NGT Act 2010Section 14Section 16Section 22Compensation
AMLEGALS / Environmental & NGT / NGT Appeal
National Green Tribunal Act 2010

The NGT enforces environmental obligations with binding, compensatory jurisdiction

The National Green Tribunal exercises original and appellate jurisdiction over environmental disputes, can impose substantial compensation and can stay clearances and consents pending final hearing. The 30-day appeal window is strict.

Strategic context

An active tribunal with compensatory teeth

The National Green Tribunal is not a passive appellate body. It actively suo motu takes up environmental issues, imposes substantial compensation for environmental damage, and exercises interim jurisdiction to stay clearances and consents that it finds prima facie deficient. Its orders are binding, enforceable and appealable only to the Supreme Court under Section 22 — there is no intermediate appellate forum.

For industries and project proponents, NGT proceedings are high-stakes. A stay of an environmental clearance can halt a project mid-construction. A compensation order can run to crores. And the 30-day limitation for appeals under Section 16 is strict, with only a 60-day condonation window. AMLEGALS approaches NGT proceedings with the urgency and preparation that the tribunal’s interventionist approach demands.

Workstreams

Representation before the NGT

01

Original application (Section 14)

Filing and arguing applications raising substantial questions relating to the environment, including environmental-damage claims and enforcement of environmental rights.

02

Appeal (Section 16)

Filing appeals against orders under the Water Act, Air Act, EP Act and other scheduled enactments within the 30-day limitation period.

03

Interim and stay applications

Obtaining interim orders and stay of clearances, consents or directions pending final hearing.

04

Environmental compensation defence

Defending against compensation claims under Sections 15 and 17 with expert evidence on causation, quantum and remediation.

05

Execution proceedings

Enforcing or defending execution of NGT orders and directions, including compliance monitoring.

06

Supreme Court appeal

Filing appeals under Section 22 to the Supreme Court against NGT orders within 90 days.

Answers

Frequently asked questions

01What matters fall within the NGT’s jurisdiction?

Under Section 14 of the National Green Tribunal Act 2010, the NGT has original jurisdiction over civil cases involving a substantial question relating to the environment, including enforcement of legal rights relating to the environment and compensation for environmental damage. Under Section 16, it has appellate jurisdiction against orders passed under the Water Act 1974, Air Act 1981, Environment (Protection) Act 1986, Public Liability Insurance Act 1991 and the Biological Diversity Act 2002.

02What is the limitation period for filing before the NGT?

An application under Section 14 must be filed within six months of the cause of action first arising. An appeal under Section 16 must be filed within 30 days of communication of the order appealed against. The NGT may condone delay of up to 60 days in both cases if sufficient cause is shown. Beyond 60 days, the application or appeal is time-barred.

03Can the NGT impose environmental compensation?

Yes. Section 15 empowers the NGT to provide relief and compensation to victims of pollution and other environmental damage, including restitution of property and environment. Section 17 enables the NGT to impose environmental compensation for damage arising to the environment, as determined by expert assessment. The compensation may be substantial — the NGT has imposed crores in environmental compensation in industrial-pollution and waste-management cases.

04Is the NGT’s order appealable?

Yes. Under Section 22 of the NGT Act, any person aggrieved by a decision or order of the NGT may file an appeal to the Supreme Court within 90 days. The appeal lies directly to the Supreme Court — there is no intermediate appellate forum. The Supreme Court has entertained NGT appeals on both questions of law and mixed questions of law and fact.

05Can the NGT stay an environmental clearance pending hearing?

Yes. The NGT routinely exercises interim jurisdiction to stay the operation of environmental clearances, forest clearances and pollution-control consents pending final hearing. The stay is governed by the principles of prima facie case, balance of convenience and irreparable injury. In several cases, the NGT has stayed clearances granted by the MoEFCC or SEIAA where procedural violations are established prima facie.

06Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.

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Business contact details are used only to respond to this request. No lawyer-client relationship arises until conflicts, scope and terms are agreed in writing.