Section 17 NGT Act 2010: Liability for Environmental Relief and Compensation
Section 17 of the National Green Tribunal Act, 2010 fixes liability for relief or compensation where death, injury, property damage or environmental damage results from an accident or from the adverse impact of an activity, operation or process under an enactment specified in Schedule I. It also permits equitable apportionment where several activities contribute to the harm and expressly requires the Tribunal to apply the principle of no fault in cases of accident.
What is Section 17 of the National Green Tribunal Act?
Section 17 is titled "Liability to pay relief or compensation in certain cases." It should be read with Section 15, which gives the Tribunal power to provide relief, compensation and restitution, and with Schedule II, which specifies the heads under which compensation or relief for damage may be claimed.
Section 17(1): When liability arises
Where death of, or injury to, any person other than a workman, or damage to any property or environment, has resulted from an accident or from the adverse impact of an activity, operation or process under an enactment specified in Schedule I, the person responsible is liable to pay relief or compensation for that death, injury or damage under all or any of the heads specified in Schedule II, as determined by the Tribunal.
Essential elements of Section 17(1)
| Element | Requirement |
|---|---|
| Recognised harm | Death, injury to a person covered by the provision, damage to property, or damage to the environment. |
| Source of harm | An accident or the adverse impact of an activity, operation or process. |
| Statutory connection | The activity, operation or process must arise under an enactment specified in Schedule I. |
| Person liable | The person responsible for the accident, activity, operation or process in the circumstances covered by the section. |
| Measure of relief | Relief or compensation under all or any applicable heads specified in Schedule II, as determined by the Tribunal. |
Meaning of person responsible
Section 17(1) places liability on the person responsible. The Act does not reduce that expression to a single universal category. Identification of the responsible person depends on the facts, the relevant Schedule I enactment, the activity or process that caused the harm, and the evidence before the Tribunal.
Meaning of accident under the NGT Act
Section 2(1)(a) defines "accident" by reference to an accident involving a fortuitous, sudden or unintended occurrence while handling a hazardous substance or equipment, or a plant connected with such handling, resulting in continuous, intermittent or repeated exposure to death or injury to a person or damage to property or environment. The precise statutory definition should be applied to the facts of an accident-based claim.
Meaning of hazardous substance
Section 2(1)(e) provides that "hazardous substance" has the meaning assigned to it in the Public Liability Insurance Act, 1991 and includes any substance specified as hazardous under the Environment (Protection) Act, 1986 and the rules made under that Act.
The expression other than a workman
Section 17(2): Multiple sources and equitable apportionment
If death, injury or damage caused by an accident or by the adverse impact of an activity, operation or process under a Schedule I enactment cannot be attributed to one single activity, operation or process, but is the combined or resultant effect of several such activities, operations or processes, the Tribunal may apportion liability for relief or compensation among those responsible on an equitable basis.
This provision is especially relevant where environmental harm has multiple contributing sources. The Tribunal is not compelled to attribute the entire loss to a single source when the evidence establishes a combined or resultant effect. It may distribute liability among responsible persons in a manner it considers equitable on the evidence.
What does equitable basis mean?
The Act does not prescribe a fixed mathematical formula for every case. Equitable apportionment requires a fair allocation of liability having regard to the circumstances and evidence concerning the contribution of the responsible activities, operations or processes. The actual method of apportionment is case-specific.
Section 17(3): No-fault principle
The Tribunal shall, in case of an accident, apply the principle of no fault.
The word "shall" makes the statutory direction mandatory for an accident falling within Section 17. The provision focuses the compensation inquiry on the statutory accident and resulting harm rather than making proof of conventional fault or negligence the sole foundation of liability.
Section 17 and Schedule II compensation
Section 17(1) expressly links relief and compensation to all or any of the heads specified in Schedule II. Schedule II is therefore an important part of the compensation framework.
| Schedule II | Head of compensation or relief |
|---|---|
| (a) | Death. |
| (b) | Permanent, temporary, total or partial disability or other injury or sickness. |
| (c) | Loss of wages due to total or partial disability or permanent or temporary disability. |
| (d) | Medical expenses incurred for treatment of injuries or sickness. |
| (e) | Damage to private property. |
| (f) | Expenses incurred by Government or a local authority in providing relief, aid and rehabilitation to affected persons. |
| (g) | Government expenses for administrative or legal action or for coping with harm or damage, including environmental degradation and restoration of environmental quality. |
| (h) | Loss to Government or a local authority arising out of or connected with the activity causing damage. |
| (i) | Harm, damage or destruction to fauna, including milch and draught animals and aquatic fauna. |
| (j) | Harm, damage or destruction to flora, including aquatic flora, crops, vegetables, trees and orchards. |
| (k) | Harm or damage to the environment, including pollution of soil, air, water, land and ecosystems, together with restoration costs. |
| (l) | Loss and destruction of property other than private property. |
| (m) | Loss of business or employment or both. |
| (n) | Any other claim arising out of or connected with an activity involving handling of a hazardous substance. |
Relationship between Sections 15 and 17
Section 15 gives the Tribunal remedial power to provide relief and compensation to victims of pollution and other environmental damage and to order restitution of damaged property and the environment. Section 17 specifically addresses liability for death, injury or damage resulting from an accident or the adverse impact of an activity, operation or process and links compensation to Schedule II.
| Section 15 | Section 17 |
|---|---|
| Expressly covers relief, compensation and restitution. | Expressly determines liability for specified death, injury and damage. |
| Includes restitution of damaged property and environment. | Provides for equitable apportionment among multiple responsible sources. |
| Contains its own limitation provision in Section 15(3). | Requires application of the no-fault principle in accident cases. |
Section 17 and the polluter pays principle
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. These statutory environmental principles operate alongside the liability and compensation framework of Sections 15 and 17.
Schedule I connection
Section 17 applies where the accident or adverse impact arises from an activity, operation or process under an enactment specified in Schedule I. Schedule I includes the Water Act, forest conservation legislation, Air Act, Environment Protection Act, Public Liability Insurance Act and Biological Diversity Act, while the Water Cess Act appearing in the Schedule has subsequently been repealed. Current claims should be examined with the amendments, repeals and renaming of the underlying enactments in mind.
Who may apply for compensation?
Section 18 identifies persons who may make an application for grant of relief or compensation or settlement of a dispute. It includes, subject to the statutory text, the injured person, owner of damaged property, legal representatives of a deceased person, authorised agents, representative bodies or organisations, and specified governmental authorities.
Procedure before the Tribunal
Section 19 governs procedure and powers of the Tribunal. A compensation claim should also be checked against the current National Green Tribunal Practice and Procedure Rules, filing requirements, forms, fees, official directions and binding judicial decisions.
Section 17 at a glance
| Provision | Legal rule |
|---|---|
| Section 17(1) | Person responsible is liable for relief or compensation for qualifying death, injury, property damage or environmental damage under applicable Schedule II heads. |
| Section 17(2) | Where harm is the combined or resultant effect of several activities, operations or processes, the Tribunal may apportion liability among those responsible on an equitable basis. |
| Section 17(3) | In case of an accident, the Tribunal must apply the principle of no fault. |
| Schedule II | Specifies the heads under which compensation or relief for damage may be claimed. |
| Section 20 | Requires application of sustainable development, precautionary principle and polluter pays principle in orders, decisions and awards. |
For an actual compensation claim, verify the current NGT Act, the applicable Schedule I enactment, Schedule II, procedural rules and binding judicial decisions, particularly where worker compensation, multiple polluters, hazardous substances or overlapping statutory remedies are involved.