Filing a case in the National Green Tribunal (NGT) involves a specific procedure. The NGT is a specialized judicial body in India established under the National Green Tribunal Act, 2010, to handle cases related to environmental protection and conservation. Here’s a step-by-step guide on how to file a case in the NGT:
- Identify the Jurisdiction:
The NGT has regional benches located in different parts of the country. You need to determine which bench has jurisdiction over the area where the environmental issue has occurred. The principal bench is located in New Delhi, and there are additional benches in various states. - Prepare the Petition:
Draft a petition that outlines the details of the case. Include relevant information such as the name and address of the petitioner (the person filing the case), respondents (parties against whom the case is filed), a concise statement of facts, the relief sought, and any supporting documents or evidence. - Formulation of Cause of Action:
Clearly articulate the cause of action, i.e., the legal basis for filing the case. This could be a violation of environmental laws, damage to the environment, or any other issue falling within the NGT’s jurisdiction. - Required Documents:
Compile all the necessary documents that support your case, such as photographs, maps, expert opinions, reports, relevant laws, and any other relevant evidence. Make sure to organize and label them appropriately. - Payment of Fee:
Pay the prescribed fee for filing the case. The fee amount varies depending on the nature of the case and relief sought. Refer to the NGT’s website or contact the respective bench for the fee details. - Affidavit and Verification:
Prepare an affidavit stating that the facts mentioned in the petition are true to the best of your knowledge. Sign and get the affidavit notarized. This affidavit needs to be annexed with the petition. - Filing the Petition:
Submit the petition along with all the supporting documents and the affidavit at the registry of the relevant NGT bench. Make sure to keep copies of the petition, documents, and fee receipt for your records. - Acknowledgment and Notice:
After receiving the petition, the NGT registry will issue an acknowledgment containing the case number and the date of filing. The registry will then serve notice to the respondents, informing them about the case and the date of the first hearing. - Representation and Legal Assistance:
If you wish to be represented by a lawyer, engage a qualified advocate who specializes in environmental law. Legal assistance can help in preparing and presenting your case effectively. - Proceedings and Hearing:
Attend the scheduled hearings and present your case before the NGT bench. You may need to present arguments, call witnesses, or submit additional documents as directed by the bench. The NGT follows its own procedure for conducting the proceedings, similar to a court of law. - Final Judgment:
After hearing the arguments and examining the evidence, the NGT bench will pronounce its judgment. The judgment may include directions, orders, or penalties, depending on the merits of the case.
It’s important to note that the process and requirements may vary slightly between different NGT benches. Therefore, it is advisable to consult the NGT’s official website or contact the registry of the relevant bench to obtain accurate and up-to-date information specific to your case.