Special ‘green’ courts set up to rule over environmental disputes

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: Fifth day of June each year is observed as World Environment Day by India, among the comity of nations to renew the pledge that economic development shall follow the environment parameters and regulate human activity within the limits of eco-systems of the planet. The Indian Government has now come out with the idea of mooting green courts to deal exclusively with the adjudication of the disputes relating to violation of environmental laws. Such Courts were suggested by the Law Commission during 2003 but no action had followed till date. This is a part of a bill finalized by the law ministry on a new scheme under which a national tribunal and regional tribunals will be set up to adjudicate on all cases under all the laws enacted to ensure economic development within the eco-systems, aimed at “a singular regulator for environmental laws so that justice is not delayed”.

In terms of a proviso in the proposed enactment, no other court will have the power to have any jurisdiction in matters concerning pollution and environment, though appeals shall lie against the judgments of these tribunals before their Lordships of the Supreme Court, as the tribunals shall have status of High Courts.

The proposed two-tier enactment is based on the recommendations of the Law Commission; while some cases will come directly under the purview of the national tribunals and its various benches, other cases will be entertained by the regional tribunals. A tribunal under the new enactment shall comprise a chairperson from judicial background and members shall consist of experts from different fields like engineering, economics and other social sciences, forestry, physics, chemistry, botany and zoology. The new legislative dispensation when in place, shall result in the repeal of National Environment Tribunal Act, 1995 and National Environment Appellant Authority Act, 1977 under which cases are heard by the High Courts as well as by the subordinate judiciary. But for the last 12 years, the machinery under the Tribunals Act of 1995 is hanging fire because of bureaucratic wrangling over the composition of the Tribunals throwing cases of relief and compensation to the pollution victims in tracks.