Schedule II of the National Green Tribunal Act 2010: Heads for Compensation and Relief

Schedule II of the National Green Tribunal Act, 2010 lists the heads under which compensation or relief for environmental damage may be claimed before the National Green Tribunal. The Schedule is expressly referred to in Section 15(4) and Section 17(1) of the Act.

Statutory context: Section 15 empowers the Tribunal to provide relief and compensation to victims of pollution and other environmental damage, restitution of damaged property, and restitution of the environment. Under Section 15(4), the Tribunal may divide compensation or relief under separate heads specified in Schedule II. Section 17 deals with liability to pay relief or compensation in cases involving an accident or the adverse impact of an activity or operation or process under the enactments specified in Schedule I.

Heads under Schedule II

The following categories identify the kinds of loss, injury, expense and environmental damage for which compensation or relief may be claimed under Schedule II:

  1. Death.
  2. Disability, injury or sickness. Permanent, temporary, total or partial disability, or other injury or sickness.
  3. Loss of wages. Loss of wages due to total or partial disability or permanent or temporary disability.
  4. Medical expenses. Expenses incurred for treatment of injuries or sickness.
  5. Damage to private property.
  6. Relief and rehabilitation expenses. Expenses incurred by the Government or a local authority in providing relief, aid and rehabilitation to affected persons.
  7. Government response and environmental restoration costs. Expenses incurred by the Government for administrative or legal action or for coping with harm or damage, including compensation for environmental degradation and restoration of environmental quality.
  8. Loss to Government or local authority. Loss arising out of, or connected with, the activity causing damage.
  9. Damage to fauna. Claims for harm, damage or destruction to fauna, including milch and draught animals and aquatic fauna.
  10. Damage to flora. Claims for harm, damage or destruction to flora, including aquatic flora, crops, vegetables, trees and orchards.
  11. Environmental harm and restoration. Claims, including restoration costs, for harm or damage to the environment, including pollution of soil, air, water, land and ecosystems.
  12. Other property loss. Loss and destruction of property other than private property.
  13. Business or employment loss. Loss of business or employment, or both.
  14. Hazardous substance related claims. Any other claim arising out of, or connected with, an activity involving the handling of a hazardous substance.

Important definitions under the NGT Act

Environment

Section 2(1)(c) defines "environment" broadly to include water, air and land and the inter-relationship among and between them and human beings, other living creatures, plants, micro-organisms and property.

Handling of hazardous substance

Section 2(1)(e) provides that "handling", in relation to a hazardous substance, includes manufacture, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or similar activity.

Hazardous substance

Section 2(1)(f) adopts the meaning assigned to "hazardous substance" in the Public Liability Insurance Act, 1991 and includes substances specified as hazardous under the Environment (Protection) Act, 1986, subject to the statutory wording and applicable notifications.

How Schedule II operates with Sections 15 and 17

Schedule II does not create a stand-alone cause of action. It provides the statutory heads under which compensation or relief may be assessed when the Tribunal exercises its jurisdiction under the NGT Act. Section 15 addresses relief, compensation and restitution, while Section 17 addresses liability in the circumstances specified by that provision. The Tribunal must also apply the principles of sustainable development, the precautionary principle and the polluter pays principle under Section 20.

For the authoritative statutory text, refer to the official India Code copy of the National Green Tribunal Act, 2010 and the National Green Tribunal website.