be filed within a further period not exceeding sixty  days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period. Sub-clause (4) provides that the Tribunal may, having regard to the damage to the public health, property and environment, divide the compensation payable under separate heads mention in Schedule II so as to provide relief to the claimants and for restitution of the damaged property or environment, as it may think fit. Sub-clause (5) imposes a duty on claimant to the Tribunal intimate about the application filed to, or, as the case may be, relief received from, any other Court or authority. (Notes on Clauses).

16 Tribunal to have appellate jurisdiction.-- Any person aggrieved by, -- (a) an order, or decision on or after the commencement of the National Green Tribunal Act 2010, by the appellate authority under section 28 of the Water (prevention and Control of pollution) Act, 1974 (6 of 1974);

 

(b) an order passed, on or after the commencement of the National Green Tribunal act, 2010, by the state Government under section 29 of the water (Prevention and Control of Pollution) Act, 1974 (6  of 1974) ;

 

(c)  directions issued, on or after the commencement of the National Green Tribunal Act, 2010, by a-Board, under section 33-A of the water (prevention and Control of pollution) Act, 1974 (6 of 1974);

 

(d) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the appellate   authority under section 13 of the water (Prevention and Control of pollution) Cess Act, 1977 (36 of 1977);

 

(e) an order or decision made, on or after the commencement of the National Green Tribunal Act, 2010, by the state Government or other authority under section 2 of the forest (Conservation) Act, 1980 (69 of 1980);

 

(f) an order or decision, made, on or after the commencement of the National Green Tribunal Act, 2010 by the Appellate Authority under section 31 of the Air (Prevention and control of Pollution) Act, 1981 (14 of 1981);

 

(g) any direction issued, on or after the commencement of the National Green Tribunal Act, 2010, under section 5 of the Environment (protection) Act, 1986 (29 of 1986);

 

(h) an order made, on or after the commencement of the National Green Tribunal Act, 2010 granting environmental clearance in the area in which any  industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986);

 

(i) an order made, on or after the commencement of the National Green Tribunal Act, 2010, Refusing to grant environmental clearance for carrying out any activity or operation or process under the Environment (Protection) Act, 1986 (29 of 1986);

 

(j) any determination of benefit sharing or order made, on or after the commencement of the National Green Tribunal Act, 2010, by the National Biodiversity authority or a State Biodiversity Board under the provisions of the Biological Diversity Act, 2002 (18 of 2003),

 

May within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal:

 

Provided that the Tribunal may, if it is satisfied the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed under this section within a further period not exceeding sixty days.

 

This clause confers the Tribunal the appellate jurisdiction against certain order or decisions or directions under 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 and the Biological Diversity Act, 2002, as specified in the aforesaid clause and Schedule III to the Act.

It further provides a time-limit of thirty days within which the appeals may be filed before the Tribunal. It also empowers the Tribunal to allow to be filed within a further period not exceeding sixty days, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period. (Notes on Clauses).

 

17. Liability to pay relief or compensation in certain cases.----  (1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident or the adverse impact of an activity or operation or process, under any enactment specified in Schedule I, the person responsible shall be liable to pay such relief or compensation for such death, injury or damage, under all or any of the heads specified Schedule II, as may be determined by the Tribunal.

 

(2) if the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in Schedule I cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operation and processes, the Tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basis.

 

(3) The Tribunal shall, in case of an accident, apply the principle of no fault.







 


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