National Green Tribunal Act, 2010 / Section 14

Section 14 NGT Act 2010: Tribunal Jurisdiction to Settle Environmental Disputes

Section 14 of the National Green Tribunal Act, 2010 confers original jurisdiction on the National Green Tribunal over civil cases involving a substantial question relating to the environment, including enforcement of a legal right relating to the environment, where that question arises from implementation of an enactment specified in Schedule I.

What is Section 14 of the National Green Tribunal Act?

Section 14 is titled "Tribunal to settle disputes." It is a central source of the NGT's original jurisdiction. The section identifies the type of civil environmental dispute the Tribunal may adjudicate, empowers the Tribunal to settle such disputes and prescribes a special limitation period for applications under this section.

Section 14(1): Original jurisdiction of the NGT

This provision means that an environmental concern alone does not automatically establish jurisdiction under Section 14. The dispute must satisfy the statutory requirements of Section 14(1), including the required connection with a Schedule I enactment.

What is a substantial question relating to environment?

Section 2(1)(m) of the NGT Act defines "substantial question relating to environment" inclusively. It covers specified instances involving direct violation of a statutory environmental obligation where environmental consequences affect or are likely to affect the community at large, the gravity of environmental or property damage is substantial, or damage to public health is broadly measurable. It also includes environmental consequences relating to a specific activity or a point source of pollution.

Section 14(2): Power to hear and settle environmental disputes

Section 14 therefore does more than define subject-matter jurisdiction. Once the statutory jurisdictional conditions are met, it expressly authorises the Tribunal to adjudicate and pass orders on the environmental dispute.

Section 14(3): Six-month limitation period

The words "first arose" are important. The limitation provision is framed around the date on which the cause of action for the environmental dispute first arose. Whether a particular application is within time depends on the pleaded facts, the environmental dispute and the applicable judicial interpretation of Section 14(3).

What does sufficient cause mean?

Section 14(3) does not define every circumstance that can amount to sufficient cause. The applicant seeking the additional period must satisfy the Tribunal that sufficient cause prevented filing within the initial six months. Even where sufficient cause is established, the statutory proviso permits an extension only within the further period specified in Section 14(3).

Schedule I enactments relevant to Section 14

Schedule I identifies the environmental enactments connected with the Tribunal's statutory jurisdiction. The Schedule published with the NGT Act lists the following enactments:

What cases can be filed under Section 14?

A Section 14 application generally requires a civil environmental dispute that satisfies the statutory jurisdictional test. Examples may involve alleged pollution, environmental degradation, breach of statutory environmental obligations or enforcement of a legal right relating to the environment, provided the substantial environmental question arises from implementation of a Schedule I enactment.

What is outside Section 14 jurisdiction?

A matter does not fall within Section 14 merely because it has some connection with an environmental institution or subject. The statutory test must still be met. Administrative, service or other disputes that do not constitute a civil case involving a substantial question relating to the environment arising from a Schedule I enactment may fall outside Section 14.

Section 14 compared with Sections 15 and 16

Who may approach the Tribunal?

The procedure for making an application or appeal is dealt with principally in Section 18 of the NGT Act. A person invoking Section 14 should therefore read the jurisdiction provision together with Section 18, the applicable NGT procedural rules and current filing directions of the Tribunal.

Procedure and environmental principles

After jurisdiction is established, Section 19 governs the Tribunal's procedure and powers. Section 20 requires the Tribunal, while passing an order, decision or award, to apply the principles of sustainable development, the precautionary principle and the polluter pays principle.

Key points under Section 14

For an actual case, verify the current text of the NGT Act, amendments to the relevant Schedule I legislation, the latest NGT procedural rules and binding judicial decisions on jurisdiction and limitation.