Environmental Law
Pollution, forest and wildlife matters before the National Green Tribunal, High Courts and the Supreme Court, including public interest environmental litigation.
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What this case type involves
Environmental law in India rests on the constitutional duty of the State and citizens to protect the environment (Articles 48A and 51A(g)), the right to a clean and healthy environment read into Article 21, and a set of statutes — the Environment (Protection) Act 1986, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980 (formerly the Forest (Conservation) Act), the Wild Life (Protection) Act 1972 and the Biological Diversity Act 2002. Courts apply the precautionary principle, the polluter-pays principle and the public-trust doctrine developed in Vellore Citizens' Welfare Forum v. Union of India (1996) and M.C. Mehta v. Kamal Nath (1997).
The National Green Tribunal, established under the National Green Tribunal Act 2010, is the specialised forum for civil environmental disputes and for appeals against environmental clearances and consents. Its orders are appealable directly to the Supreme Court. High Courts continue to exercise writ jurisdiction, and the Supreme Court hears environmental matters both by appeal and in continuing public interest litigation such as the Godavarman forest case.
Jurisdiction and the right court
The National Green Tribunal has original jurisdiction over all civil cases involving a substantial question relating to environment arising out of the enactments in Schedule I (‘Section 14, National Green Tribunal Act 2010’), power to award compensation and restitution (‘Section 15’), and appellate jurisdiction over orders such as environmental clearances and consents (‘Section 16’). Its Principal Bench sits at New Delhi with zonal benches at Bhopal, Pune, Kolkata and Chennai.
Appeals from the Tribunal lie to the Supreme Court within 90 days (‘Section 22, National Green Tribunal Act 2010’). High Courts retain jurisdiction under Article 226, and the Supreme Court under Article 32, particularly for constitutional questions and matters not covered by Schedule I.
Key legal provisions
Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.
‘Article 48A, Constitution of India’
the State shall endeavour to protect and improve the environment and safeguard forests and wildlife.
‘Article 51A(g), Constitution of India’
fundamental duty of every citizen to protect and improve the natural environment.
‘Article 21, Constitution of India’
the right to life includes the right to a wholesome environment (Subhash Kumar v. State of Bihar (1991)).
‘Section 3, Environment (Protection) Act 1986’ and ‘Section 5, Environment (Protection) Act 1986’
Central Government's power to take measures and issue binding directions, including closure of industries.
‘Section 25, Water (Prevention and Control of Pollution) Act 1974’ and ‘Section 21, Air (Prevention and Control of Pollution) Act 1981’
consent of the State Pollution Control Board required to establish or operate a polluting unit.
‘Section 2, Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980’
prior approval of the Central Government for de-reservation of forest or use of forest land for non-forest purposes.
‘Section 14, National Green Tribunal Act 2010’, ‘Section 15, National Green Tribunal Act 2010’ and ‘Section 16, National Green Tribunal Act 2010’
original, compensatory and appellate jurisdiction of the Tribunal.
‘Section 22, National Green Tribunal Act 2010’
appeal to the Supreme Court within 90 days on grounds specified in Section 100 CPC.
Filing procedure, step by step
- 1Document the environmental harm — photographs, water or air quality reports, Pollution Control Board inspection reports, RTI replies.
- 2Complain to the State Pollution Control Board or the relevant authority and keep the acknowledgement; the Tribunal expects prior representation where practicable.
- 3File the original application (Form I under the NGT (Practices and Procedure) Rules 2011) or appeal (Form II) before the appropriate Bench with the prescribed fee; applications for compensation attach a valuation.
- 4The Tribunal may constitute an expert committee, direct site inspection and pass interim directions; hearings are relatively informal but require technical evidence.
- 5Orders may direct restoration, compensation into an environmental relief fund, closure or conditions on operation; non-compliance is punishable under Section 26.
- 6Appeal to the Supreme Court within 90 days of the Tribunal's order.
Limitation periods
- Original application under Section 14: six months from the date the cause of action first arose, extendable by 60 days for sufficient cause (Section 14(3)).
- Compensation claim under Section 15: five years from the date the cause of action first arose, extendable by 60 days (Section 15(3)).
- Appeal under Section 16 against a clearance or consent: 30 days from communication of the order, extendable by 60 days (Section 16 proviso).
- Appeal to the Supreme Court under Section 22: 90 days from communication of the Tribunal's order, extendable on sufficient cause.
Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.
Documents you will need
- Photographs, videos and location details of the polluting activity
- Test reports from accredited laboratories; Pollution Control Board reports
- The impugned clearance, consent or order (in appeals)
- Representations to authorities and their replies; RTI responses
- Medical evidence or property damage records for compensation claims
- Affidavit disclosing the applicant's interest and bona fides
Practical tips for litigants
- Environmental claims are technical — an expert report or credible scientific data is far more persuasive than assertions.
- Limitation before the Tribunal is short; file promptly and plead when the cause of action first arose.
- Seek specific, enforceable directions (monitoring committee, timeline, fund) rather than general declarations.
- Project proponents should ensure conditions of clearance are complied with and documented; the Tribunal frequently examines compliance reports.
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