How to File a Case Before the NGT

 

📝 How to File a Case Before the NGT

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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.

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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

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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.

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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)

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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

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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

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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

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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

What is NGT?

 

🌿 What is NGT?

✅ Full form: National Green Tribunal
✅ Established under: National Green Tribunal Act, 2010
✅ Purpose: A specialized tribunal set up exclusively to handle cases related to environmental protection, conservation of forests, natural resources, and enforcement of environmental laws.

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⚖️ Why was NGT created?

• To speed up environmental justice (regular courts take too long)

• To provide expert decisions (with environmental and technical experts, not just judges)

• To ensure that environmental issues are handled efficiently and with scientific understanding

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🏛 Powers and Functions of NGT

✅ Handles disputes under major environmental laws like:

• The Environment (Protection) Act, 1986

• The Forest (Conservation) Act, 1980

• The Air (Prevention and Control of Pollution) Act, 1981

• The Water (Prevention and Control of Pollution) Act, 1974

• The Biological Diversity Act, 2002

✅ Can provide compensation for environmental damage.
✅ Can order restoration or remedial measures.
✅ Can pass injunctions or stop orders (e.g., stop polluting industries).
✅ Has original jurisdiction over environmental civil cases and appellate jurisdiction over certain government decisions.

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👥 Who sits on the NGT?

• Judicial members → retired judges of the Supreme Court or High Courts

• Expert members → people with scientific, technical, or environmental expertise

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📍 Where are NGT benches located?

• Principal Bench: New Delhi

• Other benches: Bhopal, Pune, Kolkata, Chennai (regional benches)

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🕰 Time-bound decisions

The NGT Act says it should decide cases within 6 months of filing → much faster than regular courts.

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📌 Why is NGT important?

• Protects fundamental right to a clean and healthy environment under Article 21

• Ensures industries, government bodies, and individuals follow environmental rules

• Helps balance development and environmental protection

What is a Tribunal?

 

⚖️ What is a Tribunal?

A tribunal is a quasi-judicial body (meaning: it’s not a regular court, but it has some powers like a court) that is set up to adjudicate (decide) specific types of disputes.

Tribunals are usually created to:
✅ Reduce the burden on regular courts
✅ Provide specialized, faster, and more technical decisions
✅ Handle disputes in specific areas like tax, company law, environment, service matters, consumer disputes, etc.

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🏛 Key Features of Tribunals

• Created under a specific statute (Act), not under the regular court system

• Composed of judicial + technical members (for example, experts in tax, environment, company law)

• More informal procedures compared to regular courts

• Focused on speedy and specialized justice

• Appeals from tribunals often go to High Courts or Supreme Court depending on the law

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🔍 Examples of Tribunals in India

Area	Tribunal Name
Tax matters	Income Tax Appellate Tribunal (ITAT), Customs Excise and Service Tax Appellate Tribunal (CESTAT)
Company matters	National Company Law Tribunal (NCLT), NCLAT (appeals)
Environmental matters	National Green Tribunal (NGT)
Service matters	Central Administrative Tribunal (CAT)
Consumer disputes	District, State, and National Consumer Disputes Redressal Commissions (often called consumer forums, but function like tribunals)

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📜 Legal Basis

Article 323A and 323B of the Indian Constitution allow the Parliament to create tribunals for:

• Service matters (323A)

• Other matters like taxation, industrial disputes, land reforms, elections, etc. (323B)

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⚡ Tribunal vs. Court

Tribunal	Court
Created by statute	Part of constitutional judiciary
Limited to specific jurisdiction	General jurisdiction (civil/criminal)
Judges + technical members	Only judges
Simpler procedures	Strict procedural laws (CPC, CrPC, Evidence Act)
Appeals often limited	Full appeal hierarchy

Section 5 — Extension of prescribed period in certain cases

 

📜 Section 5 — Extension of prescribed period in certain cases

This is the famous “condonation of delay” provision.

✅ Text (simplified):
If a person files an appeal or application after the prescribed limitation period, the court may admit it if the person shows sufficient cause for not filing it within time.

Important:
Section 5 does NOT apply to filing of original suits — only to:

• Appeals

• Applications (like revision, review, etc.)

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🕰 Key points:

• Applies to: Appeals, applications (not suits).

• What is required? The party must explain why they couldn’t file in time, showing sufficient cause (like illness, accident, mistake, or unavoidable circumstances).

• Court’s discretion: Even if the limitation has expired, the court has the power to condone the delay if convinced.

• No hard rules: The law doesn’t define “sufficient cause” rigidly; courts interpret it liberally to advance justice, not block it on technical grounds.

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⚖️ Key case laws

• Collector, Land Acquisition, Anantnag v. Mst. Katiji (1987)
  → Supreme Court held courts should adopt a liberal approach in condoning delay, especially for the government.

• State of Nagaland v. Lipok Ao (2005)
  → Courts must balance between finality of litigation and doing substantial justice.

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💡 Practical points

• You need to file an application for condonation of delay along with the appeal or application, explaining the reasons for delay.

• The delay must be justified day by day in some cases, especially when the delay is long.

• If the court is satisfied, it will allow the delayed appeal or application to be heard on merits.

Summary of Limitation Periods

 

📊 Summary of Limitation Periods

Type of Suit / Matter	Limitation Period	Starts From
Breach of contract, recovery of money, debt, etc.	3 years	When the contract is breached / money becomes due
Tort (like compensation for injury, defamation)	1 year	When the injury or damage occurs
Suit for possession of immovable property	12 years	When possession becomes adverse (adverse possession)
Suit by mortgagor or mortgagee	12 years	From date of redemption or default
Execution of decree (other than money decree)	12 years	Date when the decree becomes enforceable
Execution of money decree (not being a court order)	12 years	Date of decree
Recovery of immovable property by the government	30 years	When possession becomes adverse
Recovery of money by the government	30 years	When the money becomes due
Appeals (civil)	90 days (High Court), 30 days (other courts)	Date of decree or order
Appeals (criminal)	60 days (High Court), 90 days (Supreme Court)	Date of judgment or order
Applications for review	30 days	Date of decree or order
Applications for setting aside ex-parte decree	30 days	Date of knowledge of the decree

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⏰ Important Sections

• Section 3 → Bar of limitation

• Section 5 → Condonation of delay (only for appeals & applications, not suits)

• Section 6-8 → Legal disability (minors, insane persons)

• Section 12-15 → Exclusion of certain periods (like time to get a certified copy)

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📝 Notes

• Limitation period does NOT create rights, but it bars the remedy in court.

• Courts are bound to apply limitation law even if the defendant doesn’t raise it.

• For contracts, limitation resets if acknowledgment of debt is made in writing (Section 18).

The Limitation Act, 1963

 The Limitation Act, 1963 is an important Indian law that sets time limits within which legal actions (like filing a suit, appeal, or application) must be initiated in courts.

Here’s a quick breakdown for you:

✅ Objective:
To provide a uniform period of limitation for different types of legal claims so that disputes are settled within a reasonable time and evidence does not become stale.

✅ Key Features:

• Came into force: 1 January 1964

• Applies to: Whole of India (except Jammu & Kashmir at the time; now it applies post-reorganization)

• Total Sections: 32 + The Schedule (which lists specific periods for various matters)

• Covers:

  • Civil suits (like property disputes, contracts, money recovery)

  • Appeals

  • Applications (like execution of decrees)

✅ Important provisions:

• Section 3 → Courts must dismiss a suit filed beyond limitation, even if the defendant does not raise the objection.

• Section 5 → Delay in filing appeals or applications (not suits) may be condoned if sufficient cause is shown.

• Section 6-8 → Exemptions for persons under disability (like minors or mentally ill).

• Section 9 → Once time starts running, it is not stopped by subsequent disability.

• Section 12-15 → Exclusions of time (for example, time taken to get a copy of the decree).

✅ The Schedule (attached to the Act) lists:

• Specific time limits (like 3 years for breach of contract, 12 years for mortgage suits, 30 years for recovery of government dues).

✅ Why it matters:
If you file a case after the limitation period, the court can reject it outright, even if your underlying claim is strong.

 

Written Statement in Negligence Case

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IN THE COURT OF [COURT NAME]
[Jurisdiction]

Suit No.: [As given]

Plaintiff: [Plaintiff’s Name]
Defendant: [Defendant’s Name]

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WRITTEN STATEMENT ON BEHALF OF DEFENDANT

1. Preliminary Submissions:
   a) The Defendant denies each and every allegation except those specifically admitted herein.
   b) The plaint is vague, frivolous, and does not disclose a cause of action.

2. Brief Facts:

   • The Defendant states that they exercised due care and diligence in all their actions.

   • The alleged incident on [date] was not caused by any act or omission on part of the Defendant but was due to factors beyond control / an inevitable accident.

3. Specific Replies to Allegations:

   • Para [number] of the plaint is denied. The Defendant never owed a duty of care in the manner alleged or breached any such duty.

   • Para [number] is denied. There was contributory negligence on part of the Plaintiff, who failed to exercise reasonable caution.

   • Without prejudice, even if any harm occurred, it was minimal and the damages claimed are highly exaggerated.

4. Legal Grounds / Defenses:

   • There was no negligence attributable to the Defendant.

   • The principle of volenti non fit injuria applies, as the Plaintiff voluntarily assumed the risk.

   • The Plaintiff’s claim is barred by limitation / not maintainable.

5. Prayer:
   In light of the above, the Defendant respectfully prays that this Hon’ble Court:
   a) Dismiss the suit filed by the Plaintiff;
   b) Award costs of this proceeding to the Defendant;
   c) Pass such other orders as deemed just and proper.

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Place: [City]
Date: [Insert Date]

Defendant / Advocate’s Signature
[Name]