Context:
Recently, the National Green Tribunal (NGT) ordered classifying Nainital town into prohibited, regulated, and development zones.
Relevance:
GS III: Environment and Ecology
Dimensions of the Article:
- Key Points from the National Green Tribunal (NGT) Order Regarding Nainital:
- National Green Tribunal (NGT)
Key Points from the National Green Tribunal (NGT) Order Regarding Nainital:
- Zoning of Nainital:
- The NGT has ordered classifying Nainital town into prohibited, regulated, and development zones to manage growth responsibly.
- Objective:
- This zoning aims to curb the environmental impact caused by unchecked urbanisation and ensure responsible development management.
- Carrying Capacity:
- The NGT emphasized the idea of “carrying capacity”, which refers to the maximum population and development limit that Nainital can support without causing environmental degradation.
- Environmental Concerns:
- The felling of oak and deodar trees for parking facilities near hotels has led to ecological damage in Nainital’s catchment area, affecting the recharge of Nainital Lake.
- Nainital Lake:
- Nainital Lake is a lunar-shaped freshwater lake, formed due to tectonic movements. It is located in the Kumaon region of Uttarakhand.
- Role of the NGT:
- The NGT is a statutory body established under the National Green Tribunal Act, 2010 to ensure the quick resolution of cases related to environmental protection and forest conservation.
National Green Tribunal (NGT)
- The NGT was established on October 18, 2010 under the National Green Tribunal Act 2010, passed by the Central Government.
- National Green Tribunal Act, 2010 is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues.
- NGT Act draws inspiration from the India’s constitutional provision of (Constitution of India/Part III) Article 21 Protection of life and personal liberty, which assures the citizens of India the right to a healthy environment.
- The stated objective of the Central Government was to provide a specialized forum for effective and speedy disposal of cases pertaining to environment protection, conservation of forests and for seeking compensation for damages caused to people or property due to violation of environmental laws or conditions specified while granting permissions.
Structure of National Green Tribunal
- Following the enactment of the said law, the Principal Bench of the NGT has been established in the National Capital – New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench) and Kolkata (Eastern Bench). Each Bench has a specified geographical jurisdiction covering several States in a region.
- The Chairperson of the NGT is a retired Judge of the Supreme Court, Head Quartered in Delhi.
- Other Judicial members are retired Judges of High Courts. Each bench of the NGT will comprise of at least one Judicial Member and one Expert Member.
- Expert members should have a professional qualification and a minimum of 15 years’ experience in the field of environment/forest conservation and related subjects.
Powers of NGT
The NGT has the power to hear all civil cases relating to environmental issues and questions that are linked to the implementation of laws listed in Schedule I of the NGT Act. These include the following:
- The Water (Prevention and Control of Pollution) Act, 1974;
- The Water (Prevention and Control of Pollution) Cess Act, 1977;
- The Forest (Conservation) Act, 1980;
- The Air (Prevention and Control of Pollution) Act, 1981;
- The Environment (Protection) Act, 1986;
- The Public Liability Insurance Act, 1991;
- The Biological Diversity Act, 2002.
- This means that any violations pertaining ONLY to these laws, or any order / decision taken by the Government under these laws can be challenged before the NGT.
- Importantly, the NGT has NOT been vested with powers to hear any matter relating to the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927 and various laws enacted by States relating to forests, tree preservation etc.
-Source: Indian Express
