Can NGT Order Restoration?

Answer:

Yes, NGT can order restoration of damaged environment. Restoration means bringing the affected area back to a legally and environmentally acceptable condition. This may include cleaning a polluted river stretch, removing garbage, restoring a pond, repairing riverbank damage, reclaiming a wetland, removing construction debris, planting trees, treating contaminated soil, stopping sewage discharge, or directing scientific remediation of a damaged site.

Restoration is one of the most important remedies in NGT matters because environmental damage often affects public resources. A polluter may pay compensation, but the area also needs repair. For example, if illegal mining damages a riverbed, NGT may order inspection, compensation, demarcation, removal of machinery, and restoration of the riverbank. If a municipal body dumps garbage on public land, NGT may order waste removal, biomining, leachate control, and future compliance. If a pond is encroached or filled, NGT may order demarcation and revival.

The applicant should specifically ask for restoration in the prayer clause. It is useful to request a joint committee to inspect the site and prepare a restoration plan. The plan may include timelines, responsible departments, cost estimate, and monitoring mechanism.

Section 15 of the NGT Act deals with relief, compensation and restitution, including restitution of the environment for affected areas. That is why restoration is a core relief in environmental litigation before NGT.