National Green Tribunal Act,

2010
Introduction
The specific goal of UN 2030 is with the agenda for the Sustainable
Development of Environment can be achieved by only setting up the
essential courts and tribunal for its progress Almost 1200 environmental
courts, and tribunals are working in various countries and more courts are
being planned to be established for further improvement.

It has been analysed that if environmental cases are to be concerned, then it

should be according to scientific analysis, which is only possible with the help
of experts and judicial officers. If this is followed, then the judicial system
can become more efficient for resolving the environment matters.

National Green Tribunal was established in 2010 which was under the
National green tribunal act. This act is related to the disposal of civil cases in
relation to environmental protection and also for the conservation of natural
resources. There is an inclusion of legal rights and which are related to the
environment. The National Green Tribunal Act,2010 is enacted under Article
21 of the Indian Constitution, and it explains the right to live in a clean and
healthy environment.

Statement of Objects and Reasons for the

enactment of the Act
1. In recent years, a lot of pressure has been imposed on the natural
sources of the environment due to the expansion of the industries,
transportation and increasing urbanisation and there are pending
cases related to the environment in other courts. So, this reason
includes setting up of National Green Tribunal under the Act.
2. India being a member of the United Nations Conference on Human
Environment called upon to provide a very effective judicial and
administrative proceedings and to redress the liabilities regarding
National laws for the victims in relation to environmental pollution
and damage.
3. The main object is the right to life, and a healthy environment which
is given under Article 21 of the Indian Constitution has been
constructed in the matter of judicial proceedings.
 4. The National Green Tribunal is enacted for the strict liability which
can be imposed after one indulges in environmental damages or
accidents related to hazardous substances.
5. There is setting up of National Green Tribunal Under this Act for
better relief and compensation with regards to the damages to
persons, property and the environment.

Powers of the tribunal

Under section 19 of the act, the Tribunal shall have the power that would be
required to regulate its own procedure.

The powers of the tribunal are as follows:

1. Power to relief by issuing the compensation to the aggrieved person

after analysing the matter in a scientific manner with a properly
researched report.
2. Issuance of the commission for witnessing the documents
3. Reviewing the decision of a particular case
4. It has a power of dismissing the application if it is considered to
have defaulted or its decided to be ex parte.
5. Granting the interim orders are considered as a power to the
tribunal and it can be done after hearing both the parties.
6. Power to give an order regarding the ceasement of a person from
further committing or violating the enactments specified in the
Schedule I.
7. Under section 20, the tribunal has the power to pass any order or
award in relation to the substantial development.
8. Under section 21 of the act, decisions which are taken by the
majority of the members in the tribunal are considered as binding
on the aggrieved parties.

Penalty for failure to comply with the

awards or decisions of a tribunal
Under section 26 of the act, In the matter of failure to comply with the
decision given by the tribunal, the National green tribunal follows a method
of deterrent punishment.
The provisions laid down for the punishment are as follows:

1. Imprisonment extended up to three years

2. Fine which may extend up to ten crore rupees
3. Or with both imprisonment and the fine
4. In case if the contravention is still followed every day, the amount
of twenty-five thousand rupees will be charged every day.

Case laws pertaining to various issues

1. Braj Foundation v Govt. of UP
This case was put forth by Braj foundation in which it was given that the
government should make the memorandum of understanding for the
forestation of Vrindavan. It was given by the government that the
advertisement which was issued was just an invitation to treat but it cannot
be regarded as a contract. But the tribunal gave guidelines to the
government that it is the duty of it to promote afforestation. One of the
significant aim was to create a 100-meter long belt on both the sides of braj
parikrama.

2. Jeet Singh Kanwar v Union of India

In this case, the petitioners challenge the environment clearance, which was
ordered for installing the coal-fired power plant. In the end, it was observed
that if that environmental clearance is not resulting in excess environmental
degradation then the project involved can be continued. But further, the
tribunal gave the award regarding the illegality of the environment clearance
due to consequences.

3. Vardaman Kaushik v Union of India

The court observed the problem of a growing population in Delhi and ordered
to set up an action plan and directed that the vehicles which are 10 years old
are prohibited and the burning plastic is prohibited.

For the implementation of various tracks were constructed for cycles and
forces were set up to keep a check up vehicles and fine of Rs. 1000 was kept
on cars parked on metallic sand tracks and it was offered that multi-level
parking is constructed in appropriate areas.

Conclusion
It is justifiable that National green tribunal is of great importance when it
comes to cases in relation to board environmental problems. It is a tool for
sharing and enhancing more substantial development of the environment.
The great need to know about conflict includes when the matters related to
water, air, land etc. has emerged on which various judgements are to be
given.

But it is an advantage that due to national green tribunals, lawyers are

encouraged to specialize in environmental law and the tribunal is therefore
considered as an important aspect to provide justice in the matters related to
the environment. A time is awaited when our environment will be given most
importance through the medium of law pertaining to it.

Public Liability Insurance Act,

1991
Introduction
The 1991 Public Liability Law regulates mandatory liability insurance. Under
the law, companies must commit to installing and handling hazardous
materials that have been reported under the Environmental Protection Act,
1986. It is basically a part of tort law, which focuses on the misconduct of
civil law. The applicant (the injured party) usually sues the accused (owner
or convict) according to general law due to negligence and/or damage.
Claims are generally successful if it can be proven that the owner/occupant is
responsible for the injury and therefore violating his maintenance obligations.

Once a due diligence violation has been identified, a lawsuit in a court may
succeed. The court will provide financial compensation based on the
applicant’s injury and loss. As the rate of such dangerous industries grow it is
a threat not only to the employees or the workers but also the people near.

Basics about the Law

The Public Liability Insurance Act of 1991 deals with hazardous substances;
each owner must conclude one or more contracts which include the
obligation to provide direct compensation. It should be provided to all those
who have suffered damages that should be given to the property of the
deceased legal heir in the event of their death.

The 1991 Public Liability Act was ordained to provide direct assistance to
people affected by accidents related to handling hazardous materials and
other coerced and related matters. Coverage insurance is claimed when
someone is injured at the place of business. Places like shopping centres,
night clubs, and theatres need this type of insurance to protect themselves.

The Public Liability Insurance Act 1991 applies to all owners associated with
the production or handling of any hazardous chemicals, to provide immediate
relief to victims and persons (other than workmen) affected by accidents
occurring while handling hazardous substances through the insurance
amount paid by the owner of the hazardous substance. Coverage insurance
covers claims by community members who have suffered injury or property
damage in connection with the business. Coverage insurance covers a person
or company in the event of an accident at their company.

A major reason for the enactment of this

law

Bhopal Gas Tragedy

Union Carbide Corporation vs Union Of India Etc on 4 May

1989
It is also known as the Bhopal disaster, in which thousands of people lost
their lives. This is considered the worst industrial disaster in the world that
happened on a cold winter night in the early hours of December 3, 1984.
Around midnight, a chemical reaction began at the Union Carbide (India)
Limited plant, which resulted in the release of a deadly gas methyl
isocyanate (MIC) from one of the tanks. As a result, the gas cloud gradually
tumbled enveloping the city within its deadly folds. Both the city and the lake
had become a gas chamber. Nearly 3,000 people died in the tragedy, and
thousand more were physically injured and affected in various forms.

Wildlife was killed, injured, and contaminated. The business was totally cut
off. People’s lives were affected. The environment was polluted disturbed
ecology and wildlife. An estimated 40 tons of methyl isocyanate (MIC) gas
leaked from the Union Carbide Factory. Lessons learned from the Bhopal gas
tragedy were quickly forgotten.

The Public Liability Insurance Act 1991 came into force after the tragedy and
aims to provide immediate assistance to victims of accidents involving
hazardous industries. However, activists argue that legal provisions are not
enforced by collectors appointed as law enforcement agencies. According
to Section 4 of the law, owners of companies that use hazardous substances
take out insurance policies to cover liabilities from accidents that cause
death, injury, or injury. In addition, Section 7 A, i) and (ii) regulate the
establishment of a central government environmental promotion fund to be
used in accordance with the law to pay assistance to accident victims in
dangerous companies. The law also regulates business owners to take
insurance policies that cover obligations not less than the paid-up capital of
the business and not more than Rs 50 crore. In Bhopal leak gas case MIC
leaked from the plant of union carbide India Ltd, which caused the death of
3000 persons and serious injuries to a large number of people.

Objectives of the Public Liability Insurance

Act
This law provides liability insurance for the purpose of immediate assistance
to those affected by the accident. While handling hazardous substances and
related matters that can cause an error. Legal consequences are produced by
law because it is not an adequate Announcement of the provisions of Section
3 of the law.

The growth of dangerous industries affects everyone either directly or

indirectly. Such accidents result in death and injury to people and other living
things and damage personal and public property. Very often, most of those
affected come from economically weaker regions and suffer great hardship
due to late release and compensation. While employees of hazardous
facilities are protected the community is not guaranteed assistance, except
through lengthy legal procedures. Industrial facilities are rarely willing to
easily compensate victims of accidents, and the only way now available to
victims is to bring prolonged litigation to court. Some units may not have the
funds to provide the slightest assistance.

Penalties

Penalty for contravention of subsection (1) or

sub-section (2) of section 4 or failure to comply
with directions under section 12
1. Anyone who violates any of the provisions of Section 4 (1) [1 or
section 2 or Section 2A Section 2C] or violates instructions issued in
accordance with Section 12, will be punished with deprivation of
liberty for a period of time which may not be less than one year and
six months, but until it may take six years or a fine that may not be
less than one rupee or both.
 2. Anyone who has been convicted of an offence under section 1, after
the second offence has been convicted of a second offence or
another offence, will be sentenced to a prison sentence of at least
two years, which in any case can last up to seven years and with a
fine of not less than a lacquer rupee.
3. Nothing listed in Part 360 of the 1973 Criminal Procedure Code (2 of
1974) or the 1958 Criminal Law (20 of 1958) does not apply to
someone convicted of a violation under this Act unless the person is
under the age 18 years.

Conclusion
This study on public liability insurance act shows that it has been enacted
after section 13 of the Rio Declaration on the Environment, 1992 A need to
enact this law was felt after the Bhopal Gas Tragedy. This Social
Responsibility Law regulates the authority to request information, entry,
inspection, search, and seizure. Owners of hazardous facilities try to provide
information that is authorized by the central government that inspectors
naturally need to establish requirements to make requirements, rules, or
instructions in accordance with this Law.

Section 12 of the Liability Insurance Act 1991 endorses the central

government to give written instructions to any owner, employee, or agent.
Instructions also include restrictions or regulations on handling hazardous
substances. It can also control the power supply or shutdown.