Sections 29 and 30 of the National Green Tribunal Act, 2010: Bar of Jurisdiction and Cognizance of Offences
Sections 29 and 30 of the National Green Tribunal Act, 2010 deal with two distinct procedural matters. Section 29 restricts civil court jurisdiction over matters that fall within the Tribunal's statutory domain, while Section 30 specifies who may initiate a complaint for an offence under the Act and the minimum level of criminal court competent to try such an offence.
Section 29 - Bar of jurisdiction
Section 29 bars civil courts from entertaining specified matters that the National Green Tribunal is empowered to determine. The provision covers both the Tribunal's appellate jurisdiction and claims or disputes concerning relief, compensation or restitution that may be adjudicated by the Tribunal.
29. Bar of jurisdiction.
(1) With effect from the date of establishment of the Tribunal under this Act, no civil court shall have jurisdiction to entertain any appeal in respect of any matter which the Tribunal is empowered to determine under its appellate jurisdiction.
(2) No civil court shall have jurisdiction to settle a dispute or entertain any question relating to a claim for relief, compensation or restitution of damaged property or damaged environment which may be adjudicated upon by the Tribunal. A civil court also cannot grant an injunction concerning action taken or proposed to be taken by or before the Tribunal in respect of settlement of such a dispute or claim.
What does the bar on civil court jurisdiction mean?
- Appellate matters: A civil court cannot entertain an appeal concerning a matter that the Tribunal is empowered to determine in its appellate jurisdiction.
- Environmental claims: The bar covers disputes and questions relating to claims for relief, compensation or restitution of property or environment damage that may be adjudicated by the Tribunal.
- Injunctions: A civil court cannot grant an injunction against action taken or proposed before the Tribunal in relation to settlement of the specified dispute or claim.
- Scope of the bar: The statutory bar is tied to matters that the NGT Act empowers the Tribunal to determine or adjudicate. The nature of the dispute and the Tribunal's statutory jurisdiction therefore remain central to applying Section 29.
Section 30 - Cognizance of offences
Section 30 controls the manner in which a court may take cognizance of an offence under the NGT Act. Cognizance can be based on a complaint by the Central Government or an authorised authority or officer. The section also permits a complaint by another person after the prescribed notice requirement is satisfied.
30. Cognizance of offences.
(1) No court shall take cognizance of an offence under the Act except on a complaint made by:
(a) the Central Government, or an authority or officer authorised by that Government for this purpose; or
(b) a person who has given notice of not less than sixty days, in the prescribed manner, of the alleged offence and of the intention to make a complaint to the Central Government or the authorised authority or officer.
(2) No court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try an offence punishable under the Act.
Who may make a complaint under Section 30?
The statutory routes are specific. A complaint may be made directly by the Central Government or by an authority or officer authorised by it. A private person may also make a complaint, but Section 30(1)(b) requires that person first to give at least sixty days' notice, in the prescribed manner, stating the alleged offence and the intention to make a complaint.
Meaning of cognizance under Section 30
In Section 30, "cognizance" concerns the court's taking judicial notice of an alleged offence for the purpose of proceeding under criminal law. The section places a statutory condition on cognizance: the complaint must come through one of the routes specified in sub-section (1).
Which court can try an offence under the NGT Act?
Section 30(2) establishes the minimum judicial level for trial. An offence punishable under the NGT Act cannot be tried by a court inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class.
Related provisions of the NGT Act
Section 26 prescribes penalties for failure to comply with an order, award or decision of the Tribunal. Section 27 deals with offences by companies, and Section 28 deals with offences by Government Departments. Section 30 provides the cognizance and trial framework for offences under the Act.
Official legal resources
India Code - National Green Tribunal Act, 2010
Ministry of Environment, Forest and Climate Change - National Green Tribunal
National Green Tribunal - Official Website