Tribunals

Original Application under Sections 14 and 15 of the NGT Act, 2010

An Original Application is the primary pleading to initiate a claim before the National Green Tribunal (NGT) for a substantial question relating to the environment. It seeks relief such as compensation for victims, restitution of damaged property or the environment, or directions to regulatory authorities to enforce environmental compliance.

This application is filed under Sections 14 and 15 of the National Green Tribunal Act, 2010, in the prescribed Form I of the NGT (Practices and Procedures) Rules, 2011. It is instituted before the appropriate Zonal Bench of the Tribunal having territorial jurisdiction over the cause of action.

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Governing law
NGT Act, 2010 ss.14, 15; NGT (Practices and Procedures) Rules, 2011 r.4 & Form I; Environment (Protection) Act, 1986; Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; EIA Notification, 2006
Sections
s. 14s. 15
Filed before
National Green Tribunal

When this is the right filing

  • To claim compensation from a project proponent or polluter for environmental damage under Section 15 of the NGT Act.
  • To seek restitution of damaged property or restoration of the environment.
  • To obtain directions from the Tribunal to a State Pollution Control Board, MoEF&CC, or other authority to enforce statutory compliance.
  • When the cause of action arises from the implementation of an enactment listed in Schedule I to the NGT Act, such as the Water Act, Air Act, Environment (Protection) Act, or EIA Notification, 2006.
  • Do not use this application for an appeal against an order or decision of a regulatory authority; a separate statutory appeal is the appropriate remedy.

What the court looks for

  • A clear pleading that the application raises a 'substantial question relating to the environment' as required by Section 14(1).
  • Identification of the specific Schedule I enactment whose implementation gives rise to the dispute.
  • A declaration on limitation stating the application is filed within six months of the cause of action, or a specific plea for condonation of delay within the further 60-day period.
  • A chronological statement of facts detailing the environmental harm, the location, the respondents' acts or omissions, and the resulting impact.
  • The locus standi of the applicant, demonstrating how they have sustained or are likely to sustain injury from the alleged violation.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Particulars of the parties
  2. 2Jurisdiction
  3. 3Limitation
  4. 4Facts of the case
  5. 5Grounds
  6. 6Relief(s) sought
  7. 7Verifying affidavit

Frequently asked questions

Who can file an Original Application before the NGT?

Any person who has sustained or is likely to sustain injury from an environmental violation can file. This includes individuals, non-governmental organizations, affected communities, and the State government.

What is the limitation period for filing this application?

The application must be filed within six months from the date on which the cause of action first arose. The Tribunal may allow a further period of 60 days if it is satisfied that the applicant was prevented by sufficient cause from filing within the initial six months.

Who should be named as respondents in the application?

The primary respondent is the project proponent or polluter responsible for the harm. Regulatory authorities such as the State Pollution Control Board, the Ministry of Environment, Forest and Climate Change (MoEF&CC), or the Central Pollution Control Board are also typically impleaded for the enforcement of their statutory duties.

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