NGT has powers of civil court, violators can be jailed or fined

Amidst the important directions and orders given by the National Green Tribunal, it becomes imperative to understand the nuances of its functioning and powers. The tribunal has faced criticism from various agencies for not being a judicially independent body, but it has to be noted that the NGT has all the powers of a civil court.

While tribunals are seldom taken seriously by authorities, the NGT has been one of the most active tribunals in the country. The NGT has the power to impose both punishment as well as fine. The punishment is up to three years and the penalty is up to Rs 10 crore and for firms in can extend up to Rs 25 crore. Also in case of an organisation, the director or manager of the firm can be punished or penalised if it is found guilty.

The NGT has recently passed an order to de-register those diesel vehicles in the national capital, that have been plying for more than 15 years. The members of the NGT panel have pulled up the Delhi government and the Delhi police for not being able to comply with the order which was passed last year. In this particular case and also the other cases where the government is the respondent, it has the powers to summon the state secretaries and officials responsible. While the tribunal is a statutory body, it has the powers to issue bailable and non bailable summons against officials in contempt of court. It has issued warrants against officials on several accounts.

Among the NGT directions that have made a huge impact in the recent past, is the one on Rohtang Pass banning commercial activities and restriction on the number of vehicles plying there. The result is a much cleaner tourist zone with all the non-decomposable waste done away with and with a lot of open space for people to walk around. Since the NGT order came into effect, only 800 petrol and 400 diesel vehicles are permitted there per day which has drastically reduced the number of haphazardly parked vehicles that blocked traffic on the Manali-Keylong National Highway.