The National Green Tribunal (NGT) does not have the powers to examine validity of laws or strike them down, the Supreme Court said.

A bench headed by Chief Justice S.A. Bobde made the observation while hearing an appeal challenging Section 40 of the Biodiversity Act.

The appeal was filed by the Environment Support Group challenging Section 40 of the Biological Diversity Act, 2002. It was filed before the Karnataka High Court and was later transferred to NGT.

The group challenged the High Court order which transferred the matter to the NGT, contending that the tribunal does not have the power to decide on validity of laws.

National Green Tribunal

• The National Green Tribunal (NGT) was established on October 18, 2010 under the National Green Tribunal Act, 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. 

• It is a specialised body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. 

• NGT has five places of sitting — the principal bench at New Delhi and zonal benches at Pune, Kolkata, Bhopal and Chennai. 

• The Tribunal is headed by the chairperson who sits in the principal bench and has at least ten but not more than twenty judicial members and at least ten but not more than twenty expert members.

• Any person seeking relief and compensation for environmental damage involving subjects in the legislations mentioned in Schedule I of the National Green Tribunal Act, 2010 may approach the Tribunal.

The statutes in Schedule I are:

• The Water (Prevention and Control of Pollution) Act, 1974

• The Water (Prevention and Control of Pollution) Cess Act, 1977

• The Forest (Conservation) Act, 1980

• The Air (Prevention and Control of Pollution) Act, 1981

• The Environment (Protection) Act, 1986

• The Public Liability Insurance Act, 1991

• The Biological Diversity Act, 2002.

• Any person aggrieved by an order/direction of any of the Appellate Authorities under the legislations mentioned above can also challenge them before the National Green Tribunal.

• The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.

• It is mandated to make and endeavour for disposal of applications or appeals finally within six months of filing of the same.

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