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NGT-single member bench
December 7 , 2017
2417 days
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- The Union Environment Ministry has allowed NGT Chairperson to “constitute a single-member bench” in “exceptional circumstances”. It has amended Nation al Green Tribunal (Practices and Procedure) Rules, 2011 and issued notification. However, it has not defined “exceptional circumstances”.
- Current rules require that every Bench of the NGT consist of “two or more” members and made up of at least one judicial and one expert member.
- It has allowed the Chairperson of NGT to constitute single member benches.
- The notification was issued following the SC criticized the union government for not filling up vacancies in the NGT principal and zonal benches.
- NGT was established in 2010 with its principal bench in Delhi.
- Its zonal benches are located in Pune, Chennai, Kolkatta, Bopal.
- Its objective is to provide an effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws.
- The NGT has the power to hear all civil cases relating to environmental issues that are linked to the following laws -
- The Water (Prevention and Control of Pollution) Act, 1974
- 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.
- There is a bar on civil court to take cases under these listed laws in Schedule 1 of NGT act.
- 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.
- 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.
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