How to File a Complaint Before the National Green Tribunal in India

Kaustav Chowdhury
Jun 29
5 min read

Updated: Jul 5

The National Green Tribunal (NGT) is a specialized judicial body established under the National Green Tribunal Act, 2010, to handle cases involving environmental protection, conservation of forests, and disputes relating to environmental laws. Filing a complaint before the NGT is considerably simpler and less expensive than approaching a regular civil court, and no advocate is required to represent you. This guide explains who can file, the jurisdiction of the NGT, the step-by-step filing process, limitation periods, fees, and the types of relief available.

Structure and Jurisdiction of the NGT

The NGT has its Principal Bench in New Delhi and zonal benches in Bhopal, Pune, Kolkata, and Chennai. The bench to which your case is assigned depends on the geographical location of the environmental issue. The Tribunal exercises jurisdiction over matters relating to the following seven statutes listed in Schedule I of the National Green Tribunal Act, 2010: the Water (Prevention and Control of Pollution) Act, 1974; the Water (Prevention and Control of Pollution) Cess Act, 1977; the Forest (Conservation) Act, 1980; the Air (Prevention and Control of Pollution) Act, 1981; the Environment (Protection) Act, 1986; the Public Liability Insurance Act, 1991; and the Biological Diversity Act, 2002. Understanding the environmental impact assessment framework in India provides helpful context for understanding what constitutes an actionable environmental violation.

Who Can File a Complaint

The NGT has a broad locus standi rule. Any person aggrieved by an environmental violation can file an application. This includes individuals, resident welfare associations, non-governmental organizations, and community groups. Unlike many other tribunals, the NGT also permits applications filed on behalf of the public interest, meaning you do not need to demonstrate personal injury to bring a case. This makes the NGT an accessible forum for addressing environmental concerns affecting a community or a region. No advocate is required; individuals can appear and argue in person, though legal representation is advisable for complex matters.

Types of Applications Before the NGT

Section 14 of the NGT Act covers disputes relating to enforcement of environmental obligations. This includes challenging environmental clearances, seeking closure of polluting industries, addressing illegal waste dumping, and stopping unauthorized construction in ecologically sensitive areas. Section 15 covers claims for compensation and relief for environmental damage, including damage to property, health, or the environment caused by industrial activities, hazardous waste, or pollutants. Section 16 governs appeals against orders of government authorities made under the environmental statutes listed above.

Limitation Period for Filing

For applications under Section 14 (environmental disputes), the limitation period is six months from the date on which the cause of action first arose. The Tribunal has discretionary power to condone the delay for a further period not exceeding 60 days if satisfied that the applicant was prevented by sufficient cause from filing within the initial six-month window. Beyond this extended period (six months plus 60 days), the NGT has no power to entertain the application.

For compensation claims under Section 15, the limitation period is five years from the date on which the cause of action arose, with the same 60-day condonation power. Appeals under Section 16 must be filed within 30 days of communication of the impugned order. Appeals from NGT orders to the Supreme Court must be filed within 90 days under Section 22 of the Act.

Step-by-Step Filing Process

Step 1: Determine the correct bench. The Principal Bench in Delhi has jurisdiction over matters arising in Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Ladakh, Punjab, Rajasthan, and Uttar Pradesh. The zonal benches cover their respective regions. If unsure, file with the Principal Bench; the Tribunal will transfer the case if needed.

Step 2: Prepare the application. The application should clearly state the environmental violation, the specific laws being violated, the relief sought, and the facts supporting the claim. Attach all supporting evidence: photographs, videos, official reports, correspondence with authorities, scientific studies, and any orders or clearances being challenged. The format follows the NGT's Practice Directions, available on the Tribunal's website.

Step 3: File the application online through the NGT's e-filing portal (ngtonline.nic.in). Register as an individual, advocate, institution, or government entity. Upload the application along with supporting documents. Alternatively, you can file a physical copy at the filing counter of the relevant bench.

Step 4: Pay the court fee. For original applications where no compensation is claimed, the fee is Rs 1,000. For appeals, the fee is Rs 500. Where compensation is claimed, the fee is 1% of the compensation amount claimed. Payment can be made through the e-filing portal.

Step 5: Once the application is accepted, the Tribunal will list it for hearing and issue notice to the respondents (typically the polluting entity and the relevant State Pollution Control Board or Central Pollution Control Board). The NGT is mandated to dispose of applications within six months of filing.

Relief Available from the NGT

The NGT has wide powers to grant relief. It can award compensation for environmental damage to individuals, communities, or the environment itself. It can direct restoration and restitution of the damaged environment. It can issue injunctions to stop polluting activities or halt construction that violates environmental norms. The Tribunal can impose penalties for non-compliance with its orders. Importantly, the NGT applies the "polluter pays" and "precautionary" principles, meaning the burden of proof often shifts to the polluter to demonstrate compliance. The Delhi High Court's approach to quashing cases where authorities overstepped illustrates the judiciary's willingness to check governmental excess, a principle the NGT also applies when reviewing environmental clearances.

Practical Tips for an Effective Complaint

Document the environmental violation thoroughly before filing. Photographs and videos with timestamps and GPS coordinates are powerful evidence. If possible, obtain water or air quality test reports from an accredited laboratory. Send a written complaint to the State Pollution Control Board before approaching the NGT, as this creates a paper trail showing that authorities failed to act. The NGT takes a dim view of statutory authorities that sit on complaints without acting. Additionally, forming and registering a residents' welfare association can provide a stronger institutional platform for pursuing environmental complaints collectively.

Key Takeaways

The NGT, established under the National Green Tribunal Act, 2010, handles environmental disputes, compensation claims, and appeals against government orders under six key environmental statutes.

Any person aggrieved by an environmental violation can file, including on behalf of the public interest; no advocate is required.

The limitation period is six months from the cause of action under Section 14 (with up to 60 days' condonation) and five years under Section 15 for compensation claims. Appeals to the Supreme Court must be filed within 90 days.

Filing fees are nominal: Rs 1,000 for original applications (no compensation claimed) and Rs 500 for appeals; 1% of the amount claimed where compensation is sought.

File via the e-filing portal (ngtonline.nic.in) or physically at the Principal Bench in Delhi or zonal benches in Bhopal, Pune, Kolkata, and Chennai. The NGT can award compensation, order environmental restoration, impose penalties, and issue injunctions.