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NGT

Deposit Rs 100 crore by Friday or face arrests, NGT to Volkswagen

by Editor's Desk January 17, 2019

The TrickyScribe: National Green Tribunal on Thursday directed German car manufacturer Volkswagen to deposit Rs 100 crore by 5 pm Friday in connection with an emissions case or face punitive action. The tribunal also warned Volkswagen that its India head may be arrested and all its properties seized in case it fails to pay.

The tribunal in November last had told Volkswagen to deposit Rs 100 crore with the Central Pollution Control Board within a month for having allegedly flouted environmental norms by using a cheat device that lowered vehicle emissions only during tests. “Why have you not complied with our order when there is no stay,” a bench of National Green Tribunal Chairperson Justice Adarsh Kumar Goel and Justice SP Wangdi said. “We will not give you any further time.”

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Earlier this week, a four-member committee, set up by the National Green Tribunal in November, penalized Volkswagen Rs 171.34 crore for contributing to air pollution in Delhi through excess nitrogen oxide emissions. The committee, in its report, said Volkswagen cars released an estimated 48.678 tonnes of nitrogen oxide in 2016 in the city. Nitrogen oxide is a pollutant that is known to cause heart and lung diseases.

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“Estimated cost of heath damage due to additional NOx [nitrogen oxide] emissions from the Volkswagen group vehicles is approximately Rs 171.34 crore using a metro city i.e. Delhi as a base,” the report had said. “Further, the valuation is for Delhi city considering that the value of NOx is 435 tonnes is released in the city.”

The green panel calculated the amount of penalty on the basis of the 3.27 lakh Volkswagen cars in India that had the cheat device. The panel told the tribunal that automobiles are a major source of nitrogen oxide emissions and nitrogen dioxide is the most prevalent source form of nitrogen oxide. Prolonged exposure to elevated levels of nitrogen dioxide may cause asthma and respiratory infections.

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January 17, 2019 0 comments

Standard environment clearing conditions for 25 sectors including iron, steel, cement, coal, petroleum refineries industry, paper and pulp industries, hydro-electric projects and industrial estates have now been imposed

Business & Commerce

Standard EC conditions for 25 sectors

by Editor's Desk August 24, 2018

written by Editor's Desk

The TrickyScribe: Twenty five sectors seeking environment clearance (EC) for expansion of existing projects or new projects have standard conditions imposed by Indian government now. The government-constituted green panel called Expert Appraisal Committee (EAC) assesses the projects and makes recommendations, based on which the Environment Ministry grants the final EC.

“In order to bring uniformity on stipulated terms and conditions across the projects and sectors and as a general guide to the EAC as well as project proponents, the ministry has prepared standard conditions for 25 sectors,” the Environment Ministry, in a statement, said. The 25 sectors include iron, steel, cement, coal, petroleum refineries industry, paper and pulp industries, hydro-electric projects, industrial estates, amongst others.

The standard EC conditions will have to be considered by the EAC at the time of appraisal of the proposals. The EAC after due diligence can modify, delete and add conditions based on the project-specific requirements, the statement said.

NGT fines sewage plant for damage to environment

National Green Tribunal has imposed an interim fine of Rs 2.5 lakh on the project proponent of Bandhwari sewage treatment plant in the district for damaging the environment. A Bench headed by NGT Chairperson Adarsh Kumar Goel noted that there was no substantial compliance by the project proponent in managing waste and ruled that mere a promise for future compliance was not enough.

“Ecogreen Energy Gurgaon Faridabad Pvt Ltd is directed to pay an interim compensation of ₹ 2.5 lakh for damage to the environment under Section 15(2) of the National Green Tribunal Act, 2010. The amount may be deposited with the State Pollution Control Board (SPCB). The above amount may have to be increased if any violation continues. We direct the Central Pollution Control Board (CPCB) and the SPCB to conduct an inspection within four weeks,” said the Bench. The tribunal posted the matter for consideration of the compliance affidavit and report of the CPCB and the SPCB on February 6.

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August 24, 2018 0 comments

Geopolitical Affairs

Half the cases frivolous, not related to environment

by Editor's Desk August 1, 2018

written by Editor's Desk

The TrickyScribe: National Green Tribunal (NGT) on Tuesday observed that 50 percent of the cases being filed at the green panel were “cases of blackmailers” and “not related to the environment.” The observations came while the green panel was hearing a plea that sought a stay on the construction of a 70-story building in Mathura by ISKCON.

Asserting that the tribunal will only deal with cases related to the environment, a bench headed by NGT chairman Adarsh Kumar Goel said, “Nowadays, 50% of cases are of blackmailers…Earlier we used to issue notices…but now we are not issuing notices and disposing of the cases.”

India Post officials bypassing green norms

by Staff Correspondent September 24, 2017

written by Staff Correspondent

Udipt Nidhi | The TrickyScribe: India is shining. India is developing. This development, however, has a price-tag attached to it. Towns are expanding, touching each-others’ boundaries. Inversely proportional to this is the green cover that is shrinking day in and day out.

Cleared land at GPO, Patna

Expanding cities and thereby shrinking greenbelt is the price we pay for this rapid urbanization. Patna, in tandem with the pace in vogue, is no exception. If one sets out on a long drive on Bailey Road, almost the spinal cord of the city’s traffic, they’re likely to find beelines of construction sites thronging the adjoining areas.

Construction is visible. But with this pace, Patna overlooked the natural beauty it already had! The riverine plains adjoining Digha area pose another threat that needs redressal, that too at the earliest.

Still the development of Sanjay Gandhi Biological Garden, eco-park, Buddha Smriti park hold some flora. Those apart, greenery is found abundantly in private or Government holdings.

Recent felling down of trees in the GPO

GPO, Patna

Felling down of trees in the name of beautification has become the order of the day. More than 30 trees faced the wrath of axe in Patna GPO recently. Of these, there were few that were more than a century old.

Volunteers from Tarumitra, a local NGO, planted some trees on the GPO campus back in August, 2002. Father Robert Athickal told The TrickyScribe “assisted by the then Chief Postmaster General, Bihar circle, Patna, Anil Kumar, Tarumitra volunteers planted the saplings.”

Climbers, grasses, bushes and trees were planted on the occasion. Aprajita, Rathi, Vetiveria, Neem, Nirgundi, Ashok and Cybapogon to name a few. “Tarumitra insured routine examinations and inspections and monitored the health of the trees planted,” said coordinator (head), Tarumitra, DN Prasad.

Tarumitra volunteers were apprised of the felling down of the trees on August 29. It was also learnt that no prior permission was taken from the state environment and forest department. This triggered sharp response on part of the local environment enthusiasts.

Series of Protests

Volunteers protested against the deforestation and the exercise was christened as ‘Alvida Vriksha Bandhu’. Candle marches were organized and voices rose.

“A plant takes years to grow and develop into a full-grown tree. On the contrary, it hardly takes a few minutes chopping them down. The threshold is already breached and trees can help restricting pollution thereby improving the environment,” said Father Robert Athickal from Tarumitra. He also alleged that as many as 6,000 trees were chopped down in the last five years.

Tightlipped GPO officials

The GPO locked itself in watertight compartments with the employees and officials, including the top brass, tightlipped on the issue. Chief postmaster general, Bihar circle, Patna, ME Haque was not available for his comments. Running from pillar to post meant nothing but gained experience of refusals, in different forms.

Lastly, deputy chief postmaster, GPO, Patna, Arun Jha responded. He, however, denied the allegation categorically and said “not more than three palm trees were pruned. The rest is exaggeration.”

Even he was reluctant, better to say in want of a better answer, on questions related to felling down of the trees on the GPO campus. On being persuaded further, Jha kept buying time. No concrete answer was given.
Ministerial staff pleading anonymity informed The TrickyScribe that not less than three dozen trees were chopped down.

National Green Tribunal guidelines

The stance of National Green Tribunal in cases of cutting down of tress is immensely stern. The NGT has imposed a blanket ban on the cutting down of trees from forests, parks or even in private or government land holdings across the country without obtaining proper clearances from the authorities concerned.

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September 24, 2017 0 comments

Business & Commerce Geopolitical Affairs

NGT against Principles of Natural Justice

by TrickyScribe June 15, 2017

written by TrickyScribe

Many tribunals including the National Green Tribunal (NGT) were established in India over the past few decades with the aim of delivering speedy and efficient justice to settle issues that can otherwise take years for their redressal.

Indian tribunals include Armed Forces Tribunal, Central Administrative Tribunal (CAT), Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Income Tax Appellate Tribunal (ITAT) and the NGT among others.

Pollution in the Holy Ganges

One common feature found in the Acts governing these tribunals is the exemption to them from the Criminal Procedure Code or the Code of Civil Procedure. The tribunals are bound by “Principles of Natural Justice” in the disposal of the matters concerned.

Parliament went a step further and exempted NGT from Indian Evidence Act as well making “Principles of Natural Justice” the only basis on which it will operate.

Following is the relevant portion of the NGT Act, exempting it from the established laws.

“19. (1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice.”

“(3) The Tribunal shall also not be bound by the rules of evidence contained in the Indian Evidence Act, 1872.”

Reading the literature available on the concept, we gather that there are some fundamental principles when it comes to natural justice.

No-one should be a judge in his own cause

This essentially means no one can be a Judge in one’s own cause or in a case where one has a personal interest vouching for the rule against bias. Forms of bias that can manifest in such scenarios include pecuniary, personal and ‘subject matter’ biases.

Subject matter bias means the person in a position to deliver a decision has an expertise in the field to which the dispute corresponds to and, therefore, his own understanding and beliefs can color his judgment.

Take a look at the composition of the Tribunal in the NGT:

A chairperson: Must be a retired Supreme Court judge.

20 Judicial members (maximum permissible count): Who can be chosen from retired Supreme Court or High Court judges.

20 “expert members” (maximum 20): The requirements to qualify as an expert member are:

Must have Master’s degree in Science (in physical or life sciences) with a Doctorate degree or Master of Engineering or Master of Technology and at least 15 years’ experience in the relevant field including five years practical experience in the field of climate change management, environment and forests (including pollution control, hazardous substance management, forest conservation environment impact assessment and biological diversity management) in a reputed national level institution; or have a minimum of 15 years administrative experience including experience of five years in dealing with environmental matters in the Central or a State Government or in a reputed National or State level institution.

In short, the “expert member” is a “subject matter expert” on environmental issues. A subject-matter-expert is actually sitting to decide on a matter goes against the very foundational principle on which the concept of natural justice is built.

The NGT Act also specifies, as per Section 4(4)(c), that in any sub-group formed to hear an application or an appeal, the number of expert members in a bench will always be equal to the number of judicial members in the bench. “Provided that the number of expert members shall, in hearing an application or appeal, be equal to the number of judicial members hearing such application or appeal”

This means that if the subject matter experts concur, a decision can never be given against what they believe in. That apart, it will then take only one judicial member to concur with them for the overall decision to be based on their line of judgment. This is because the NGT Act says the following in the context of decision making:

“21. Decision to be taken by the majority.” The decision of the majority of members in the tribunal shall be binding:

Clearly, “subject matter bias” can clearly prevail over judgments in NGT and it goes orthogonal to the Principles of Natural Justice, based on which it is supposed to deliver justice!

Let us now come to another thumb-rule that governs Principles of Natural Justice:

The Evidence Rule

Any decision which is supposed to be based on natural justice should provide for submission of logical evidence and point-to-point rebuttal of opposing evidence. The defendant and the applicant(s) have the right to present their case and evidence.

The presence of the mature Indian Evidence Act notwithstanding, the NGT Act does away with its applicability leaving the whole evidence procedure in the hands of the committee members. In other words, the entire evidence process is left to the discretion of the tribunal members.

This again is a violation of one of the fundamental Principles of Natural Justice!

Such decrees benefit the wicked and injure the just, since the just respect them, while the others do not do so. There must be covenants and positive laws to tie rights with duties and to direct justice to its object.

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June 15, 2017 0 comments

NGT