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| The Role of National Green Tribunal (NGT) on the holy river Ganga Pollution: A legal appraisal. | |||||||
| Paper Id :
17073 Submission Date :
02/01/2023 Acceptance Date :
22/01/2023 Publication Date :
25/01/2023
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| Abstract | Healthy environment benefits human life and helps in survival. If it is polluted, then survival of life is very difficult. The governments have made the policies from time to time for protection to environment and reducing pollution. The parliament has made the several laws concerning environment protection such as the Water pollution Act, Air pollution Act, Soil pollution Act and Forest Wildlife protection Act etc. The Indian judiciary has protected the environment through important verdicts of cases. The famous slogan "Water is life" means that water is the lifeline of human beings and creatures on earth. The river Ganga is one of the most important rivers in the country regarding to Water bank, transportation, tourism and high religious value etc. Considering the importance of river Ganga, both the government and the judiciary have to take very protective measures. In the series of protection to holy river Ganga the National Green Tribunal plays the great contribution. It’s created by government on the direction of hon'ble apex court of this country for the purpose of settlements’ of environmental issues as expert court. This paper is to describe the environmental issues related to the legislation and policy of holy river Ganga. It also describes the judicial contribution in setting up environmental courts to deal with environmental issues and to discuss the role of the National Green Tribunal in the context of protection of the river Ganga from pollution. | ||||||
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| Keywords | Environment, Pollution, Parliament, Judiciary, Expert Court, Legislation. | ||||||
| Introduction |
In India, the Ganga River has significant cultural, economic, and environmental significance. The river originates in the Himalayas and flows into the Bay of Bengal. It travels more than 2,500 kilometers through the plains of northern and eastern India. 26% of India's landmass, 30% of its water resources, and more than 40% of its population are located in the Ganga basin, which also includes portions of Nepal, China, and Bangladesh. In addition to being one of India's holiest rivers, the Ganga's cultural and spiritual significance extends beyond its basin.
Extreme pollution pressures have a negative impact on both the quantity and quality of the Ganga's flows, despite the river's importance to biodiversity and environmental sustainability. River water quality has significantly deteriorated, particularly during dry seasons, as a result of the basin's growing population, poorly managed urbanization, and industrial expansion. Only one third of the sewage generated in the mainstem towns and cities is treated before being discharged into the river, making industrial wastewater and untreated sewage the primary sources of pollution.
The National Ganga River Basin Authority (NGRBA)
On February 20, 2009, the Government of India established the National Ganga River Basin Authority (NGRBA) to oversee the entire river in accordance with section 3(3) of the Environment Protection Act of 1986. The Prime Minister will be in charge of the NGRBA, which will function as a partnership between central and state governments.[1] The chief ministers of the five primary basin states (Uttarakhand, Uttar Pradesh, Bihar, Jharkhand, and West Bengal) and key Government of India ministers (Water Resources, Environment and Forests, Power, Finance, Urban Development, Science and Technology, and Planning Commission) are among the members. The NGRBA can "co-opt" members from the other six basin states and includes representatives from civil society organizations as well as experts in a variety of relevant fields. |
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| Aim of study | The purpose of this paper is to evaluate the environmental issues related to the legislation and policy of pollution, prevention and protection of holy river Ganga. It also describes the judicial contribution in setting up environmental courts to deal with environmental issues and the role of the National Green Tribunal in the context of protection of the river Ganga from pollution. | ||||||
| Review of Literature | The Judicial contribution for National Green Tribunal As far as India is concerned, the need for establishing
environmental courts in India arose in different circumstances and in different
times. In the cases of M.C. Mehta Vs. Union of India[2], Indian Council for
Enviro-Legal Action Vs. Union of India[3]
and A.P. Pollution Control Board Vs. Professor M.V. Nayudu[4], the
Indian Supreme Court (orders of 1986, 1996, 2001) observed that as
environmental cases frequently involve assessment of scientific data, setting
up environmental courts on a regional basis with a legally qualified judge and
two experts would help speed the judicial process. The Law Commission of India (186th Report 2003)
recommended the establishment of environmental courts in India. This recommendation
was based on a review of the technical and scientific problems that came before
the courts and the inadequacy of judicial knowledge on the scientific and
technical aspects of environmental issues[5]. Indian Council for Enviro-Legal ... Vs Union of India and
Ors. In this case hon’ble apex court described the need of
environmental courts and its related factors and issues. In verdict of the
court stated “The suggestion for establishment of environment courts is a
commendable one. The experience shows that the prosecutions launched in
ordinary criminal courts under the provisions of the Water Act, Air Act and
Environment Act never reach their conclusion either because of the work-load in
those courts or because there is no proper appreciation of the significance of
the environment matters on the part of those in charge of conducting of those
cases. Moreover, any orders passed by the authorities under Water and Air Acts
and the Environment Act are immediately questioned by the industries in courts.
Those proceedings take years and years to reach conclusion. Very often, interim
orders are granted meanwhile which effectively disable the authorities from
ensuring the implementation of their orders. All this points to the need for
creating environment courts which alone should be empowered to deal with all
matters, civil and criminal, relating to environment. These courts should be
manned by legally trained persons/judicial officers and should be allowed to
adopt summary procedures. This issue, no doubt, requires to be studied and
examined in depth from all angles before taking any action.”[6] After the describing the need of environmental courts and
its related factors and issues, the apex court directed to central government
may also consider the advisability of strengthening the environment protection
machinery both at the Center and the States and provide them more teeth. The
heads of several units and agencies should be made personally accountable for
any lapses and/or negligence on the part of their units and agencies. The idea
of an environmental audit by specialist bodies created on a permanent basis
with power to inspect, check and take necessary action not only against erring
industries but also against erring officers may be considered. The idea of an
environmental audit conducted periodically and certified annually, by
specialists in the field, duly recognised, can also be considered. The ultimate
idea is to integrate and balance the concern for environment with the need for
industrialisation and technological progress.[7] Establishment of (environmental court) the national green
tribunal The National Green Tribunal Act of 2010 has enacted
through the Parliament of India, under the provision of Article 21 of the
Constitution of India, which emphasises the right to live in a clean and
healthy environment. According to this Act, the National Green Tribunal has
been established on October 18, 2010, with the purpose of efficiently and
quickly resolving cases pertaining to environmental protection and conservation
of forests and other natural resources.[8] This includes enforcing any
environmental-related legal right and providing relief and compensation for
damages to individuals and property, as well as matters related to or
incidental thereto. It is a specialized body that has the knowledge to handle
environmental disputes that involve multiple disciplines. Principles of natural
justice will serve as the Tribunal's guide, and it will not be bound by the
1908 Code of Civil Procedure. The Tribunal's special authority over environmental
issues will expedite environmental justice and ease the burden of higher court
litigation. The Tribunal is required to investigate and attempt to resolve
applications or appeals within six months of their filing. In order to make
itself more accessible, the NGT has initially be set up at five locations with
circuit procedures. The principal place of the Tribunal's sitting is in New
Delhi, with Bhopal, Pune, Kolkata, and Chennai serving as the other four
locations. The Role of Ngt Upon Ganga River In the case MC Mehta vs Union of India[9] the National Green Tribunal (NGT) passing a
slew of directions to rejuvenate River Ganga, declaring as ‘No-Development
Zone‘ an area of 100 metres from the edge of the river between Haridwar in
Uttarakhand to Unnao in Uttar Pradesh.[10] In the case Naveen Rana vs State of
Uttkhanard[11] The Green court also ruled that no dumping of any kind of waste
would be permissible within 500 metres of the Ganga.[12] Authorities have been
instructed to impose a hefty penalty of Rs. 50,000 on anyone found guilty of
disposing waste.[13] The Supreme Court transfers the Ganga cleaning case with
regards to industrial pollution to NGT.[14] The Centre approves an outlay of Rs
20,000 crore for Clean Ganga project.[15] The NGT imposes complete ban on use
of plastic of any kind from Gomukh to Haridwar along Ganga from February 1,
2016.[16] The NGT asks UP to apprise public about proceedings as it
may order shifting of polluting industrial units located on the banks of
Ganga.[17] The NGT directs the Centre and Uttar Pradesh government to take a
clear stand on a mechanism to clean the river from Haridwar to Kanpur[18]. The
NGT asks the Centre not to release funds without its approval due to the
lackadaisical approach of Uttar Pradesh and Uttarakhand officials in
enumerating reasons for pollution in Ganga.[19] The NGT asks UP and Uttarakhand
governments to identify seriously polluting industries located on the banks of
Ganga[20]. The NGT appoints a committee to look into grossly
polluting industries located along the banks of Ganga.[21] The NGT seeks
complete data on sewage discharged in Ganga.[22] 1070 polluting units discharge effluents in Ganga in UP,
Uttar Pradesh Pollution Control Board (UPPCB) tells NGT.[23] The NGT seeks expenditure details of Rs. 20,000 crore
from National Mission for Clean Ganga (NMCG).[24] The Ganga water has heavy
metal, pesticide traces, Central Pollution Control Board (CPCB) tells NGT[25].
Almost 10 million litres of untreated waste water is being directly pumped into
Ganga every day only in Mirzapur from five big drains, NGT informed.[26] The
NGT bars UP government from spending on projects along Ganga.[27] The NGT forms
panel to check sewage joining Ganga through drains.[28] The NGT flays UP
government over tanneries, says can’t behave like king.[29] Consortium of seven IITs tells NGT that multiplicity of
authorities, lack of assistance from state governments and dearth of monitoring
has led to the failure of cleaning Ganga[30]. UP government headed by Akhilesh
Yadav tells NGT that it was impossible to shift tanneries from Kanpur.[31]
Supreme Court transfers Public-Interest Litigation (PIL) on cleaning of river
Ganga, pending for over a decade, to the National Green Tribunal (NGT) which is
hearing the matter since 2014[32].Public money wasted, not a drop of Ganga
cleaned, says NGT[33]. Yogi Adityanath government favours shifting of Kanpur
tanneries, tells NGT that all the sources which pollute Ganga should be treated
on the basis of definite data[34].orders closure of 13 industries violating
pollution norms.[35] reserves verdict on Phase-II of river Ganga.[36] The NGT
raps authorities for spending over Rs 7,000 crore in two years to clean the
Ganga as it bans all construction activity within 100 metres of the river
edge.[37] New dimension of Uttarakhand High Court
In the case of Lalit Miglani vs State Of Uttarakhand and
Others[38] Uttarakhand High Court gave a
unique judgment on the River Ganga and the court have take on decision of this
case on the grounds. That "The only other place in the world to have given
rights to a river at par with humans is New Zealand. That’s country’s
Parliament passed a bill declaring the 145-km-long Whanganui River as a living
entity." therefore The court declared the river a “living entity.” The
order gives the river the same rights as a human being. It means, polluting the
river will be seen as harming a human being. The court also ordered the
Uttarakhand government to form a Ganga Administration Board. The board will be
responsible for the maintenance and cleaning the river. But the Supreme Court
has stayed the judgments of high court of Uttrakhand named Lalit Miglani case. |
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| Conclusion | In conclusion after the appraisal above mentioned facts, literature, Acts and decision of the Apex court, high court and specifically National Green Tribunal and its branches we find that the river Ganga is Holy river, So it is recognition religious, cultural and rituals values and another important geographically as water, waterways, mince menials, tourism and transportation. For the purpose of reducing pollution river Ganga under the environmental issue in the leading case Indian Council for Enviro-Legal ... Vs Union of India and Ors. The hon’ble Supreme Court suggested for establishment of environment courts. That the prosecutions launched in ordinary criminal courts under the provisions of the Water Act, Air Act and Environment Act never reach their conclusion, work-load in those courts, no proper appreciation of the significance of the environment matters on the part of those in charge of conducting of those cases. Moreover, any orders passed by the authorities under Water and Air Acts and the Environment Act are immediately questioned by the industries in courts and proceedings take years and years to reach conclusion. The environmental cases frequently involve assessment of scientific data, setting up environmental courts on a regional basis with a legally qualified judge and two experts would help speed the judicial process. In the lights of above and two other important judgments (1) M.C. Mehta vs. Union of India and (2) A.P. Pollution Control Board vs. Professor M.V. Nayudu and also recommendation of the Law Commission 186th Report 2003. The parliament passed the National Green Tribunal Act, 2010. The central government made several policies for prevention of pollution and protection of environment including holy river Ganga. The role of NGT upon river Ganga has great important and high values. The many number of case related to river Ganga pollution, the NGT have take strict decision against the governments, authorities and industries for preventing to Ganga pollution. | ||||||
| References | Books
1. Diwan, Shyam and Rosencranz, Armin, Environmental Law and Policy in India: Cases, Materials and Statutes (Oxford University Press, New Delhi, 2nd edn., 2012).
2. Leelakrishnan, P, Environmental Law in India (Lexis Nexis, Haryana, Fourth Edition, 2016).
3. Shukla, O.P., Environment Protection Law (Agrotech Press, New Delhi, First Published, 2013).
4. Venkat, Aruna, Environmental Law and Policy (PHI Learning Private Limited, New Delhi, Edition, 2011).
Acts
1. The Constitution of India, 1950
2. The Environment (Protection) Act, 1986
3. The National Green Tribunal Act, 2010
Report-
Law Commission of India (186th Report 2003)
Case-
M.C. Mehta vs. Union of India (AIR 1987 SC 965)
Indian Council for Enviro-Legal Action vs. Union of India (1996 3 SCC 212)
A.P. Pollution Control Board vs. Professor M.V. Nayudu (1992 2 SCC 718)
Lalit Miglani vs State Of Uttarakhand and Others on 30 March, 2017
Web-
1. http://www.indiaenvironmentportal.org.in/files/NGRBA_Environmental %20and%20 Social%20Analysis_VolI_MoEF_2010.pdf
2. http://lawcommissionofindia.nic.in/reports/186th%20report.pdf
3. https://indiankanoon.org/doc/1818014/
4. https://www.greentribunal.gov.in/about-us
5. http://www.indiaenvironmentportal.org.in/files/NGT%20judgement_ Ganga_13% 20July%202017
6. https://greentribunal.gov.in/
7. https://economictimes.indiatimes.com/
8. https://indianexpress.com/article/india/ngt-to-hear-pil-on-cleaning-of- ganga-from-february-6-4491444/
9. https://nmcg.nic.in/NamamiGanga.aspx
10. https://timesofindia.indiatimes.com/home/environment/ngt-bans- plastic-use-along-ganga-from- gomukh-to-haridwar/articleshow/50128163.cms
11. https://www.hindustantimes.com/india/ngt-directs-up-government- on-ganga-pollution-issue/story-hxRRnEjp1FK1FT9CRBSmvM.html
12. https://www.oneindia.com/india/ngt-directs-centre-take-clear-stand-on-ganga-rejuvenation-1973869.html
13. https://www.millenniumpost.in/dont-release-funds-to-clean-ganga- without-our-nod-ngt-to-centre-120175
14. https://www.dailypioneer.com/2016/india/ngt-asks-up-ukhand-to-identify- industries-seriously-polluting-ganga.html
15. https://www.millenniumpost.in/ganga-ngt-appoints-panel-to-look-into- grossly-polluting-units-123762
16. https://www.thehindubusinessline.com/news/ngt-seeks-complete-data -on-sewage-discharged-in-ganga/article8381545.ece
17. https://www.business-standard.com/article/pti-stories/1070-polluting -units-discharge-effluents-in-ganga-in-up-116040501038_1.html
18. https://updates.manupatra.com/roundup/contentsummary.aspx?iid=5139
19. http://admin.indiaenvironmentportal.org.in/news/ganga-water-has- heavy-metal-pesticide-traces-cpcb
20. http://www.indiaenvironmentportal.org.in/files/file/IDMC-report-drains-NGT.pdf
21. http://admin.indiaenvironmentportal.org.in/news/ngt-bars-govt-spending-projects-along-ganga
22. https://www.business-standard.com/article/pti-stories/ngt-flays-up- govt-over-tanneries-says-can-t-behave-like-king-116112100854_1.html
23. https://www.indiawaterportal.org/articles/ganga-clean-programme-has-failed-iit-consortium
24. https://openthemagazine.com/cover-stories/being-akhilesh-yadav/
25. https://scroll.in/latest/828731/not-a-drop-of-ganga-cleaned-national -green-tribunal-criticises-agencies-for-wasting-public-money
26. https://nmcg.nic.in/writereaddata/fileupload/11_Minutes%20of% 201st%20meeting%20of%20NGC.pdf
27. https://mantralayatimes.com/archives/18155
28. https://www.business-standard.com/article/current-affairs/ ngt-reserves-verdict-on-phase-ii-of-river-ganga-cleaning-project-117053101127_1.html
29.https://thelogicalindian.com/news/ganga-ngt/ |
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| Endnote | 1. http://www.indiaenvironmentportal.org.in/files/NGRBA_Environmental%20 and%20Social%20Analysis_VolI_MoEF_2010.pdf 2. (AIR 1987 SC 965) 3. (1996 3 SCC 212) 4. (1992 2 SCC 718) 5. http://lawcommissionofindia.nic.in/reports/186th%20report.pdf 6. https://indiankanoon.org/doc/1818014/ 7. Ibid. 8. https://www.greentribunal.gov.in/about-us 9. http://www.indiaenvironmentportal.org.in/files/NGT%20judgement_ Ganga_13%20July%202017 10. ORIGINAL APPLICATION NO- 200 OF 2014 (C.WRIT PETITION No. 3727/1985) (M.A. No. 594/2017 & 598/2017) 11. MA No. 54 of 2022 IN OA No. 296 of 2022 (Naveen Rana vs State of Uttkhanard) 12. https://greentribunal.gov.in/ 13. https://economictimes.indiatimes.com/ 14. https://indianexpress.com/article/india/ngt-to-hear-pil-on-cleaning-of-ganga-from-february-6-4491444/ 15. https://nmcg.nic.in/NamamiGanga.aspx 16. https://timesofindia.indiatimes.com/home/environment/ngt-bans-plastic-use-along-ganga-from- gomukh-to-haridwar/articleshow/50128163.cms 17. https://www.hindustantimes.com/india/ngt-directs-up-government-on- ganga-pollution-issue/story-hxRRnEjp1FK1FT9CRBSmvM.html 18. https://www.oneindia.com/india/ngt-directs-centre-take-clear-stand-on- ganga-rejuvenation-1973869.html 19. https://www.millenniumpost.in/dont-release-funds-to-clean-ganga- without-our-nod-ngt-to-centre-120175 20. https://www.dailypioneer.com/2016/india/ngt-asks-up-ukhand-to-identify- industries-seriously- polluting-ganga.html 21. https://www.millenniumpost.in/ganga-ngt-appoints-panel-to-look-into- grossly-polluting-units-123762 22. https://www.thehindubusinessline.com/news/ngt-seeks-complete-data- on-sewage-discharged-in-ganga/article8381545.ece 23. https://www.business-standard.com/article/pti-stories/1070-polluting- units-discharge-effluents-in-ganga-in-up-116040501038_1.html 24. https://updates.manupatra.com/roundup/contentsummary.aspx?iid=5139 25. http://admin.indiaenvironmentportal.org.in/news/ganga-water-has-heavy- metal-pesticide-traces-cpcb 26. http://www.indiaenvironmentportal.org.in/files/file/IDMC-report-drains- NGT.pdf 27. http://admin.indiaenvironmentportal.org.in/news/ngt-bars-govt- spending-projects-along-ganga 28. Report in OA No. 341 of 2022 (Deepak Awasthi Vs. State of U.P.) 29. https://www.business-standard.com/article/pti-stories/ngt-flays-up- govt-over-tanneries-says-can-t-behave-like-king-116112100854_1.html 30. https://www.indiawaterportal.org/articles/ganga-clean-programme- has-failed-iit-consortium 31. https://openthemagazine.com/cover-stories/being-akhilesh-yadav/ 32. 7. Report by CPCB in O.A. No. 200 of 2014 titled M.C. Mehta Vs. UOI.pdf 33. https://scroll.in/latest/828731/not-a-drop-of-ganga-cleaned-national- green-tribunal-criticises-agencies-for-wasting-public-money 34. https://nmcg.nic.in/writereaddata/fileupload/11_Minutes%20of%201st% 20meeting%20of%20NGC.pdf 35. https://mantralayatimes.com/archives/18155 36. https://www.business-standard.com/article/current-affairs/ngt-reserves- verdict-on-phase-ii-of-river-ganga-cleaning-project-117053101127_1.html 37. https://thelogicalindian.com/news/ganga-ngt/ 38. Lalit Miglani vs State Of Uttarakhand And Others on 30 March, 2017 |
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