Section 15 NGT Act 2010: Relief Compensation and Environmental Restitution
Section 15 of the National Green Tribunal Act, 2010 empowers the National Green Tribunal to grant relief and compensation to victims of pollution and other environmental damage, order restitution of damaged property, and direct restitution of the environment.
What is Section 15 of the National Green Tribunal Act?
Section 15 is titled "Relief, compensation and restitution." Unlike Section 14, which principally deals with original jurisdiction over qualifying environmental disputes, Section 15 expressly identifies the remedial powers of the Tribunal in relation to victims, property and the environment.
Section 15(1): Relief compensation and restitution
The Tribunal may, by order, provide relief and compensation to victims of pollution and other environmental damage arising under enactments specified in Schedule I, including accidents occurring while handling hazardous substances. It may also provide for restitution of damaged property and restitution of the environment for such area or areas as it considers fit.
| Remedy | Purpose |
|---|---|
| Relief and compensation | Addresses harm suffered by victims of pollution and other environmental damage arising under the Schedule I enactments. |
| Restitution of property | Addresses property damaged by the environmental event, activity or impact. |
| Restitution of environment | Supports restoration or remediation of the affected environment in the area or areas considered appropriate by the Tribunal. |
Meaning of restitution
In the context of Section 15, restitution is remedial rather than merely punitive. Restitution of property concerns restoration or redress for damaged property, while restitution of the environment concerns measures directed toward restoring or remediating environmental damage. The precise order depends on the facts, evidence, applicable enactments and environmental principles governing the case.
Hazardous substance accidents
Section 15(1)(a) expressly includes an accident occurring while handling a hazardous substance. The expression "hazardous substance" is defined in Section 2 of the NGT Act by reference to the meaning assigned to it in the Public Liability Insurance Act, 1991, subject to the statutory wording of the NGT Act.
Section 15(2): Remedy is additional to Public Liability Insurance Act relief
The relief, compensation and restitution under Section 15(1)(a), (b) and (c) are in addition to relief paid or payable under the Public Liability Insurance Act, 1991.
This prevents the statutory remedy under Section 15 from being treated merely as a substitute for relief available under the Public Liability Insurance Act. Any present claim should, however, be assessed under the current text of both enactments and the facts of the case.
Section 15(3): Limitation period of five years
An application for compensation, relief or restitution of property or environment under Section 15 must be made within five years from the date on which the cause for the compensation or relief first arose.
If sufficient cause prevented filing within that period, the Tribunal may permit filing within a further period not exceeding sixty days.
The limitation period under Section 15 differs from the limitation prescribed for a dispute under Section 14. Applicants should identify the nature of the relief invoked and the date on which the relevant cause first arose rather than assuming that the same limitation period applies to every NGT proceeding.
What is sufficient cause?
The Act does not provide an exhaustive list of circumstances constituting sufficient cause. A party relying on the proviso must satisfy the Tribunal that sufficient cause prevented filing during the prescribed five-year period. The additional period authorised by the proviso cannot exceed sixty days.
Section 15(4): Schedule II heads of compensation
When determining compensation or relief, the Tribunal may have regard to damage to public health, property and environment and divide the amount under the separate heads specified in Schedule II. Schedule II includes the following heads:
| Schedule II head | Type of damage or loss |
|---|---|
| (a) | Death |
| (b) | Permanent, temporary, total or partial disability or other injury or sickness |
| (c) | Loss of wages due to disability |
| (d) | Medical expenses for treatment of injuries or sickness |
| (e) | Damage to private property |
| (f) | Government or local authority expenses for relief, aid and rehabilitation |
| (g) | Government expenses for administrative or legal action and for coping with harm or damage, including environmental degradation and restoration |
| (h) | Loss to Government or local authority connected with the damaging activity |
| (i) | Harm, damage or destruction to fauna, including milch and draught animals and aquatic fauna |
| (j) | Harm, damage or destruction to flora, including aquatic flora, crops, vegetables, trees and orchards |
| (k) | Environmental harm and restoration costs, including pollution of soil, air, water, land and ecosystems |
| (l) | Loss and destruction of property other than private property |
| (m) | Loss of business or employment or both |
| (n) | Other claims arising out of or connected with handling hazardous substances |
Section 15(5): Disclosure of other compensation proceedings
Every claimant seeking compensation or relief under the NGT Act must intimate the Tribunal about an application filed before another court or authority or, as the case may be, compensation or relief received from another court or authority.
This disclosure requirement enables the Tribunal to consider other proceedings and payments when dealing with the claim and helps avoid concealment of overlapping remedies.
Section 15 and liability under Section 17
Section 17 addresses liability to pay relief or compensation where death, injury or damage to property or environment results from an accident or the adverse impact of an activity, operation or process under a Schedule I enactment. Section 15 identifies the Tribunal's remedial powers, while Section 17 is important to determining liability in the circumstances specified there.
Environmental principles relevant to compensation and restoration
Under Section 20, the Tribunal must apply the principles of sustainable development, the precautionary principle and the polluter pays principle while passing an order, decision or award. These statutory principles are particularly relevant when the Tribunal considers environmental compensation, remediation and restoration.
Environmental Relief Fund and Section 24
Section 24 deals with amounts ordered by the Tribunal by way of compensation or relief on the ground of damage to the environment. It provides for remittance to the authority specified under the Public Liability Insurance Act for credit to the Environmental Relief Fund, subject to the statutory framework governing utilisation. Section 15 should therefore be read with Section 24 when an award concerns damage to the environment.
Procedure for claiming relief under Section 15
Section 18 identifies persons who may make an application for relief or compensation or settlement of a dispute. Section 19 governs the Tribunal's procedure and powers. A claimant should also verify the current NGT Practice and Procedure Rules, prescribed forms, filing requirements and official directions.
Section 15 at a glance
| Provision | Rule |
|---|---|
| Section 15(1) | Relief and compensation to victims, restitution of damaged property and restitution of environment. |
| Section 15(2) | Remedies are additional to relief paid or payable under the Public Liability Insurance Act, 1991. |
| Section 15(3) | Five-year filing period, with a further period not exceeding sixty days on sufficient cause. |
| Section 15(4) | Compensation or relief may be divided under the heads in Schedule II. |
| Section 15(5) | Claimant must disclose applications to or compensation or relief received from another court or authority. |
For an actual claim, verify the current NGT Act, the Public Liability Insurance Act, applicable rules, Schedule I legislation, current filing directions and binding judgments before calculating limitation or compensation.