While the National Green Tribunal has acted as an “effective deterrent” to violations of environmental norms, recent challenges to its decisions in high courts is a growing concern, according to an expert analysis of the green body’s functioning.
The NGT recently came under criticism for its handling of Sri Sri Ravi Shankar’s World Culture Festival on the floodplains of Yamuna.
In his paper, TISS professor Geetanjoy Sahu said: “Another growing concern has been that in recent years, the NGT decisions have been challenged in various High Courts under Article 226… Other High Courts like the Bombay High Court have also started entertaining appeals against the NGT orders and have asserted the superiority of a High Court over the NGT, saying ‘High Court is a constitutional body while NGT is a statutory body’.” The paper, titled ‘Impact of the National Green Tribunal on Environmental Governance in India: An Analysis of Methods and Perspectives’, was published in the Journal on Environmental Law Policy and Development .
Raises concern
The paper raises concern that in cases where the NGT’s decisions are not complied with, it was pointed out that its decisions were “not feasible to implement within a timeframe”.
“The NGT has no means for effectively supervising and implementing its orders. It has no method to reverse its orders if they are found unworkable or require modification,” Mr Sahu said. He pointed out towards a shift in the attitude of the Supreme Court on the environmental appeals.
The tribunal has
no means for supervising and implementing
its orders
