Read detailed legal questions and professional answers provided by experienced NGT lawyers to help users understand environmental laws, pollution control regulations, legal remedies, and National Green Tribunal procedures.
Question:
Can NGT stop illegal activity?
Answer:
Yes, NGT can pass directions to stop illegal environmental activity when the activity causes pollution, ecological damage, or violation of environmental law. Illegal activity may include illegal sand mining, unauthorized construction on floodplains, tree cutting without permission, dumping of solid waste, discharge of untreated sewage, running an industry without consent, groundwater extraction without permission, wetland filling, hazardous waste dumping, or operation of a project without required environmental clearance.
NGT generally looks at whether the activity affects the environment and whether any authority failed to prevent it. If a private violator is causing environmental damage, NGT may direct the concerned authorities to stop the activity, inspect the site, seize machinery, submit a report, recover environmental compensation, or take prosecution action where permitted by law. If the authority itself has failed to act, NGT may direct the authority to perform its statutory duty.
The applicant should frame the issue clearly. For example: “Whether illegal sand mining in the riverbed is causing damage to river ecology and whether the District Magistrate, Mining Department and Police failed to prevent the illegal activity.” This style helps NGT understand the environmental question and the authority failure.
Under Section 14 of the NGT Act, the Tribunal can hear civil cases involving substantial environmental questions and pass orders on such disputes. Therefore, stopping illegal activity is possible when the case properly falls within NGT jurisdiction.