Parl passes Green Tribunal Bill

Tribunal will fast-track justice for those affected by environmental hazards

PTI | May 5, 2010



Individuals and organisations can expect a fast-track justice and compensation for loss of life and property due to environmental hazards such as Delhi's Mayapuri radiation leak incident, with Parliament approving a bill on Wednesday.

The bill provides for setting up of a National Green Tribunal (NGT) to be headed by a sitting or retired Supreme Court judge or the Chief Justice of a High Court, which is expected to clear over 5,600 cases pending in different courts.

"Anybody can approach the National Green Tribunal. It can be any individual, media organisation or NGO. We are not choking the access," environment minister Jairam Ramesh said in the Rajya Sabha which passed the bill. The Lok Sabha had cleared it last week.

Though no limit has been fixed for the compensation, the tribunal "may provide relief and compensation to the victims as it may think fit," according to the objects of the bill.

For non-compliance of the order of the tribunal, the bill provides for imprisonment up to three years and fine that may extend to Rs 25 crore in case of companies and Rs 10 crore for individuals.

Heads under which compensation can be claimed include death, disability, damage to property and loss of business or employment.

Victims of incidents such as the Mayapuri radiation leak, which resulted in one death and injury to several others, can get compensation once the provisions are operationalised.

To be headquartered at Bhopal, the site of one of the worst industrial mishaps, the tribunal will have five benches.

Appeals against the judgement of the tribunal can be made before the Supreme Court.

In reply to the debate, Ramesh said the government would take into confidence Leader of Opposition while appointing Chairperson of the tribunal.

He said the green courts will have flexibility to award compensation to the victims of the environmental neglect.

"There is an increase in environment related litigation pending in various courts and other authorities. The risk to human health and environment arising out of hazardous activities has also become a matter of concern," the minister said in the statement of objects and reasons of the bill.

The earlier attempts to set up similar tribunals remained non-starters.
 

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