Monday, May 26, 2025

How to File a Case Before the NGT

 

๐Ÿ“ How to File a Case Before the NGT

1. Jurisdiction of NGT

  • The NGT handles cases related to environmental protection, forest conservation, pollution control, and related laws (Environment Protection Act, Water Act, Air Act, Forest Conservation Act, etc.).

  • Both original cases (direct filing) and appeals against environmental regulatory decisions can be filed.

2. Who can file?

  • Any person or group (like NGOs, affected citizens, industry, government)

  • Public Interest Litigation (PIL) can be filed by concerned individuals or organizations

3. Where to file?

  • File at the Principal Bench in New Delhi or at any of the regional benches (Bhopal, Pune, Kolkata, Chennai) depending on the location of the cause of action or parties involved.

4. Documents required

  • Written application/petition describing the environmental issue or violation

  • Affidavit verifying the facts mentioned in the petition

  • Copies of any relevant documents, reports, photographs, government orders, or notices

  • Details of respondents/defendants against whom the complaint is made

  • Proof of cause of action (how the petitioner is affected by the issue)

5. Format of the Petition

  • Title (NGT case number if appeal)

  • Name and address of petitioner/applicant and respondent(s)

  • Facts of the case in chronological order

  • Grounds for filing (legal and factual basis)

  • Relief sought (what you want the NGT to order)

  • Signature of petitioner or counsel

  • Verification clause and affidavit

6. Filing procedure

  • File the petition in triplicate (three copies) — one for each party and one for the tribunal

  • Pay prescribed filing fees (varies by case type)

  • Petition can be filed in person, by post, or through authorized counsel

7. Important rules to remember

  • NGT proceedings are summary and informal but factual and legal clarity is important

  • File the petition within 6 months of cause of action (extension may be possible)

  • NGT encourages mediation and settlement if possible

  • Non-compliance of NGT orders may lead to penalties or fines

8. After filing

  • NGT issues notice to respondents

  • Respondents file replies

  • Hearing fixed

  • NGT passes order which can be appealed only to the Supreme Court

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