NGT Chairperson Justice A.K. Goel To Retire On Thursday: A Look Back At Key NGT Initiatives, Decisions Under His Tenure

Justice A.K. Goel, who served as the Chief Justice of the Gauhati and Orissa High Court, was elevated to the position of a Judge in the Supreme Court in 2014. Thereafter, he assumed the role of Chairperson of the National Green Tribunal (NGT) on July 6, 2018. As he concludes his tenure, Justice A.K. Goel is scheduled to retire tomorrow.

The NGT has played a pivotal role in upholding the fundamental rights of citizens by diligently safeguarding the environment. Through the application of key principles such as the "polluter pays" principle, environmental impact assessment, and the compensation of victims affected by hazardous activities, the NGT has consistently strived to ensure a safe and sustainable environment for all. Furthermore, the tribunal has actively issued directives to authorities, thereby playing a crucial role in the prevention and mitigation of pollution, and ultimately creating a conducive living environment for everyone.

During Justice A.K.Goel's tenure, the NGT witnessed numerous significant developments and initiatives. Under his leadership, the NGT made notable strides in safeguarding the environment and upholding environmental justice. Some of the key developments and initiatives during his tenure include:

Disposal Of Cases

In the last five years, the Tribunal received 15132 new cases and disposed of 16042 cases.“Out of 16042, chairperson bench disposed of 8419 cases,” states the official report.

Administrative Initiatives

According to NGT, During a considerable period, the tribunal faced the challenge of vacant benches, awaiting the selection and appointment of members. In response to this situation, even before the onset of the COVID-19 pandemic, the NGT proactively leveraged video conferencing technology to address cases pending before these unmanned benches.

Special Initiative For Disposal Of Five Year Old

A special drive was undertaken to address cases that were more than five years old. These cases were assigned to a Special Bench, presided over by the Chairperson, and conducted via video conferencing (VC), resulting in their timely disposal. As a result of these efforts, it is likely that there are very few, if any, pending cases in the NGT that exceed a duration of five years.

Suo motu interventions for compensation and protection of environment in cases of fatal accidents involving violation of environment safety norms

In a suo moto cognizance taken by NGT, it ordered compensation of 20 lakhs to each of the heirs of three deceased persons, including two 15-year-old children, and 5 lakhs to the injured who were engaged in illegal mining activities on the Balason river bed in Siliguri,West Bengal.

Two children, along with a 20-year-old person, were crushed to death while illegally loading sand onto a truck in the Balason river bed in Siliguri on promise to pay 350 rupees each per truck.

In Gujarat Pharma explosion case, NGT had awarded compensation of ten lakhs rupees to the victims of the incident.The bench rejected the argument that the NGT is barred from granting compensation to the workmen under Section 17 of the NGT Act, 2010, on the basis that they are eligible for compensation under the Workmen Compensation Act, 1923.A compensation amount of ten lakh were already disbursed so the tribunal ordered an amount of further ten lakh.

In Ludhiana Gas Leak Tragedy,the Tribunal had constituted the eight member fact-finding joint Committee to be headed by Chairman, Punjab State PCB in the Ludhiana gas leak case.It had also directed the District Magistrate of Ludhiana to pay compensation of Rs. 20 lakhs each to the heirs of 11 deceased in the tragedy.

In the Bastar Limestone Collapse case,the Tribunal directed the District Magistrate of Bastar to disburse Rs. 16 lakhs to the heirs of each of the deceased who died in the Bastar Limestone collapse in 2022, in addition to Rs. 4 lakhs which have already been paid.The Tribunal has also directed that Rs. 2 lakhs each be paid to the injured within one month.

Monitoring Gaps In Solid And Liquid Waste Management In States and UTs Under The Direction Of Supreme Court

One of the major interventions in respect of monitoring gaps in solid and liquid waste management, following the direction of the Apex Court, involved three rounds of interaction with the Chief Secretaries of all the States and UTs.

Based on the data furnished by the Chief Secretaries, compensation of Rs. 79,234.36 crores was determined for the damage to the environment caused by acknowledged gaps in waste management discharge. This includes 26,000 MLD (liquid waste), 56,000 TPD (solid waste), and 18 crore tonnes of legacy waste. This amount was required to be kept in a ring-fenced account for restoration measures as per the action plans overseen by the Chief Secretaries and further considered in the report by the NGT.

Some Key Interventions Against Illegal Mining

A fact-finding committee was constituted by NGT to collect factual information and submit an action taken report on alleged illegal mining on the Yamuna river bank in Sonipat district, Haryana.

The Tribunal had directed the District Magistrates of Prayagraj and Kaushambi districts in Uttar Pradesh to take action against the alleged illegal mining in the riverbed of Yamuna.

Significant Directions Of NGT For Environmental Safeguards

The principal bench has recently constituted a five-member joint committee headed by the Secretary of the Ministry of Health to develop Standard Operating Procedures (SOP) aimed at reducing pollution in and around all government district hospitals or hospitals larger than district hospitals, including medical colleges.

To address issues outside the AIIMS campus, such as traffic congestion control and removal of encroachments, the Tribunal constituted an eight-member joint Committee comprising Traffic Police, NDMC, PWD, DDA, Delhi Police, AIIMS, CPCB, and DPCC. The committee's objective is to prepare an action plan based on the recommendations of the joint Committee and ensure its timely execution through monitoring.

“Ambient air quality in and around the campus be monitored and as and when it exceeds the laid down parameters within 500 meters of the boundaries of AIIMS, regulatory measures be taken in the light of Graded Response Action Plan(GRAP),” directed NGT.

The action plan is directed to be prepared preferably by July 31, 2023.

The Principal Bench of the NGT constituted an Oversight Committee to look into the issue of encroachments and demarcation of land in the Delhi Ridge area which is declared as a reserved forest by the Lt. Governor of Govt. of NCT of Delhi in 1994.

The directions came after the NGT was dealing with pending cases highlighting the concern of illegal encroachments on the southern ridge causing forest degradation and ecology of the Ridge.

The NGT issued directions for the implementation of E-Waste (Management) Rules, 2016 after observing that there were huge gaps in the compliance by the State Pollution Control Boards and local authorities, breaching their obligation of ensuring pollution free environment.

The Tribunal came down heavily on State PCBs after noting that the higher authorities were not adequately concerned about the plight of citizens resulting in serious health issues. The Tribunal also observed that environmental crimes are as serious crimes as cases of assaults.

The Tribunal had directed a joint committee to take remedial measures and execute an action plan to ensure proper utilization of water that is wasted during the construction of Metro Rail in Delhi, Jaipur, and Mumbai.

An application was filed raising concerns about the wastage of water caused by the discharge during the construction of Metro Rail in Delhi, Jaipur, and Mumbai.

In case of illegal felling of 6000 trees in Corbett Reserve, NGT directed the MoEF & CC to file an action taken report.The Tribunal was hearing a suo moto matter based on a media report which stated that 6000 trees had been illegally cut in the Kalagarh Tiger Reserve Division of Uttarakhand's Corbett Tiger Reserve.

In October 2022, the matter was considered in light of the report of DG FSI titled 'Illegal Felling of Trees for the Establishment of Pakhrau Tiger Safari, Uttarakhand'. Other documents were produced during the hearing by DG FSI and PCCF (HoFF), Uttarakhand, which showed that there was illegality in the cutting of trees.

After considering the material on record, the Tribunal said that it is difficult to accept the stand of the Principal Secretary of Uttarakhand, who claimed that constructions do not require approval from the Central Government.

“MoEF&CC has to finalize its own perception in the matter and to file a report which has not been done”, the Tribunal noted.

Accordingly,the Tribunal directed the Secretary, MoEF&CC to file his action taken report in the matter.

The tenure of Justice A.K Goel was marked by a proactive approach towards environmental protection. However, the NGT faced criticism from the Supreme Court on a few occasions.

The list of directions and initiatives provided is not exhaustive, and it is worth noting that the NGT has recently released a comprehensive overview of its performance, offering a valuable "bird's eye view." This insightful report can be accessed directly on the official NGT website, demonstrating the transparency and accessibility of information pertaining to the tribunal's activities.