GS 3: Environment & EcologyGS 2: PolityGS 2: Governance

2020-25: In 4 of 5 appeals, green watchdog NGT rules in favour of developers to clear projects, Pg1

NGT shows pro-industry tilt, favouring developers in 80% of cases related to environmental clearances between 2020-25, raising concerns.

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Key Highlights:

  • Between 2020-2025, the National Green Tribunal (NGT) favored project developers in 4 out of 5 cases related to environmental and forest clearances (EC/FC).
  • Of 329 appeals against government-granted clearances, the NGT ruled in favor of the appellant in only 20% (65 cases).
  • Conversely, the NGT granted relief in nearly 80% (126 of 160) of cases where project proponents appealed against the denial of clearances.
  • This trend marks a significant shift from 2016-2019, when relief for both sides in such cases hovered between 18% and 31%.

Detailed Insights:

  • The NGT, established in 2010, serves as the primary appellate authority for those aggrieved by orders from the Ministry of Environment, Forest and Climate Change (MoEFCC).
  • A significant portion of unsuccessful citizen appeals during 2020-2025 were dismissed on technical grounds, labeled "time-barred" for delays exceeding 90 days in filing.
  • Critics argue that the NGT's process has become challenging for public grievances, with many appeals not judged on merit due to the 90-day appeal deadline.
  • Environmental lawyer Ritwik Dutta highlighted that adverse NGT rulings often mark the end of the road for many, as prolonged litigation in higher courts acts as a strong deterrent.
  • Projects such as Adani Petronet (Dahej) Port, Vedanta, and Jindal Power were among those where the NGT did not grant relief to those challenging clearances.

Key Concepts Involved:

  • National Green Tribunal (NGT): A specialized body established in 2010 to handle environmental disputes and promote environmental justice.
  • Environmental Clearance (EC): A multi-stage process ensuring environmental impacts of projects are assessed before implementation.
  • Forest Clearance (FC): Permission required under the Forest Conservation Act, 1980, for diverting forest land for non-forest purposes.
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