ANNOUNCEMENTS
Right to a wholesome environment is a fundamental right enshrined in Constitution of India. But the question here arises is that, is it possible to protect the environment in the present time when almost all the countries in the South-East Asia are still at the developing stage? Because development can come through industrialization and industrialization is among the one of the major factor behind the degradation of environment. So to overcome this issue the experts worldwide came with the doctrine called ‘Sustainable Development’. Which means there should must be a balance between development and ecology. Because at the present scenario we have to sustain the environment too along with using the resources from it.
There is also a need for the environmental legislation to protect the environment from degrading and ill practices against it. Earlier the environmental matters were dealt with the help of Supreme Court, High Court and Civil Courts. But High Courts and Civil courts were already too busy in handling criminal and civil matters. High courts rarely dealt with the matters related to environment. Also environment is a matter which along with the judges needs some experts in deciding the matters against it.
This lead to the formation of NGT under the NGT Act 2010. The quasi-judicial body consists of persons from legal field as well as from science field as its members to decide the matters brought up infront of it. The tribunal strictly follows three principles namely ‘Polluter Pays Principle, Precautionary Principle and Principle of Sustainable Development’ for delivering its judgments. This dissertation focuses upon finding about how does the tribunal uses the power of suo motu with reference to polluter pays principle and how does it implement it.
