On June 17, 1995, the National Environment Tribunal Act was passed by the parliament. As a result of India’s expanding population, which not only contributes to pollution and environmental degradation but also plays a significant role in environmental accidents, the country is grappling with a number of environmental issues. India contemplated implementing the Tribunal addressing the protection of the environment and the payment of compensation to persons, property, and the environment as a participant in the 1992 United Nations Conference. A tribunal was established by an act to handle cases involving environmental issues and compensation
Salient features of Act
Objective
The Tribunal is tasked with providing effective and expeditious remedy in cases relating to environmental protection, conservation of forests and other natural resources and enforcement of any legal right relating to environment.
summary of act
National Environment Tribunal Act, 1995 consists of 31 Sections to fulfill the broad objectives laid under Act. As the Act enacted with a broad objective to provide compensation to person who got injured, the owner has to pay compensation under Section 3, where there been damage caused to the environment and the death or injury has been resulted due to the accident. The person can make application with respect to claim for compensation to the Tribunal under provision as specified under Section 4(1), Tribunal while dealing with the application of compensation as specified in the provisions of Act shall exercise the same jurisdiction and authority as that of matters as specified in Public Liability Insurance Act, 1991. Owner who responsible for the environmental accident is liable to pay compensation not only under National Environment Tribunal Act, 1995, but also liable to pay relief specified under the provisions of Public Liability Insurance Act, 1991and the relief paid be substantiated by the compensation paid.
According to Section 8, the Central Government established the National Environment Tribunal to carry out the authority and powers granted by the Act’s provisions. The Chairman, Vice-Chairperson, other members, and the Benches under the Act have the authority to exercise the authority, jurisdiction, and powers of the Tribunal in order for it to carry out the duties outlined in the Act. Those appointed as members of the Tribunal should be more qualified for the designated role because qualifications are important in any office and the topic at hand is a sensitive one relating to the environment.
Persons are only appointed as members if they meet the requirements outlined in Section 10 of the Act. Persons appointed as chairs are not required to be judges of the Supreme Court or of the High Court, and those appointed as vice chairs and judicial members must be judges of the High Court or members of the Indian Legal Service as specified by the Act. According to Section 12, members of the Tribunal maintain office for a period of five years. They are also permitted to resign from their positions by writing to the president, who has the power to do so if he believes the member to be unsuited for the position or has demonstrated misconduct.
According to Section 13 (3), the President may issue an order to remove any member from office, but the order must be approved following a thorough inquiry and investigation by a Supreme Court Judge. The Central Government may also establish rules and regulations for the Section 13 inquiry and investigation process (2).
After the Act’s implementation, the Tribunal has a particular competence to handle cases connected to applications and compensation claims. According to Section 23, the Tribunal has the same authority as the Civil Court in cases involving the provisions of the Act, and any awards made by the Tribunal are executable just like a judgement rendered by the Civil Court. If the owner does not comply with the Tribunal’s order, the Tribunal may seek payment from the owner as unpaid land revenue. Tribunal Constituted under Act has the jurisdiction to punish the person who contravene the provisions stipulated under Act and those who responsible for environmental dangerous. Anyone who disobeys the tribunal’s order will be punished for an additional three years or fine up to ten lakh rupees or both based on the guilt.
The Indian Penal Code operates broadly under the Act because all Tribunal members are considered to be Public Servants under Section 21 of the Code and because all actions taken to implement the provisions of the enacted Act fall under the definition of judicial proceedings as set forth in Sections 193, 219, and 228 of the Code. Rules pertaining to the Act’s provisions may be made by the Central Government by publication in the Official Gazette, as indicated in Section 31. (2). In accordance with Section 22, the Central Government is empowered to determine whether the compensation sum credited to the Environment Relief Fund will be completely utilized (2).
Act was a specific piece of legislation that dealt with environmental issues and compensation. Although the Act has the power to punish anybody who violates the rules set forth in the Act relating to the protection of the environment, it has fallen short of meeting the obligations and goals set forth. India needs a strong legal system to address environmental challenges because of its dense population.
