Lok Sabha Question No. 1712 (UNSTARRED), answered on 2016-03-08
Subject: Zonal Branch of NGT
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: JAYSHREEBEN  PATEL

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO . 1712

TO BE ANSWERED ON 08.03.2016

## Zonal Branch of NGT

## 1712.  SHRIMATI JAYSHREEBEN PATEL :

Will  the  Minister  of  ENVIRONMENT,  FOREST  AND  CLIMATE  CHANGE  be  pleased  to state:

- (a) whether the National Green Tribunal has been set up with the objectives of environmental protection, adequate compensation  for natural resources and to provide l egal solutions for environmental related queries and if so, the details thereof;
- (b) whether  the  Government  has  received  any  proposal  for  setting  up  a  separate  Zonal Branch of National Green Tribunal in Gujarat and if so, the reaction of the Government thereto; and
- (c ) whether the Government is considering to introduce Environmental COT (Commercial off - the shelf products)  and if so, the details thereof?

## ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE (SHRI PRAKASH JAVADEKAR)

(a)The National Green Tribunal Act, 2010 provides for the establishment of a National Green Tribunal for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and  for  matters  connected  therewith  or  incidental  thereto.  The  NGT  has  been  vested  with original, appellate and special jurisdiction by virtue of Sections 14,15 and 16 of the NGT  Act.

Section 14 of NGT Act, 2010 provides that the Tribunal shall have jurisdiction  over all civil cases where a substantial question  relating to environment is involved and such question arises out of the implementation of the enactments specified in Schedule - I, which are:

1. The Water (Prevention and Control of Pollution) Act,1974;
2. The Water (Prevention and Control of Pollution) Cess Act,1977;
3. The Forest (Conservation) Act,1980;
4. The Air (Prevention and Control of Pollution) Act,1981;
5. The Environment(Protection) Act,1986;
6. The Public Liability Insurance Act,1991;
7. The Biological Diversity Act, 2002.

Under  Section 15 of the NGT  Act,  2010  the  Tribunal  is empowered  to  grant  relief, compensation,  restitution  for  environmental  damages  covered  under  above  Acts.    Further, Section 16 of the NGT Act, 2010 provides that any person aggrieved by any orders or decisions or  directions  or  determination  passed  under  any  of  the  above  mentioned  Acts,  on  or  after commencement of NGT Act, 2010 can invoke the appellate jurisdiction of the Tribunal by way of filling an appeal.

- (b) Proposal of setting up of any Zonal Branch is considered in consultation with NGT and State Government.  No such proposal is under consideration for setting up a separate Zonal Branch of NGT in Gujarat at present.
- (c) There is no such proposal in the Ministry of Environment, Forest and Climate Change.

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