After 5-yr tenure, NGT chief Adarsh Kumar Goel’s term ends today

In addition to specifying the disposal of cases — of the 16,042 cases disposed of by the Tribunal in five years, the chairperson’s bench disposed of 8,419 cases — the note has also identified “administrative and procedural initiatives” taken for speedy disposal of cases, which includes obtaining reports from joint committees. Several such panels have been set up in the past few years.

According to the note, a “significant initiative is speedy procedure by not depending merely on self-serving pleadings but obtaining independent factual reports based on site visit/ground truthing after interaction with stakeholders or other verification by credible/ multi-disciplinary joint committees comprising statutory regulators and at times headed by former Judges. This enabled speedy independent ascertainment of factual position leading to speedy disposal.”

The Tribunal’s note also points to “suo motu interventions for compensation and protection of environment in cases of fatal accidents involving violation of environment safety norms”, including deaths at dumpsites and factories.

Some of the orders that the note refers to from the past five years are directions to prohibit sale and use of firecrackers in parts of the country where the air quality is beyond a certain threshold; directions on controlling fire incidents at landfills in Delhi; monitoring rejuvenation of the Yamuna and Ganga rivers and a few other cases under the orders of the Supreme Court; directions to prohibit use of nylon or synthetic thread in kite flying; environment compensation of Rs 100 crore on the Kochi municipal corporation for a dumpsite fire this year; and interim compensation of Rs 100 crore on the State of Meghalaya for restoration of environment and rehabilitation of victims in a case of illegal mining.

The note also refers to a more recent order on the validity of environment clearance granted for a project in the Great Nicobar Islands. In this case, the eastern bench of the Tribunal constituted a committee under the Environment Secretary for a relook at the environmental clearances given for the project.

Senior environmental lawyer Ritwick Dutta said, “The report does not mention how many cases have been dismissed. Disposal means it has been decided, but not that the cause of environmental justice has been served. The report also does not state how many judgements have sustained themselves in the Supreme Court or the High Court. On compensation and damages, the report doesn’t assess how much of that has gone to the victims, and not from one pocket of the government to another. A report like this is a little unprecedented for a judicial body.”

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