SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.

Page 1 Monday, July 08, 2024

Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

The
National Green Tribunal Act, 20101
(National Green Tribunal Act, 2010)

[Act 19 of 2010 and updated as of 31st May 2024]

[2nd June, 2010]

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title and commencement

2. Definitions

CHAPTER II

ESTABLISHMENT OF THE TRIBUNAL

3. Establishment of Tribunal

4. Composition of Tribunal

5. Qualifications for appointment of Chairperson, Judicial Member

and Expert Member

6. Appointment of Chairperson, Judicial Member and Expert

Member

7. Term of office and other conditions of service of Chairperson,

Judicial Member and Expert Member

8. Resignation

9. Salaries, allowances and other terms and conditions of service

10. Removal and suspension of Chairperson, Judicial Member and

Expert Member

10-A. Qualifications, terms and conditions of service of

Chairperson, Judicial Member and Expert Member

11. To act as Chairperson of Tribunal or to discharge his functions

in certain circumstances
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 2 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

12. Staff of Tribunal

13. Financial and administrative powers of Chairperson

CHAPTER III

JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL

14. Tribunal to settle disputes

15. Relief, compensation and restitution

16. Tribunal to have appellate jurisdiction

17. Liability to pay relief or compensation in certain cases

18. Application or appeal to Tribunal

19. Procedure and powers of Tribunal

20. Tribunal to apply certain principles

21. Decision to be taken by majority

22. Appeal to Supreme Court

23. Cost

24. Deposit of amount payable for damage to environment

25. Execution of award or order or decision of Tribunal

CHAPTER IV

PENALTY

26. Penalty for failure to comply with orders of Tribunal

27. Offences by companies

28. Offences by Government Department

CHAPTER V

MISCELLANEOUS

29. Bar of jurisdiction

30. Cognizance of offences

31. Members and staff of Tribunal to be public servants

SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 3 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

32. Protection of action taken in good faith

33. Act to have overriding effect

34. Power to amend Schedule I

35. Power to make rules

36. Amendment of certain enactments

37. Power to remove difficulties

38. Repeal and savings

SCHEDULE I

SCHEDULE II

SCHEDULE III

———

National Green Tribunal Act, 2010

[Act 19 of 2010] [2nd June,
2010]
An Act to provide 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
And whereas India is a party to the decisions taken at the United
Nations Conference on the Human Environment held at Stockholm in
June, 1972, in which India participated, calling upon the States to take
appropriate steps for the protection and improvement of the human
environment;
And whereas decisions were taken at the United Nations Conference
on Environment and Development held at Rio de Janeiro in June, 1992,
in which India participated, calling upon the States to provide effective
access to judicial and administrative proceedings, including redress and
remedy and to develop national laws regarding liability and
compensation for the victims of pollution and other environmental
damage;
And whereas in the judicial pronouncement in India, the right to
healthy environment has been construed as a part of the right to life
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 4 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

under Article 21 of the Constitution;

And whereas it is considered expedient to implement the decisions
taken at the aforesaid conferences and to have a National Green
Tribunal in view of the involvement of multi-disciplinary issues relating
to the environment.
Be it enacted by Parliament in the Sixty-first Year of the Republic of
India as follows—
Statement of Objects and Reasons.—The rapid expansion in
industrial, infrastructure and transportation sectors and increasing
urbanisation in recent years have given rise to new pressures on our
natural resources and environment. There is a commensurate increase
in environment related litigation pending in various courts and other
authorities. The risk to human health and environment arising out of
hazardous activities has also become a matter of concern.
2. India is a party to the decisions taken at the United Nations
Conference on the Human Environment held at Stockholm in June,
1972, in which India participated, calling upon the States to take
appropriate steps for the protection and improvement of the human
environment. The United Nations Conference on Environment and
Development held at Rio de Janeiro in June, 1992, in which India
participated, has also called upon the States to provide effective access
to judicial and administrative proceedings, including redress and
remedy, and to develop National laws regarding liability and
compensation for the victims of pollution and other environmental
damage.
3. The right to healthy environment has been construed as a part of
the right to life under Article 21 of the Constitution in the judicial
pronouncement in India.
4. The National Environment Tribunal Act, 1995 was enacted to
provide for strict liability for damages arising out of any accident
occurring while handling any hazardous substance and for the
establishment of a National Environment Tribunal for effective and
expeditious disposal of cases arising from such accident, with a view to
giving relief and compensation for damages to persons, property and
the environment. However, the National Environment Tribunal, which
had a very limited mandate, was not established. The National
Environment Appellate Authority Act, 1997 was enacted to establish
the National Environment Appellate Authority to hear appeals with
respect to restriction of areas in which any industries, operations or
processes or class of industries, operations or processes shall not be
carried out or shall be carried out subject to certain safeguards under
the Environment (Protection) Act, 1986. The National Environment
Appellate Authority has a limited workload because of the narrow scope
of its jurisdiction.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 5 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

5. Taking into account the large number of environmental cases

pending in higher courts and the involvement of multidisciplinary
issues in such cases, the Supreme Court requested the Law
Commission of India to consider the need for constitution of specialised
environmental courts. Pursuant to the same, the Law Commission has
recommended the setting up of environmental courts having both
original and appellate jurisdiction relating to environmental laws.
6. In view of the foregoing paragraphs, a need has been felt to
establish a specialised tribunal to handle the multidisciplinary issues
involved in environmental cases. Accordingly, it has been decided to
enact a law to provide for the establishment of the National Green
Tribunal for effective and expeditious disposal of civil cases relating to
environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to
environment.
7. Accordingly, it has been decided to introduce the National Green
Tribunal Bill, 2009 which inter alia provides—
(a) for establishment of a National Green Tribunal which shall consist
of a Chairperson and such number of Judicial and Expert Members
as the Central Government may notify;
(b) that a person who is or has been a Judge of the Supreme Court
or a Chief Justice of a High Court shall be eligible for appointment
as the Chairperson or Judicial Member of the Tribunal;
(c) that a person who is or has been a Judge of a High Court shall
also be eligible for appointment as a Judicial Member;
(d) that a person who is either an expert in physical sciences or life
sciences or engineering, or who has administrative experience in
dealing with environmental matters shall be qualified for
appointment as an Expert Member;
(e) that the Tribunal shall have the jurisdiction over all civil cases
where a substantial question relating to environment (including
enforcement of any legal right relating to environment), is
involved and such question arises out of the implementation of
the enactments specified in the Schedule I to the Bill and to grant
relief and compensation to the victims of pollution and other
environmental damage arising under the enactments specified in
the Schedule I to the Bill and to hear appeals under certain
enactments specified in the Schedule III to the Bill;
(f) for repeal of the ‘National Environmental Tribunal Act, 1995’ and
the ‘National Environment Appellate Authority Act, 1997’.
8. The Bill seeks to achieve the aforesaid objectives.
Chapter I
PRELIMINARY
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 6 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Short title and commencement.—(1) This Act may be called the

National Green Tribunal Act, 2010.
(2) It shall come into force on such date2 as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definitions.—(1) In this Act, unless the context otherwise
requires,—
(a) “accident” means an accident involving a fortuitous or sudden
or unintended occurrence while handling any hazardous
substance or equipment, or plant, or vehicle resulting in
continuous or intermittent or repeated exposure to death, of,
or, injury to, any person or damage to any property or
environment but does not include an accident by reason only of
war or civil disturbance;
(b) “Chairperson” means the Chairperson of the National Green
Tribunal;
(c) “environment” includes water, air and land and the inter-
relationship, which exists among and between water, air and
land and human beings, other living creatures, plants, micro-
organism and property;
(d) “Expert Member” means a member of the Tribunal who, is
appointed as such, and holds qualifications specified in sub-
section (2) of Section 5, and, is not a Judicial Member;
(e) “handling”, in relation to any hazardous substance, means the
manufacture, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, offering
for sale, transfer or the like of such hazardous substance;
(f) “hazardous substance” means any substance or preparation
which is defined as hazardous substance in the Environment
(Protection) Act, 1986 (29 of 1986), and exceeding such
quantity as specified or may be specified by the Central
Government under the Public Liability Insurance Act, 1991 (6
of 1991);
(g) “injury” includes permanent, partial or total disablement or
sickness resulting out of an accident;
(h) “Judicial Member” means a member of the Tribunal who is
qualified to be appointed as such under sub-section (1) of
Section 5 and includes the Chairperson;
(i) “notification” means a notification published in the Official
Gazette;
(j) “person” includes—
(i) an individual,
(ii) a Hindu Undivided Family,
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 7 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(iii) a company,
(iv) a firm,
(v) an association of persons or a body of individuals, whether
incorporated or not,
(vi) trustee of a trust,
(vii) a local authority, and
(viii) every artificial juridical person, not falling within any of
the preceding sub-clauses;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “Schedule” means Schedule I, II and III appended to this Act;
(m) “substantial question relating to environment” shall include
an instance where,—
(i) there is a direct violation of a specific statutory
environmental obligation by a person by which,—
(A) the community at large other than an individual or group
of individuals is affected or likely to be affected by the
environmental consequences; or
(B) the gravity of damage to the environment or property is
substantial; or
(C) the damage to public health is broadly measurable;
(ii) the environmental consequences relate to a specific activity
or a point source of pollution;
(n) “Tribunal” means the National Green Tribunal established
under Section 3;
(o) “workman” has the meaning assigned to it in the Workmen's
Compensation Act, 1923 (8 of 1923).
(2) The words and expressions used in this Act but not defined
herein and defined in the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974), the Water (Prevention and Control of Pollution)
Cess Act, 1977 (36 of 1977), the Forest (Conservation) Act, 1980 (69
of 1980), the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981), the Environment (Protection) Act, 1986 (29 of 1986), the Public
Liability Insurance Act, 1991 (6 of 1991) and the Biological Diversity
Act, 2002 (18 of 2003) and other Acts relating to environment shall
have the meaning, respectively, assigned to them in those Acts.
Chapter II
ESTABLISHMENT OF THE TRIBUNAL
3. Establishment of Tribunal.—The Central Government shall, by
notification*, establish, with effect from such date as may be specified
therein, a Tribunal to be known as the National Green Tribunal to
exercise the jurisdiction, powers and authority conferred on such
Tribunal by or under this Act.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 8 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

► Constitutional validity.—Section 3 of the NGT Act is ultra vires to the

Constitution and is not a case of excessive delegation of power to the Central
Government, M.P. High Court Advocates Bar Assn. v. Union of India, 2022 SCC
OnLine SC 639.
► Ban on plastic bags.—Directions issued regarding implementation of
prohibition of use, sale and disposal of plastic bags in all Municipalities and
Municipal Corporations, in the country, in a time-bound manner, Karuna Society
for Animals & Nature v. Union of India, (2016) 14 SCC 303.
4. Composition of Tribunal.—(1) The Tribunal shall consist of—
(a) a full time Chairperson;
(b) not less than ten but subject to maximum of twenty full time
Judicial Members as the Central Government may, from time to
time, notify;
(c) not less than ten but subject to maximum of twenty full time
Expert Members, as the Central Government may, from time to
time, notify.
(2) The Chairperson of the Tribunal may, if considered necessary,
invite any one or more person having specialised knowledge and
experience in a particular case before the Tribunal to assist the Tribunal
in that case.
(3) The Central Government may, by notification, specify the
ordinary place or places of sitting of the Tribunal, and the territorial
jurisdiction falling under each such place of sitting.
(4) The Central Government may, in consultation with the
Chairperson of the Tribunal, make rules regulating generally the
practices and procedure of the Tribunal including—
(a) the rules as to the persons who shall be entitled to appear
before the Tribunal;
(b) the rules as to the procedure for hearing applications and
appeals and other matters [including the circuit procedure for
hearing at a place other than the ordinary place of its sitting
falling within the jurisdiction referred to in sub-section (3)],
pertaining to the applications and appeals;
(c) the minimum number of Members who shall hear the
applications and appeals in respect of any class or classes of
applications and appeals:
Provided that the number of Expert Members shall, in hearing
an application or appeal, be equal to the number of Judicial
Members hearing such application or appeal;
(d) rules relating to transfer of cases by the Chairperson from one
place of sitting (including the ordinary place of sitting) to other
place of sitting.
5. Qualifications for appointment of Chairperson, Judicial Member
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 9 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

and Expert Member.—(1) A person shall not be qualified for

appointment as the Chairperson or Judicial Member of the Tribunal
unless he is, or has been, a Judge of the Supreme Court of India or
Chief Justice of a High Court:
Provided that a person who is or has been a Judge of the High Court
shall also be qualified to be appointed as a Judicial Member.
(2) A person shall not be qualified for appointment as an Expert
Member, unless he,—
(a) has a degree in Master of Science (in physical sciences or life
sciences) with a Doctorate degree or Master of Engineering or
Master of Technology and has an experience of fifteen years in
the relevant field including five years practical experience in
the field of environment and forests (including pollution
control, hazardous substance management, environment
impact assessment, climate change management, biological
diversity management and forest conservation) in a reputed
National level institution; or
(b) has administrative experience of fifteen years including
experience of five years in dealing with environmental matters
in the Central or a State Government or in a reputed National
or State level institution.
(3) The Chairperson, Judicial Member and Expert Member of the
Tribunal shall not hold any other office during their tenure as such.
(4) The Chairperson and other Judicial and Expert Members shall
not, for a period of two years from the date on which they cease to hold
office, accept any employment in, or connected with the management
or administration of, any person who has been a party to a proceeding
before the Tribunal under this Act:
Provided that nothing contained in this section shall apply to any
employment under the Central Government or a State Government or
local authority or in any statutory authority or any corporation
established by or under any Central, State or Provincial Act or a
Government company as defined in Section 617 of the Companies Act,
1956 (1 of 1956).
6. Appointment of Chairperson, Judicial Member and Expert Member.
—(1) Subject to the provisions of Section 5, the Chairperson, Judicial
Members and Expert Members of the Tribunal shall be appointed by the
Central Government.
(2) The Chairperson shall be appointed by the Central Government in
consultation with the Chief Justice of India.
(3) The Judicial Members and Expert Members of the Tribunal shall
be appointed on the recommendations of such Selection Committee
and in such manner as may be prescribed.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 10 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

7. Term of office and other conditions of service of Chairperson,

Judicial Member and Expert Member.—The Chairperson, Judicial
Member and Expert Member of the Tribunal shall hold office as such for
a term of five years from the date on which they enter upon their office,
but shall not be eligible for re-appointment:
Provided that in case a person, who is or has been a Judge of the
Supreme Court, has been appointed as Chairperson or Judicial Member
of the Tribunal, he shall not hold office after he has attained the age of
seventy years:
Provided further that in case a person, who is or has been the Chief
Justice of a High Court, has been appointed as Chairperson or Judicial
Member of the Tribunal, he shall not hold office after he has attained
the age of sixty seven years:
Provided also that in case a person, who is or has been a Judge of a
High Court, has been appointed as Judicial Member of the Tribunal, he
shall not hold office after he has attained the age of sixty seven years:
Provided also that no Expert Member shall hold office after he has
attained the age of sixty five years.
8. Resignation.—The Chairperson, Judicial Member and Expert
Member of the Tribunal may, by notice in writing under their hand
addressed to the Central Government, resign their office.
9. Salaries, allowances and other terms and conditions of service.—
The salaries and allowances payable to, and the other terms and
conditions of service (including pension, gratuity and other retirement
benefits) of, the Chairperson, Judicial Member and Expert Member of
the Tribunal shall be such as may be prescribed:
Provided that neither the salary and allowances nor the other terms
and conditions of service of the Chairperson, Judicial Member and
Expert Member shall be varied to their disadvantage after their
appointment.
10. Removal and suspension of Chairperson, Judicial Member and
Expert Member.—(1) The Central Government may, in consultation with
the Chief Justice of India, remove from office of the Chairperson or
Judicial Member of the Tribunal, who,—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
Central Government, involves moral turpitude; or
(c) has become physically or mentally incapable; or
(d) has acquired such financial or other interest as is likely to
affect prejudicially his functions; or
(e) has so abused his position as to render his continuance in
office prejudicial to the public interest.
(2) The Chairperson or Judicial Member shall not be removed from
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 11 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

his office except by an order made by the Central Government after an

inquiry made by a Judge of the Supreme Court in which such
Chairperson or Judicial Member has been informed of the charges
against him and given a reasonable opportunity of being heard in
respect of those charges.
(3) The Central Government may suspend from office the
Chairperson or Judicial Member in respect of whom a reference of
conducting an inquiry has been made to the Judge of the Supreme
Court under sub-section (2), until the Central Government passes an
order on receipt of the report of inquiry made by the Judge of the
Supreme Court on such reference.
(4) The Central Government may, by rules, regulate the procedure
for inquiry referred to in sub-section (2).
(5) The Expert Member may be removed from his office by an order
of the Central Government on the grounds specified in sub-section (1)
and in accordance with the procedure as may be notified by the Central
Government:
Provided that the Expert Member shall not be removed unless he has
been given an opportunity of being heard in the matter.
3
[10-A. Qualifications, terms and conditions of service of
Chairperson, Judicial Member and Expert Member.—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of
office, salaries and allowances, resignation, removal and other terms
and conditions of service of the Chairperson, Judicial Member and
4
Expert Member of the Tribunal appointed after the commencement of
[the Tribunal Reforms Act, 2021, shall be governed by the provisions of
Chapter II of the said Act]:
Provided that the Chairperson, Judicial Member and Expert Member
appointed before the commencement of Part XIV of Chapter VI of the
Finance Act, 2017, shall continue to be governed by the provisions of
this Act, and the rules made thereunder as if the provisions of Section
184 of the Finance Act, 2017 had not come into force.]
11. To act as Chairperson of Tribunal or to discharge his functions in
certain circumstances.—In the event of the occurrence of any vacancy
in the office of the Chairperson of the Tribunal, by reason of his death,
resignation or otherwise, such Judicial Member of the Tribunal as the
Central Government may, by notification, authorise in this behalf, shall
act as the Chairperson until the date on which a new Chairperson is
appointed in accordance with the provisions of this Act.
► Interim appointment of Chairperson.—Central Government to notify
judicial person to act as Chairperson until regular appointment made, in terms of
Section 11, NGT Bar Assn. v. Union of India, (2018) 17 SCC 53.
12. Staff of Tribunal.—(1) The Central Government shall determine
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 12 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

the nature and categories of the officers and other employees required
to assist the Tribunal in the discharge of its functions.
(2) The recruitment of the officers and other employees of the
Tribunal shall be made by the Chairperson in such manner as may be
prescribed.
(3) The officers and other employees of the Tribunal shall discharge
their functions under the general superintendence of the Chairperson.
(4) The salaries and allowances and conditions of service of the
officers and other employees of the Tribunal shall be such as may be
prescribed.
13. Financial and administrative powers of Chairperson.—The
Chairperson of the Tribunal shall exercise such financial and
administrative powers as may be vested in him under the rules made
by the Central Government:
Provided that the Chairperson may delegate such of his financial and
administrative powers, as he may think fit, to any Judicial Member or
Expert Member or officer of the Tribunal subject to the condition that
the Member or such officer, while exercising such delegated power,
continues to act under the direction, control and supervision of the
Chairperson.
Chapter III
JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL
14. Tribunal to settle disputes.—(1) The Tribunal shall have the
jurisdiction over all civil cases where a substantial question relating to
environment (including enforcement of any legal right relating to
environment), is involved and such question arises out of the
implementation of the enactments specified in Schedule I.
(2) The Tribunal shall hear the disputes arising from the questions
referred to in sub-section (1) and settle such disputes and pass order
thereon.
(3) No application for adjudication of dispute under this section shall
be entertained by the Tribunal unless it is made within a period of six
months from the date on which the cause of action for such dispute
first arose:
Provided that the Tribunal may, if it is satisfied that the applicant
was prevented by sufficient cause from filing the application within the
said period, allow it to be filed within a further period not exceeding
sixty days.
► Jurisdiction of Civil Court.—A civil case/suit involving substantial question
relating to environment (including enforcement of any legal right relating to
environment) and which arises out of the implementation of the Forest
(Conservation) Act, 1980, is not maintainable before the civil court, Gadbad v.
Ramrao, 2013 SCC OnLine Bom 82.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 13 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

► Powers and Jurisdiction of NGT.—It is beyond jurisdiction of NGT and

even Supreme Court to lay down specific rules and guidelines for recruitment of
Chairperson and Members of SPCBs. State Government directed to frame
appropriate rules for appointment of such persons who would add luster and value
to SPCB, Techi Tagi Tara v. Rajendra Singh Bhandari, (2018) 11 SCC 734.
Appointment/Nomination of Chairperson/Members of SPCBs cannot be
classified as substantial question relating to environment nor can their appointment
be termed “disputes” as such for purposes of the Act, Techi Tagi Tara v.
Rajendra Singh Bhandari, (2018) 11 SCC 734.
National Green Tribunal does not have jurisdiction to decide upon vires of any
of enactment which confer appellate or other jurisdiction upon it. It also does not
empower it to examine validity of any Rules or Regulations made under these
enactments, Central India Ayush Drugs Manufacturers Association v. State of
Maharashtra, 2016 SCC OnLine Bom 8813.
Proceedings before NGT for payment of (a) compensation to victims of
pollution/other environmental damage/violation of environmental laws caused
by/attributable to private person(s) and/or public authorities, (b) charges for
restitution of environment, and (c) for issuance of directions for preventive and
restorative measures in the interest of environment and ecology, held,
maintainable. NGT, held, has wide jurisdiction in matters of environment and
ecology, NHAI v. Aam Aadmi Lokmanch, (2021) 11 SCC 566.
Legality of direction passed by NGT for installation of vapour recovery systems
(VRS) in new as well as existing petroleum retail outlets, affirmed, Indian Oil
Corpn. Ltd. v. V.B.R. Menon, (2023) 7 SCC 368.
► Jurisdiction of High Courts.—Sections 14 and 22 do not oust the High
Court's jurisdiction under Articles 226 and 227, M.P. High Court Advocates Bar
Assn. v. Union of India, 2022 SCC OnLine SC 639.
► Effluents, Sewage, River and Lake Pollution.—Validity of imposition of
“sewerage charges” by National Green Tribunal (NGT), on encroachment and
dumping of building debris in riverbed/flood plain and natural water body of River
Yamuna in Delhi, affirmed. Directions passed for implementation within two
months by NCT of Delhi, Tata Power Delhi Distribution Ltd. v. Manoj Misra,
(2019) 10 SCC 104.
► Locus standi/Standing to approach NGT.—There is nothing in the NGT
Act which excludes parties who would be directly affected by a project that has
environmental repercussions, from accessing NGT. Sridevi Datla v. Union of
India, (2021) 5 SCC 321.
► Penalty for delay.—Punitive measures for delay in compliance with order
of deposit made by NGT are not permissible, when extension has been granted by
Supreme Court, Volkswagen India (P) Ltd. v. Satvinderjeet Singh Sodhi, (2021) 5
SCC 806.
► Laying of pipeline for transfer of edible oil.—Law clarified regarding
validity of ex post facto clearance for laying of pipeline for transfer of edible oil
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 14 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

from sea-port to storage terminal tank and for establishment of storage transit
terminal, K.T.V. Health Food (P) Ltd. v. Union of India, (2023) 5 SCC 440.
15. Relief, compensation and restitution.—(1) The Tribunal may, by
an order, provide,—
(a) relief and compensation to the victims of pollution and other
environmental damage arising under the enactments specified
in the Schedule I (including accident occurring while handling
any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas,
as the Tribunal may think fit.
(2) The relief and compensation and restitution of property and
environment referred to in clauses (a), (b) and (c) of sub-section (1)
shall be in addition to the relief paid or payable under the Public
Liability Insurance Act, 1991 (6 of 1991).
(3) No application for grant of any compensation or relief or
restitution of property or environment under this section shall be
entertained by the Tribunal unless it is made within a period of five
years from the date on which the cause for such compensation or relief
first arose:
Provided that the Tribunal may, if it is satisfied that the applicant
was prevented by sufficient cause from filing the application within the
said period, allow it to be filed within a further period not exceeding
sixty days.
(4) The Tribunal may, having regard to the damage to public health,
property and environment, divide the compensation or relief payable
under separate heads specified in Schedule II so as to provide
compensation or relief to the claimants and for restitution of the
damaged property or environment, as it may think fit.
(5) Every claimant of the compensation or relief under this Act shall
intimate to the Tribunal about the application filed to, or, as the case
may be, compensation or relief received from, any other court or
authority.
16. Tribunal to have appellate jurisdiction.—Any person aggrieved
by,—
(a) an order or decision, made, on or after the commencement of
the National Green Tribunal Act, 2010, by the appellate
authority under Section 28 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974);
(b) an order passed, on or after the commencement of the
National Green Tribunal Act, 2010, by the State Government
under Section 29 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974);
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 15 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(c) directions issued, on or after the commencement of the

National Green Tribunal Act, 2010, by a Board, under Section
33-A of the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974);
(d) an order or decision made, on or after the commencement of
the National Green Tribunal Act, 2010, by the appellate
authority under Section 13 of the Water (Prevention and
Control of Pollution) Cess Act, 1977 (36 of 1977);
(e) an order or decision made, on or after the commencement of
the National Green Tribunal Act, 2010, by the State
Government or other authority under Section 2 of the Forest
(Conservation) Act, 1980 (69 of 1980);
(f) an order or decision, made, on or after the commencement of
the National Green Tribunal Act, 2010, by the Appellate
Authority under Section 31 of the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981);
(g) any direction issued, on or after the commencement of the
National Green Tribunal Act, 2010, under Section 5 of the
Environment (Protection) Act, 1986 (29 of 1986);
(h) an order made, on or after the commencement of the National
Green Tribunal Act, 2010, granting environmental clearance in
the area in which any industries, operations or processes or
class of industries, operations and processes shall not be
carried out or shall be carried out subject to certain safeguards
under the Environment (Protection) Act, 1986 (29 of 1986);
(i) an order made, on or after the commencement of the National
Green Tribunal Act, 2010, refusing to grant environmental
clearance for carrying out any activity or operation or process
under the Environment (Protection) Act, 1986 (29 of 1986);
(j) any determination of benefit sharing or order made, on or after
the commencement of the National Green Tribunal Act, 2010,
by the National Biodiversity Authority or a State Biodiversity
Board under the provisions of the Biological Diversity Act, 2002
(18 of 2003),
may, within a period of thirty days from the date on which the order or
decision or direction or determination is communicated to him, prefer
an appeal to the Tribunal:
Provided that the Tribunal may, if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal within the said
period, allow it to be filed under this section within a further period not
exceeding sixty days.
► Duties of NGT and proper exercise of power.—NGT is under an
obligation to consider issues as an expert body, and apply principle of sustainable
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 16 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

development, in adjudicating environmental issues, especially while considering

validity of grant of clearance to large projects under Environment (Protection) Act,
1986, Sridevi Datla v. Union of India, (2021) 5 SCC 321.
►Appeal.—An appeal to NGT in matters like environmental clearance for
construction of Greenfield international airport is no ordinary matter. It has
potential of irrevocably changing environment with possibility of likely injury.
Application of judicial mind by an independent tribunal in such cases, at first
appellate stage, is almost a necessity, Sridevi Datla v. Union of India, (2021) 5
SCC 321.
17. Liability to pay relief or compensation in certain cases.—(1)
Where death of, or injury to, any person (other than a workman) or
damage to any property or environment has resulted from an accident
or the adverse impact of an activity or operation or process, under any
enactment specified in Schedule I, the person responsible shall be
liable to pay such relief or compensation for such death, injury or
damage, under all or any of the heads specified in Schedule II, as may
be determined by the Tribunal.
(2) If the death, injury or damage caused by an accident or the
adverse impact of an activity or operation or process under any
enactment specified in Schedule I cannot be attributed to any single
activity or operation or process but is the combined or resultant effect
of several such activities, operations and processes, the Tribunal may,
apportion the liability for relief or compensation amongst those
responsible for such activities, operations and processes on an
equitable basis.
(3) The Tribunal shall, in case of an accident, apply the principle of
no fault.
18. Application or appeal to Tribunal.—(1) Each application under
Sections 14 and 15 or an appeal under Section 16 shall, be made to the
Tribunal in such form, contain such particulars, and, be accompanied by
such documents and such fees as may be prescribed.
(2) Without prejudice to the provisions contained in Section 16, an
application for grant of relief or compensation or settlement of dispute
may be made to the Tribunal by—
(a) the person, who has sustained the injury; or
(b) the owner of the property to which the damage has been
caused; or
(c) where death has resulted from the environmental damage, by
all or any of the legal representatives of the deceased; or
(d) any agent duly authorised by such person or owner of such
property or all or any of the legal representatives of the
deceased, as the case may be; or
(e) any person aggrieved, including any representative body or
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 17 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

organisation; or
(f) the Central Government or a State Government or a Union
Territory Administration or the Central Pollution Control Board
or a State Pollution Control Board or a Pollution Control
Committee or a local authority, or any environmental authority
constituted or established under the Environment (Protection)
Act, 1986 (29 of 1986) or any other law for the time being in
force:
Provided that where all the legal representatives of the deceased
have not joined in any such application for compensation or relief or
settlement of dispute, the application shall be made on behalf of, or, for
the benefit of all the legal representatives of the deceased and the legal
representatives who have not so joined shall be impleaded as
respondents to the application:
Provided further that the person, the owner, the legal representative,
agent, representative body or organisation shall not be entitled to make
an application for grant of relief or compensation or settlement of
dispute if such person, the owner, the legal representative, agent,
representative body or organisation have preferred an appeal under
Section 16.
(3) The application, or as the case may be, the appeal filed before
the Tribunal under this Act shall be dealt with by it as expeditiously as
possible and endeavour shall be made by it to dispose of the
application, or, as the case may be, the appeal, finally within six
months from the date of filing of the application, or as the case may be,
the appeal, after providing the parties concerned an opportunity to be
heard.
19. Procedure and powers of Tribunal.—(1) The Tribunal shall not be
bound by the procedure laid down by the Code of Civil Procedure, 1908
(5 of 1908) but shall be guided by the principles of natural justice.
(2) Subject to the provisions of this Act, the Tribunal shall have
power to regulate its own procedure.
(3) The Tribunal shall also not be bound by the rules of evidence
contained in the Indian Evidence Act, 1872 (1 of 1872).
(4) The Tribunal shall have, for the purposes of discharging its
functions under this Act, the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit,
in respect of the following matters, namely—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of Sections 123 and 124 of the
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 18 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

Indian Evidence Act, 1872 (1 of 1872), requisitioning any

public record or document or copy of such record or document
from any office;
(e) issuing commissions for the examination of witnesses or
documents;
(f) reviewing its decision;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for
default or any order passed by it ex parte;
(i) pass an interim order (including granting an injunction or stay)
after providing the parties concerned an opportunity to be
heard, on any application made or appeal filed under this Act;
(j) pass an order requiring any person to cease and desist from
committing or causing any violation of any enactment specified
in Schedule I;
(k) any other matter which may be prescribed.
(5) All proceedings before the Tribunal shall be deemed to be the
judicial proceedings within the meaning of Sections 193, 219 and 228
for the purposes of Section 196 of the Indian Penal Code (45 of 1860)
and the Tribunal shall be deemed to be a civil court for the purposes of
Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
(2 of 1974).
► Remedy of appeal.—Remedy of appeal granted under Section 22 is similar
to second appeal under Section 100 of CPC, consequently, any appeal made
under Section 22 ought to raise a substantial question of law. Said qualification
not applicable to appeal made under Section 19 of the Contempt of Courts Act.
Appeal under Section 22 of the NGT Act, held to be a remedy, and appeal made
under Section 19 of the Contempt of Courts Act is a right, Kollidam Aaru
Pathukappu Nala Sangam v. Union of India, 2014 SCC OnLine Mad 4928.
The remedy of direct appeal to the Supreme Court from the decisions of the
NGT under Section 22 of the NGT Act is not intra vires to the Constitution, M.P.
High Court Advocates Bar Assn. v. Union of India, 2022 SCC OnLine SC 639.
► Adjudication of disputes.—Adjudicatory functions assigned to courts and
tribunals cannot be hived off to administrative committees. NGT is a judicial body
and therefore exercises adjudicatory function. Very nature of an adjudicatory
function would carry with it requirement that principles of natural justice are
complied with, particularly when there is an adversarial system of hearing of
cases before the tribunal concerned, such as NGT, or for that matter before
courts in India, Singrauli Super Thermal Power Station v. Ashwani Kumar
Dubey, (2023) 8 SCC 35.
► Review petition.—The powers of review which NGT exercises are akin to
those of a civil court. In terms of Order 47 Rule 5 CPC, a review petition should
normally be heard by the same Bench which passed the original order. Further,
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 19 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

this normal rule should not be disturbed unless it is virtually impossible for the
original Bench to hear the matter or the members of the Bench themselves opt not
to hear the matter, Goel Ganga Developers India (P) Ltd. v. Union of India,
(2018) 18 SCC 257.
► Power of review.—Exercise of power of review is not permissible when
appeal is already pending, Goel Ganga Developers India (P) Ltd. v. Union of
India, (2018) 18 SCC 257.
► Orders passed without hearing party concerned.—Right of such party
to subsequently challenge adverse order, remains intact, Ultimate v. Carbon v.
T.N. Pollution Control Board, (2021) 10 SCC 655.
20. Tribunal to apply certain principles.—The Tribunal shall, while
passing any order or decision or award, apply the principles of
sustainable development, the precautionary principle and the polluter
pays principle.
► Precautionary principle.—Direction of NGT to modify Zonal Master Plan
(ZMP) to bring it into conformity with ESZ Notification and precautionary principle,
valid, Pragnesh Shah v. Arun Kumar Sharma, (2022) 11 SCC 493.
21. Decision to be taken by majority.—The decision of the Tribunal
by majority of Members shall be binding:
Provided that if there is a difference of opinion among the Members
hearing an application or appeal, and the opinion is equally divided, the
Chairperson shall hear (if he has not heard earlier such application or
appeal) such application or appeal and decide:
Provided further that where the Chairperson himself has heard such
application or appeal along with other Members of the Tribunal, and if
there is a difference of opinion among the Members in such cases and
the opinion is equally divided, he shall refer the matter to other
Members of the Tribunal who shall hear such application or appeal and
decide.
22. Appeal to Supreme Court.—Any person aggrieved by any award,
decision or order of the Tribunal, may, file an appeal to the Supreme
Court, within ninety days from the date of communication of the award,
decision or order of the Tribunal, to him, on any one or more of the
grounds specified in Section 100 of the Code of Civil Procedure, 1908 (5
of 1908):
Provided that the Supreme Court may entertain any appeal after the
expiry of ninety days, if it is satisfied that the appellant was prevented
by sufficient cause from preferring the appeal.
► Scope of writ Jurisdiction.—High Court is not having an appellate
jurisdiction nor jurisdiction under Article 227 of the Constitution of India to decide
the validity/correctness of the order passed by the National Green Tribunal,
Tanwar Singh v. State of M.P., 2015 SCC OnLine MP 5040.
► Scope of Appeal to Supreme Court.—Appeal under Section 22 has to be
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 20 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

read subject to conditions provided therein. Thus, appeal is restricted to

substantial question of law arising from judgment of NGT. Merely because remedy
of appeal is provided, it does not ipso facto permit appellants to agitate their
appeal to seek re- appreciation of factual matrix of entire matter. Mantri Techzone
(P) Ltd. v. Forward Foundation, (2019) 18 SCC 494.
► Maintainability of appeal to Supreme Court against orders of Tribunal.
—In cases concerning environmental governance, courts should decide case on
merits. Such cases involve present and future generations, sustainable
development for today and tomorrow. If a court comes to finding that appeal
before it lacks bona fides, it may issue directions which it thinks appropriate in
that case, Hanuman Laxman Aroskar v. Union of India, (2019) 15 SCC 401.
► Re-appreciation of evidence.—Merely because remedy of appeal is
provided against the decision of the Tribunal before the Supreme Court that does
not mean that Supreme Court must reappreciate the entire evidence on record
and specially when the same has already been analysed by the Tribunal, unless
the appellant is able to demonstrate that the finding recorded by the Tribunal
suffers from error apparent on the face of the record or is perverse, Anil Hoble v.
Kashinath Jairam Shetye, (2016) 10 SCC 701.
► State's power to alienate.—Transfer or alienation of publicly available
resources like ponds is impermissible Sridevi Datla v. Union of India, (2021) 5
SCC 321.
23. Cost.—(1) While disposing of an application or an appeal under
this Act, the Tribunal shall have power to make such order as to costs,
as it may consider necessary.
(2) Where the Tribunal holds that a claim is not maintainable, or is
false or vexatious, and such claim is disallowed, in whole or in part, the
Tribunal may, if it so thinks fit, after recording its reasons for holding
such claim to be false or vexatious, make an order to award costs,
including lost benefits due to any interim injunction.
24. Deposit of amount payable for damage to environment.—(1)
Where any amount by way of compensation or relief is ordered to be
paid under any award or order made by the Tribunal on the ground of
any damage to environment, that amount shall be remitted to the
authority specified under sub-section (3) of Section 7-A of the Public
Liability Insurance Act, 1991 (6 of 1991) for being credited to the
Environmental Relief Fund established under that section.
(2) The amount of compensation or relief credited to the
Environmental Relief Fund under sub-section (1), may, notwithstanding
anything contained in the Public Liability Insurance Act, 1991 (6 of
1991), be utilised by such persons or authority, in such manner and for
such purposes relating to environment, as may be prescribed.
25. Execution of award or order or decision of Tribunal.—(1) An
award or order or decision of the Tribunal under this Act shall be
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 21 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

executable by the Tribunal as a decree of a civil court, and for this

purpose, the Tribunal shall have all the powers of a civil court.
(2) Notwithstanding anything contained in sub-section (1), the
Tribunal may transmit any order or award made by it to a civil court
having local jurisdiction and such civil court shall execute the order or
award as if it were a decree made by that court.
(3) Where the person responsible, for death of, or injury to any
person or damage to any property and environment, against whom the
award or order is made by the Tribunal, fails to make the payment or
deposit the amount as directed by the Tribunal within the period so
specified in the award or order, such amount, without prejudice to the
filing of complaint for prosecution for an offence under this Act or any
other law for the time being in force, shall be recoverable from the
aforesaid person as arrears of land revenue or of public demand.
Chapter IV
PENALTY
26. Penalty for failure to comply with orders of Tribunal.—(1)
Whoever, fails to comply with any order or award or decision of the
Tribunal under this Act, he shall be punishable with imprisonment for a
term which may extend to three years, or with fine which may extend
to ten crore rupees, or with both and in case the failure or
contravention continues, with additional fine which may extend to
twenty five thousand rupees for every day during which such failure or
contravention continues after conviction for the first such failure or
contravention:
Provided that in case a company fails to comply with any order or
award or a decision of the Tribunal under this Act, such company shall
be punishable with fine which may extend to twenty five crore rupees,
and in case the failure or contravention continues, with additional fine
which may extend to one lakh rupees for every day during which such
failure or contravention continues after conviction for the first such
failure or contravention.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), every offence under this Act shall be
deemed to be non-cognizable within the meaning of the said Code.
27. Offences by companies.—(1) Where any offence under this Act
has been committed by a company, every person who, at the time the
offence was committed, was directly in charge of, and was responsible
to the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment provided in this Act, if he proves
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 22 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

that the offence was committed without his knowledge or that he had
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by the company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or
other association of individuals; and
(b) “director” in relation to a firm means a partner in the firm.
28. Offences by Government Department.—(1) Where any
Department of the Government fails to comply with any order or award
or decision of the Tribunal under this Act, the Head of the Department
shall be deemed to be guilty of such failure and shall be liable to be
proceeded against for having committed an offence under this Act and
punished accordingly:
Provided that nothing contained in this section shall render such
Head of the Department liable to any punishment if he proves that the
offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a Department of the
Government and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the
part of any officer, other than the Head of the Department, such officer
shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Chapter V
MISCELLANEOUS
29. Bar of jurisdiction.—(1) With effect from the date of
establishment of the Tribunal under this Act, no civil court shall have
jurisdiction to entertain any appeal in respect of any matter, which the
Tribunal is empowered to determine under its appellate jurisdiction.
(2) No civil court shall have jurisdiction to settle dispute or entertain
any question relating to any claim for granting any relief or
compensation or restitution of property damaged or environment
damaged which may be adjudicated upon by the Tribunal, and no
injunction in respect of any action taken or to be taken by or before the
Tribunal in respect of the settlement of such dispute or any such claim
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 23 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

for granting any relief or compensation or restitution of property

damaged or environment damaged shall be granted by the civil court.
► Scope of writ Jurisdiction.—Section 29 excludes jurisdiction of all civil
courts but does not exclude jurisdiction of High Court, Kollidam Aaru Pathukappu
Nala Sangam v. Union of India, (2014) 5 CTC 397 (Mad) (DB).
30. Cognizance of offences.—(1) No court shall take cognizance of
any offence under this Act except on a complaint made by—
(a) the Central Government or any authority or officer authorised
in this behalf by that Government; or
(b) any person who has given notice of not less than sixty days in
such manner as may be prescribed, of the alleged offence and
of his intention to make a complaint, to the Central
Government or the authority or officer authorised as aforesaid.
(2) No court inferior to that of a Metropolitan Magistrate or, a Judicial
Magistrate of the first class shall try any offence punishable under this
Act.
31. Members and staff of Tribunal to be public servants.—The
Chairperson, the Judicial and Expert Members, officers and other
employees of the Tribunal shall be deemed to be public servants within
the meaning of Section 21 of the Indian Penal Code (45 of 1860).
32. Protection of action taken in good faith.—(1) No suit or other
legal proceeding shall lie against the employees of the Central
Government or a State Government or any statutory authority, for
anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or order made thereunder.
(2) No suit, prosecution or other legal proceeding shall lie against
the Chairperson or, Judicial Member or Expert Member of the Tribunal
or any other person authorised by the Chairperson or Judicial Member
or the Expert Member for anything which is in good faith done or
intended to be done in pursuance of this Act or any rule or order made
thereunder.
33. Act to have overriding effect.—The provisions of this Act, shall
have effect notwithstanding anything inconsistent contained in any
other law for the time being in force or in any instrument having effect
by virtue of any law other than this Act.
► Power of NGT to direct Remedia1/Compensatory/Punitive Measures.—
Scope of NGT's power to grant and give directions for relief, compensation and
restitution under NGT Act, 2010, explained. Extent of overriding effect of NGT Act,
2010 over State legislation in cases of conflict, discussed. Mantri Techzone (P)
Ltd. v. Forward Foundation, (2019) 18 SCC 494.
34. Power to amend Schedule I.—(1) The Central Government may,
by notification, amend the Schedule I by including therein any other
Act, enacted by Parliament having regard to the objective of
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 24 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

environmental protection and conservation of natural resources, or

omitting therefrom any Act already specified therein and on the date of
publication of such notification, such Act shall be deemed to be
included in or, as the case may be, omitted from the Schedule I.
(2) A copy of every notification proposed to be issued under sub-
section (1), shall be laid in draft before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in disapproving the
issue of the notification or both Houses agree in making any
modification in the notification, the notification shall not be issued or,
as the case may be, shall be issued only in such modified form as may
be agreed upon by both the Houses.
35. Power to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following
matters, namely—
(a) rules as to the persons who shall be entitled to appear before
the Tribunal under clause (a) of sub-section (4) of Section 4;
(b) the procedure for hearing applications and appeals and other
matters pertaining to the applications and appeals under clause
(b) of sub-section (4) of Section 4;
(c) the minimum number of members who shall hear the
applications and appeals in respect of any class or classes of
applications and appeals under clause (c) of sub-section (4) of
Section 4;
(d) the transfer of cases by the Chairperson from one place of
sitting (including the ordinary place of sitting) to other place of
sitting;
(e) the selection committee and the manner of appointment of
the Judicial Member and Expert Member of the Tribunal under
sub-section (3) of Section 6;
(f) the salaries and allowances payable to, and other terms and
conditions of service (including pension, gratuity and other
retirement benefits) of, the Chairperson, Judicial Member and
Expert Member of the Tribunal under Section 9;
(g) the procedure for inquiry of the charges against the
Chairperson or Judicial Member of the Tribunal under sub-
section (4) of Section 10;
(h) the recruitment of officers and other employees of the Tribunal
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 25 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

under sub-section (2) of Section 12, and the salaries and

allowances and other conditions of service of the officers and
other employees of the Tribunal under sub-section (4) of that
section;
(i) the financial and administrative powers to be exercised by the
Chairperson of the Tribunal under Section 13;
(j) the form of application or appeal, the particulars which it shall
contain and the documents to be accompanied by and the fees
payable under sub-section (1) of Section 18;
(k) any such matter in respect of which the Tribunal shall have
powers of a civil court under clause (k) of sub-section (4) of
Section 19;
(l) the manner and the purposes for which the amount of
compensation or relief credited to the Environment Relief Fund
shall be utilised under sub-section (2) of Section 24;
(m) the manner of giving notice to make a complaint under clause
(b) of sub-section (1) of Section 30;
(n) any other matter which is required to be, or may be, specified
by rules or in respect of which provision is to be made by rules.
(3) Every rule made under this Act by the Central Government shall
be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
36. Amendment of certain enactments.—The enactments specified in
the Schedule III to this Act shall be amended in the manner specified
therein and such amendments shall take effect on the date of
establishment of the Tribunal.
37. Power to remove difficulties.—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Central Government, may, by
order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act as may appear to it to be
necessary for removing the difficulty:
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as
may be after it is made, before each House of Parliament.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 26 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

38. Repeal and savings.—(1) The National Environment Tribunal Act,

1995 (27 of 1995) and the National Environment Appellate Authority
Act, 1997 (22 of 1997) are hereby repealed (hereinafter referred to as
the repealed Act).
(2) Notwithstanding such repeal, anything done or any action taken
under the said Acts shall be deemed to have been done or taken under
the corresponding provisions of this Act.
(3) The National Environment Appellate Authority established under
sub-section (1) of Section 3 of the National Environment Appellate
Authority Act, 1997 (22 of 1997), shall, on the establishment of the
National Green Tribunal under the National Green Tribunal Act, 2010,
stand dissolved.
(4) On the dissolution of the National Environment Appellate
Authority established under sub-section (1) of Section 3 of the National
Environment Appellate Authority Act, 1997 (22 of 1997), the persons
appointed as the Chairperson, Vice-Chairperson and every other person
appointed as Member of the said National Environment Appellate
Authority and holding office as such immediately before the
establishment of the National Green Tribunal under the National Green
Tribunal Act, 2010, shall vacate their respective offices and no such
Chairperson, Vice-Chairperson and every other person appointed as
Member shall be entitled to claim any compensation for the premature
termination of the term of his office or of any contract of service.
(5) All cases pending before the National Environment Appellate
Authority established under sub-section (1) of Section 3 of the National
Environment Appellate Authority Act, 1997 (22 of 1997) on or before
the establishment of the National Green Tribunal under the National
Green Tribunal Act, 2010, shall, on such establishment, stand
transferred to the said National Green Tribunal and the National Green
Tribunal shall dispose of such cases as if they were cases filed under
that Act.
(6) The officers or other employees who have been, immediately
before the dissolution of the National Environment Appellate Authority
appointed on deputation basis to the National Environment Appellate
Authority, shall, on such dissolution, stand reverted to their parent
cadre, Ministry or Department, as the case may be.
(7) On the dissolution of the National Environment Appellate
Authority, the officers and other employees appointed on contract basis
under the National Environment Appellate Authority and holding office
as such immediately before such dissolution, shall vacate their
respective offices and such officers and other employees shall be
entitled to claim compensation for three months' pay and allowances or
pay and allowances for the remaining period of service, whichever is
less, for the premature termination of term of their office under their
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 27 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

contract of service.
(8) The mention of the particular matters referred to in sub-sections
(2) to (7) shall not be held to prejudice or affect the general application
of Section 6 of the General Clauses Act, 1897 (10 of 1897) with regard
to the effect of repeal.
SCHEDULE I
[See Sections 14(1), 15(1), 17(1)(a), 17(2), 19(4)(j) and 34(1)]
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.
SCHEDULE II
[See Sections 15(4) and 17(1)]
Heads under which compensation or relief for damage may be
claimed
(a) Death;
(b) Permanent, temporary, total or partial disability or other injury or
sickness;
(c) Loss of wages due to total or partial disability or permanent or
temporary disability;
(d) Medical expenses incurred for treatment of injuries or sickness;
(e) Damages to private property;
(f) Expenses incurred by the Government or any local authority in
providing relief, aid and rehabilitation to the affected persons;
(g) Expenses incurred by the Government for any administrative or
legal action or to cope with any harm or damage, including
compensation for environmental degradation and restoration of
the quality of environment;
(h) Loss to the Government or local authority arising out of, or
connected with, the activity causing any damage;
(i) Claims on account of any harm, damage or destruction to the
fauna including milch and draught animals and aquatic fauna;
(j) Claims on account of any harm, damage or destruction to flora
including aquatic flora, crops, vegetables, trees and orchards;
(k) Claims including cost of restoration on account of any harm or
damage to environment including pollution of soil, air, water, land
and eco-systems;
(l) Loss and destruction of any property other than private property;
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 28 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

(m) Loss of business or employment or both;

(n) Any other claim arising out of, or connected with, any activity of
handling of hazardous substance.
SCHEDULE III
(See Section 36)
AMENDMENT TO CERTAIN ENACTMENTS
PART I
Amendment to the Water (Prevention and Control of Pollution) Act,
1974
(6 of 1974)
Insertion of New Section 33-B.—After Section 33-A, the following
section shall be inserted, namely—
“33-B. Appeal to National Green Tribunal.—Any person aggrieved
by,—
(a) an order or decision of the appellate authority under Section 28,
made on or after the commencement of the National Green
Tribunal Act, 2010; or
(b) an order passed by the State Government under Section 29, on
or after the commencement of the National Green Tribunal Act,
2010; or
(c) directions issued under Section 33-A by a Board, on or after the
commencement of the National Green Tribunal Act, 2010,
may file an appeal to the National Green Tribunal established under
Section 3 of the National Green Tribunal Act, 2010, in accordance with
the provisions of that Act.”.
PART II
Amendments to the Water (Prevention and Control of Pollution) Cess
Act, 1977
(36 of 1977)
1. Amendment of Section 13.—In Section 13, in sub-section (4),
for the words “shall be final”, the words, figures and letters “shall, if no
appeal has been filed under Section 13-A, be final” shall be substituted.
2. Insertion of new Section 13-A.—After Section 13, the following
section shall be inserted, namely—
“13-A. Appeal to National Green Tribunal.—Any person aggrieved,
by an order or decision of the appellate authority made under
Section 13, on or after the commencement of the National Green
Tribunal Act, 2010, may file an appeal to the National Green Tribunal
established under Section 3 of the National Green Tribunal Act,
2010, in accordance with the provisions of that Act.”.
PART III
Amendment to the Forest (Conservation) Act, 1980 (69 of 1980)
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 29 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

Insertion of new Section 2-A.—After Section 2, the following

section shall be inserted, namely—
“2-A. Appeal to National Green Tribunal.—Any person aggrieved,
by an order or decision of the State Government or other authority
made under Section 2, on or after the commencement of the
National Green Tribunal Act, 2010, may file an appeal to the National
Green Tribunal established under Section 3 of the National Green
Tribunal Act, 2010, in accordance with the provisions of that Act.”.
PART IV
Amendment to the Air (Prevention and Control of Pollution) Act, 1981
(14 of 1981)
Insertion of new Section 31-B.—After Section 31-A, the following
section shall be inserted, namely—
“31-B. Appeal to National Green Tribunal.—Any person aggrieved
by an order or decision of the Appellate Authority under Section 31,
made on or after the commencement of the National Green Tribunal
Act, 2010, may file an appeal to the National Green Tribunal
established under Section 3 of the National Green Tribunal Act,
2010, in accordance with the provisions of that Act.”.
PART V
Amendment to the Environment (Protection) Act, 1986 (29 of 1986)
Insertion of new Section 5-A.—After Section 5, the following
section shall be inserted, namely—
“5-A. Appeal to National Green Tribunal.—Any person aggrieved
by any directions issued under Section 5, on or after the
commencement of the National Green Tribunal Act, 2010, may file
an appeal to the National Green Tribunal established under Section 3
of the National Green Tribunal Act, 2010, in accordance with the
provisions of that Act.”.
PART VI
Amendments to the Biological Diversity Act, 2002 (18 of 2003)
1. Amendment of Section 52.—In Section 52, after the proviso,
the following provisos shall be inserted, namely—
“Provided further that nothing contained in this section shall apply
on and from the commencement of the National Green Tribunal Act,
2010:
Provided also that any appeal pending before the High Court,
before the commencement of the National Green Tribunal Act, 2010,
shall continue to be heard and disposed of by the High Court as if
the National Green Tribunal had not been established under Section
3 of the National Green Tribunal Act, 2010.”.
2. Insertion of new Section 52-A.—After Section 52, the following
section shall be inserted, namely—
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 30 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

“52-A. Appeal to National Green Tribunal.—Any person aggrieved

by any determination of benefit sharing or order of the National
Biodiversity Authority or a State Biodiversity Board under this Act,
on or after the commencement of the National Green Tribunal Act,
2010, may file an appeal to the National Green Tribunal established
under Section 3 of the National Green Tribunal Act, 2010, in
accordance with the provisions of that Act.”.
NOTIFICATIONS
(1)
Ministry of Environment, Forest and Climate Change. No. S.O. 3438(E),
dated December 16, 2015, published in the Gazette of India, Extra.,
Part II, Section 3(ii), dated 17th December, 2015, p. 2, No. 2740
In exercise of the powers conferred under clause (a) of sub-section
(1) of Section 30 of the National Green Tribunal Act, 2010 (19 of 2010),
and in supersession of the Notification of the Government of India in
the erstwhile Ministry of Environment and Forests, number S.O. 748(E),
dated the 13th March, 2014, published in the Gazette of India,
Extraordinary, Part II, Section 3, sub-section (ii), dated 13th March,
2014 except as respects things done or omitted to be done before such
supersession, the Central Government hereby authorises the officers
mentioned in column (2) of the Table below, to file complaints with
regard to the offences punishable under the said Act, within the area of
jurisdiction specified in the corresponding entry in column (3) of the
aforesaid Table, namely—
TABLE
Sl. Officers authorised to file complaints Jurisdiction
No. under clause (a) of sub-section (1) of
Section 30 of the National Green
Tribunal Act, 2010
(1) (2) (3)
(i) Officers of the Ministry of Whole of India
Environment, Forest and Climate
Change not below the rank of Director
(ii) Officers of the Regional Offices of the Whole of India
Ministry of Environment, Forest and
Climate Change not below the rank of
Director
(iii) Officers of the Environment Whole of State/Union
Department of the State Government Territory
or the Union Territory (UT)
Administration not below rank of a
Director in the State Government or
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 31 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

the Union Territory Administration.

(iv) Officer of the Central Pollution Control Whole of India
Board (CPCB) not below the rank of
an Additional Director in the CPCB
(v) Officers of the State Pollution Control Whole of State/Union
Board (SPCB)/Pollution Control Territory
Committees (PCC) not below the rank
of a Director in the State Government
or the Union Territory Administration
(2)
Ministry of Environment, Forest and Climate Change. No. S.O. 2582(E),
dated August 10, 2017, published in the Gazette of India, Extra., Part
II, Section 3(ii), dated 11th August, 2017, No. 2263
In exercise of powers conferred by sub-section (3) of Section 4 of
the National Green Tribunal Act, 2010 (19 of 2010) and in supersession
of the notifications of the Government of India in the erstwhile Ministry
of Environment and Forests number S.O. 1003(E), dated the 5th May,
2011 and number S.O. 1908(E), dated the 17th August, 2011, except
as respected things done or omitted to be done before such
supersession, the Central Government hereby specifies the ordinary
places of sitting and the territorial jurisdiction of the National Green
Tribunal as under:—
Sl. Zone Place of Territorial jurisdiction
No. sitting
(1) (2) (3) (4)
1. Northern Delhi Uttar Pradesh, Uttarakhand, Punjab,
(Principal Haryana, Himachal Pradesh, Jammu and
place) Kashmir, Goa, National Capital Territory
of Delhi and Union territories of
Chandigarh, Daman and Diu and Dadra
and Nagar Haveli.
2. Western Pune Maharashtra and Gujarat.
3. Central Bhopal Madhya Pradesh, Rajasthan and
Chhattisgarh.
4. Southern Chennai Kerala, Tamil Nadu, Andhra Pradesh,
Telangana, Karnataka, Union territories of
Puducherry and Lakshadweep.
5. Eastern Kolkata West Bengal, Odisha, Bihar, Jharkhand,
Assam, Arunachal Pradesh, Manipur,
Meghalaya, Mizoram, Nagaland, Tripura,
Sikkim and Union territory of Andaman
and Nicobar Islands.
SCC Online Web Edition, © 2024 EBC Publishing Pvt. Ltd.
Page 32 Monday, July 08, 2024
Printed For: Ujjwal Dixit, Symbiosis Law School, Noida
SCC Online Web Edition: https://www.scconline.com
© 2024 EBC Publishing Pvt. Ltd., Lucknow.
-----------------------------------------------------------------------------------------------------------------------------------------------------------

———

1.
Received the assent of the President on June 2, 2010 and published in the Gazette of
India, Extra., Part II, Section 1, dated 2nd June, 2010, pp. 1-18, No. 25

2.
18-10-2010 [Vide Noti. No. S.O. 2569(E), dated October 18, 2010]

*
In exercise of the powers conferred by Section 3 of the National Green Tribunal Act, 2010
(19 of 2010), the Central Government hereby establishes “The National Green Tribunal” to
exercise the jurisdiction, powers and authority conferred on it by or under the said Act. [Vide
Noti. No. S.O. 2570(E), dated October 18, 2010]

3.
Ins. by Act 7 of 2017, S. 182 (w.e.f. 26-5-2017).

4.
Subs. for “Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the
provisions of Section 184 of that Act” by Act 33 of 2021, S. 27 (w.r.e.f. 4-4-2021).

Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/
regulation/ circular/ notification is being circulated on the condition and understanding that the publisher would not be
liable in any manner by reason of any mistake or omission or for any action taken or omitted to be taken or advice
rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/ notification. All
disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The authenticity of
this text must be verified from the original source.