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Section 22 and 23 of National Green Tribunal Act 2010

Appeal to Supreme Court and power of the NGT to award costs

Section 22 of the National Green Tribunal Act, 2010 provides a statutory appeal to the Supreme Court against an award, decision or order of the Tribunal. The appeal must ordinarily be filed within ninety days from the date the award, decision or order is communicated to the aggrieved person and must be on one or more of the grounds specified in Section 100 of the Code of Civil Procedure, 1908. The Supreme Court may entertain an appeal after ninety days where sufficient cause prevented the appellant from filing within time.

Section 23 deals with costs. It empowers the Tribunal, while disposing of an application or appeal, to make such order as to costs as it considers necessary. It also permits an award of costs, including lost benefits due to an interim injunction, where a claim is held to be not maintainable, false or vexatious and is disallowed, subject to the Tribunal recording its reasons.

 

 

Section 22 of National Green Tribunal Act 2010 "Appeal to Supreme Court"

Any person aggrieved by any award, decision or order of the Tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order of the Tribunal, to him, on any one or more of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908):

Provided that the Supreme Court may entertain any appeal after the expiry of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal.

 

Section 23 of National Green Tribunal Act 2010 "Cost"

23. (1) While disposing of an application or an appeal under this Act, the Tribunal shall have power to make such order as to costs, as it may consider necessary.

(2) Where the Tribunal holds that a claim is not maintainable, or is false or vexatious, and such claim is disallowed, in whole or in part, the Tribunal may, if it so thinks fit, after recording its reasons for holding such claim to be false or vexatious, make an order to award costs, including lost benefits due to any interim injunction.

 

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