The National Green Tribunal Act, 2010 under Section 19 gives the Tribunal power to regulate its own procedure. Additionally, the Tribunal is not bound by procedure under the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and is guided by principles of natural justice. However, the Tribunal is vested with the powers of a civil court under the Code of Civil Procedure for discharging its functions.

Procedure

The Tribunal has framed its own rules since applications to the tribunal are inherently distinct from civil suits or writ petitions. The Tribunal identifies necessary parties as required under necessary statutes mentioned in Schedule I of the NGT Act, 2010 and requires them to promptly respond by email which saves time and cost. Notice is not issued mechanically to every party named as respondents in the application.

The Tribunal entertains letter petitions which bring to light instances of substantial environmental damage. A valid complaint is taken note of even in the absence of any representation from the aggrieved party and response is sought by email and can be filed even without an advocate.

Further directions to submit 'factual and action taken' report are issued to identified statutory authorities and/or experts identified by the Tribunal, as deemed appropriate, to investigate the claims of environmental damage. An executable order is passed requiring concerned authority to take steps including restricting pollution, recovering compensation and initiating prosecution.

Upon adjudication of claims by the Tribunal, select members or committees, including those comprising former high court judges, former chief secretaries or subject matter experts may be appointed to ensure timely execution of the orders, in cases where it is deemed appropriate by the Tribunal. 

Speedy disposal and increased access to justice

Expeditious decision making is beneficial not only to litigants but also enables prevention of potential environmental damage instead of compensating for damage already caused. 

By serving the orders and seeking responses by email only saves time and enables the Tribunal to take decisions in a time bound manner. 

In the absence of full strength of judicial and expert members in regional benches of the Tribunal situated in Chennai, Pune, Bhopal and Kolkata, the Principal Bench in New Delhi is hearing applications from other jurisdictions remotely by video conferencing to meet the needs of the litigants.