Access to Information as Ruled by the Indian Environmental Tribunal: Save Mon Region Federation v. Union of India

• DOI: http://doi.org/10.1111/reel.12028
• Published date: 01 July 2013
• Author: Shibani Ghosh
• Date: 01 July 2013

Case Note

Access to Information as Ruled by the Indian

Environmental Tribunal: Save Mon Region

Federation v. Union of India

Shibani Ghosh

On 14 March 2013, the National Green Tribunal of

India passed an order in an ongoing statutory appeal

against the environmental approval granted to a

hydropower project. The order related to the prelimi-

nary issue of condoning a delay in the filing of the

appeal. The Tribunal attributed a significant part of

the delay to the nondisclosure of complete information

regarding the approval. The delay in filing was con-

doned as concerned authorities had not complied with

the relevant environmental regulations. Although the

order did not address the merits of the case, it is of

great significance for the Indian environmental justice

system since it grapples with one of the key hurdles in

the regime – poor access to information – and thus has

the potential to transform the environmental regula-

tory space by making it more transparent. Environ-

mental decision-making processes, particularly in the

developing countries, are often opaque and inacces-

sible. India’s experience in striving to improve its pro-

cesses may thus provide useful lessons for other

jurisdictions.

INTRODUCTION

The National Green Tribunal in India was set up under

the National Green Tribunal Act of 2010 (NGT Act) as a

specialized judicial body for ‘effective and expeditious

disposal of cases relating to environmental protec-

tion and conservation of forests and other natural

resources’.1Its jurisdiction extends to civil cases involv-

ing a ‘substantial question relating to the environ-

ment’,2with regard to the environmental laws listed in

the Schedule to the NGT Act.3

The NGT is comprised of judicial and expert members,

and headed by a retired judge of the Supreme Court.4It

enjoys all the powers of a civil court and yet has a fair

degree of flexibility in its functioning as it is not

required to strictly follow all procedural laws.5Cases

that fall within the NGT’s jurisdiction cannot be

heard by any other civil court,6making it perhaps the

most important forum for environmental adjudication

in the country.

In the two years since it has been constituted, the NGT

has heard cases on a wide range of issues – environ-

mental approvals granted to power projects and indus-

tries, air, water and noise pollution, solid waste and

biomedical waste management, encroachment on river

beds, reduction in tree cover and so on. Without doubt,

it has played a significant part in bringing environmen-

tal matters to the forefront of public discourse. It is too

early to assess the NGT’s overall impact on Indian envi-

ronmental regulation and jurisprudence. Nevertheless,

orders such as the Save Mon Region Federation7order

discussed in this note are hopeful indicators that

the NGT can potentially transform environmental

decision-making processes by making them more

transparent and by increasing the accountability of the

actors involved.

THE SAVE MON REGION

FEDERATION CASE

On 19 April 2012, the Ministry of Environment and

Forests (MoEF) of the Indian Government granted an

environmental approval to the 780 MW Nyamjang

Chhu hydro-power project in the Tawang district of

1The National Green Tribunal Act, 2010 (‘NGT Act’), preamble, found

at: <http://www.moef.nic.in/downloads/public-information/NGT-fin.

pdf>.

2NGT Act, n. 1 above, Section 14(1), read with Section 2(m).

3The Schedule includes legislation on general environmental protec-

tion, air and water pollution, forest conservation and biodiversity.

Orders issued under these legislations can be appealed against

before the NGT under its appellate jurisdiction. See NGT Act, n. 1

above, Section 16.

4Information about the NGT, as well as its orders and judgments, can

be found at: <http://www.greentribunal.in/>.

5NGT Act, n. 1 above, Sections 19(1), 19(3) and 19(4).

6Ibid., Section 29.

7Save Mon Region Federation & Another v. Union of India & Others,

Order of the National Green Tribunal, MA No. 104 of 2012 in Appeal

No. 39 of 2012, 14 March 2013, found at: <http://www.greentribunal.

in/judgment/104-2012(MA)_14Mar2013_final_order.pdf>(‘Save Mon

Region Federation’).

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Review of European Community & International Environmental Law

RECIEL 22 (2) 2013. ISSN 0962-8797

© 2013 John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.

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