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This chapter focuses on judicial remedies and procedures under environmental law in India. Frequently, for lack of staff, money, capacity, or will, administrative agencies created under environmental statutes fail to implement the laws under which they operate, and ecological degradation continues unabated. In this event, the citizen has a choice of three civil remedies to obtain redress: (1) an original application or appeal to the National Green Tribunal (NGT) under the National Green Tribunal Act of 2010; (2) a writ petition to compel the agency to enforce the law and to recover clean up or remedial costs from the violator; or (3) a common law tort action against the polluter. Among the civil remedies, the NGT is now the most popular. In addition, if the pollution amounts to a ‘public nuisance’, a remedy under the Criminal Procedure Code of 1973 is also available. |
