Section 18 NGT Act 2010: Application or Appeal to Tribunal
Section 18 of the National Green Tribunal Act, 2010 sets out the basic filing requirements for applications under Sections 14 and 15 and appeals under Section 16, identifies the persons and authorities who may seek relief, compensation or settlement of an environmental dispute, and directs the Tribunal to endeavour to dispose of proceedings within six months.
What does Section 18 of the NGT Act provide?
Section 18 is the procedural gateway for specified applications and appeals before the National Green Tribunal. It links applications under Section 14, applications for relief, compensation and restitution under Section 15, and statutory appeals under Section 16 to the prescribed filing procedure.
| Provision | Practical effect |
|---|---|
| Section 18(1) | The application or appeal must be in the prescribed form and contain the prescribed particulars, documents and fee. |
| Section 18(2) | Specifies who may apply for relief, compensation or settlement of a dispute. |
| Section 18(3) | Requires expeditious handling and states that an endeavour should be made to finally dispose of the matter within six months after giving the parties an opportunity of hearing. |
Text and meaning of Section 18
Section 18 - Application or appeal to Tribunal
(1) Each application under sections 14 and 15 or an appeal under section 16 shall, be made to the Tribunal in such form, contain such particulars, and, be accompanied by such documents and such fees as may be prescribed.
(2) Without prejudice to the provisions contained in section 16, an application for grant of relief or compensation or settlement of dispute may be made to the Tribunal by-
- the person, who has sustained the injury; or
- the owner of the property to which the damage has been caused; or
- where death has resulted from the environmental damage, by all or any of the legal representatives of the deceased; or
- any agent duly authorised by such person or owner of such property or all or any of the legal representatives of the deceased, as the case may be; or
- any person aggrieved, including any representative body or organisation; or
- the Central Government or a State Government or a Union territory Administration or the Central Pollution Control Board or a State Pollution Control Board or a Pollution Control Committee or a local authority, or any environmental authority constituted or established under the Environment (Protection) Act, 1986 (29 of 1986) or any other law for the time being in force.
First proviso: Where all the legal representatives of a deceased person have not joined an application for compensation, relief or settlement of dispute, the application must be made on behalf of, or for the benefit of, all the legal representatives, and those who have not joined must be impleaded as respondents.
Second proviso: A person, owner, legal representative, agent, representative body or organisation is not entitled to make an application for grant of relief or compensation or settlement of dispute if that person or body has preferred an appeal under section 16.
(3) The application, or as the case may be, the appeal filed before the Tribunal under this Act shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application, or as the case may be, the appeal, finally within six months from the date of filing of the application, or as the case may be, the appeal, after providing the parties concerned an opportunity to be heard.
Who can file an application under Section 18?
The provision gives standing to a broad range of persons and public authorities. Depending on the relief sought, this includes an injured person, the owner of damaged property, legal representatives where environmental damage has caused death, a duly authorised agent, any person aggrieved including a representative body or organisation, and specified governmental, pollution-control, local and environmental authorities.
Where compensation is sought following death and not every legal representative joins the proceeding, Section 18 requires the claim to be brought for the benefit of all legal representatives and requires the non-joining legal representatives to be impleaded as respondents.
How is an NGT application or appeal filed?
Section 18(1) leaves the detailed filing mechanics to the prescribed rules. Under Rule 8 of the National Green Tribunal (Practices and Procedure) Rules, 2011, an application or appeal under Section 18 is presented in Form I by the applicant or appellant, personally, through an agent or through a duly authorised legal practitioner, to the Registrar or an authorised officer, or may be sent by registered post with acknowledgment to the Registrar at the concerned place of sitting. Where the application seeks relief and compensation, the prescribed form is Form II.
Applicants should also check the current filing directions and practice requirements issued by the National Green Tribunal before filing, because procedural instructions for paper books, compilations, electronic filing and hearings may be updated administratively.
Relationship with Sections 14, 15 and 16
Section 14 concerns the Tribunal's jurisdiction over civil cases involving a substantial question relating to the environment arising from implementation of the enactments specified in Schedule I. Section 15 deals with relief and compensation to victims of pollution and other environmental damage, restitution of damaged property and restitution of the environment. Section 16 confers appellate jurisdiction in respect of the orders and decisions specified in that provision. Section 18 supplies the filing framework for these proceedings.
Six-month disposal objective
Section 18(3) requires applications and appeals to be dealt with as expeditiously as possible. The Tribunal is to endeavour to dispose of them finally within six months from filing, after providing the concerned parties an opportunity to be heard. The wording is an endeavour for expeditious disposal rather than an automatic termination of a proceeding merely because six months have elapsed.
Official legal resources
Legal information should be read with the current text of the Act, applicable rules, amendments, notifications and binding judicial decisions relevant to the facts of a particular case.