The National Green Tribunal (NGT), a specialized body dealing with environmental issues, recently took stern action against the state of Haryana. The reason was the state’s failure to address the problem of illegal mining in Rithoj village, Gurgaon. This comes as a significant decision that underlines the need to curb illicit activities that detrimentally affect the environment.
Understanding Illegal Mining
Illegal mining refers to the extraction of minerals, ores, or other valuable resources from land or water bodies without the necessary permits, licenses, or regulatory approvals from government authorities. It could also involve breaching of environmental, labor, and safety standards, making it a severe concern for environmental protection.
Insight into Mining Laws in India
According to the constitution of India, the state government is responsible for owning the minerals located within their boundaries, as stated in the serial No. 23 of List II (State List). Simultaneously, the central government owns the minerals within the exclusive economic zone of India (EEZ) as per entry at serial No. 54 of List I (Central List). To comply with this, the Mines & Minerals (Development and Regulation) (MMDR) Act of 1957 was established. The policy and legislation relating to minor minerals are entirely delegated to the State Governments, while those related to major minerals are handled by the Ministry of Mines under the Union Government.
Overview of the National Green Tribunal
Established in October 2010 under the National Green Tribunal Act 2010, the NGT focuses on the quick and effective resolution of cases related to environmental protection, forest conservation, and preservation of natural resources. New Delhi serves as the principal seat of NGT, with Bhopal, Pune, Kolkata, and Chennai designated as the other four places of sitting for the Tribunal.
Structure and Legal Mandate of NGT
The Tribunal, headed by the Chairperson, comprises at least 10 but not more than 20 judicial members and expert members. The central government, in consultation with the Chief Justice of India (CJI), appoints the Chairperson. A Selection Committee formed by the Central Government is responsible for appointing the Judicial Members and Expert Members.
The jurisdiction of the Tribunal extends to enforcing environmental rights, granting relief, and compensation for damages to individuals and property, and addressing matters associated with environmental protection and conservation. It operates independently of the procedural rules laid down in the Code of Civil Procedure, 1908, guided instead by principles of natural justice.
Subjects Covered Under NGT
Any person seeking relief and compensation for environmental damage involving subjects in the legislations mentioned in Schedule I of the National Green Tribunal Act, 2010 may approach the Tribunal. These statutes include The Water (Prevention and Control of Pollution) Act, 1974; The Forest (Conservation) Act, 1980; The Air (Prevention and Control of Pollution) Act, 1981; and The Environment (Protection) Act, 1986 among others.
Understanding the Difference Between NGT and CPCB
While both bodies deal with environmental issues, the National Green Tribunal (NGT) is established by an Act, whereas the Central Pollution Control Board (CPCB) was created by an executive order of the Government. The main role of NGT is to provide environmental justice and reduce litigation burden in higher courts. In contrast, CPCB focuses on promoting cleanliness of streams and wells and aims to improve air quality in the country.
Constitutional Provisions and the National Green Tribunal Act, 2010
The National Green Tribunal Act, 2010 was enacted in line with the provision of the Right to a healthy environment, construed as a part of the Right to life under Article 21 of the Constitution of India.
Impact of Mining on India’s GDP
Despite being one of the countries of Gondwanaland, India’s mining industry contributes much less to its Gross Domestic Product (GDP) in percentage.
Coal Mining and Development
Despite the adverse environmental impact of coal mining, it remains a crucial aspect of development.
Last Modified: February 22, 2024