National Green Tribunal: Save Environment, Save Delhi*!

                                                                                                                     

Citizens of Delhi, the capital of India are no doubt breathing toxic pollutants day in day out.  For the last few years, it is not only the pollution from the emission of vehicles or the inactions of ignorant government authorities to curb the menace of environmental pollution which have contributed to such a devastating situation, but there have been new contributors. Thus, it is no surprise that Delhi offers the worst quality of life.  In fact, environmental degradation has been allowed at a unscrupulous rate in the name of development. The concept of right to life which has been envisaged in our Constitution of India, has been treated expeditiously by National Green Tribunal (NGT) via its numerous decisions.

Astonishingly, there has been no dearth of rules or procedures to prevent environmental degradation.  However the lack of implementation or rather poor implementation of the existing set of rules has led to the situation at hand. The NGT which was established in the year 2010, has been proactive in deciding environmental litigation and it is an expert body for resolving multidisciplinary environmental disputes. It has been facilitating environmental awareness as well as raising the level of understanding amongst the common man regarding environmental safeguards. The terra firma of NGT rests on the principles of Sustainable Development, Precautionary and Polluter Pays Principle. A few of landmark cases decided by the NGT are: the POSCO Case, Goa Foundation Case, Art of Living Festival on Yamuna Plain, ban on 10 year-old diesel and 15 year-old petrol vehicles, directions for rejuvenating the Ganga and Yamuna, and the ban on plastic items in Delhi. Environmental upgradation and sustenance coupled along with religious believes is also one of the issues which invited the attention of NGT  as is evident in its directions for keeping silence in Amarnath Shrine, so that pilgrims visiting the Shrine in the later half could also observe the shivling, which is naturally formed. However, the NGT was considerate of the fact that such silence could not be maintained during the daily aartee (prayer) and thus, the said prayers are exempted.  Similarly, the NGT had restricted and limited to 50,000 visitors per day to the shrine of Mata Vaishno Devi. The Art of Living Festival on Yamuna Flood Plain also caught attention of NGT and the Spiritual leader Sri Sri Ravi Shankar's Art of Living International Center was held accountable for causing damage and environmental degradation of the flood plain of river Yamuna and was directed for restoration and restitution of the flood plain limited to portion to the original condition in which it was allotted to it prior to the event.   At present the concern is not whether NGT is capable of delivering decisions which could be executed rather it is  whether the NGT would be able to survive without  crumbling and the immense pressure that it is being subjected to right now especially because of the poor infrastructural facilities and shortage of staff. The latter is of grave concern and severe consequences since the judicial setup can only work if there are good decision makers. The NGT Act prescribes for minimum 10 judicial members and expert members.  However, the expert body is working without sufficient number of members and yet doing its job. It is not clear as to why such appointments are not being made.  However, if such a system of apathy continues, the judicial vigour will be lost and decision-making will be delayed. It is not out of place to say that it would be NGT which would come to serve the common man be it illegal encroachment, natural storms, water drains,  illegal extraction of groundwater, construction without environmental impact assessments or environmental clearance etc.  The rampant misuse of natural resources would only lead to the inevitability as has been adumbrated by many before this age.

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               The author is founding partner at Arora & Associates and is a practicing lawyer at the Delhi High Court and the National Green Tribunal. Queries may be addressed to him by email at arora.ayush@outlook.com