Best NGT Lawyer in Delhi NCR | Advocate BK Singh

Delhi NCR will always see some mix of high-density habitation along with transportation infrastructure, construction activity, industrial operations, waste-management projects and large-scale commercial development. Environmental disputes thus inevitably involve multiple agencies and types of records.

While The National Green Tribunal is a specialized forum for environmental disputes. With Principal Bench located in Delhi. The Tribunal adjudicates civil cases where a substantial question relating to the environment is involved is arisen from implementation of the enactments listed in Schedule I of the NGT Act, 2010.

Location may simplify the regulatory landscape for a Delhi NCR client. But geography is not the sole test for determining whether a case falls under the NGT’s jurisdiction. The statute under which an order was issued. The underlying environmental concern and cause of action. As well as the relief sought by the aggrieved person all matter.

Advocate BK Singh can help you figure out exactly what your opponent is challenging and what specific remedies are available to you. Instead of approaching every environmental dispute as one-size fits all NGT lawsuit.

Simply put, an NGT environmental dispute can be any legally cognizable environmental dispute that falls under the jurisdiction of the Tribunal as per its statute.

An NGT environmental dispute would mean a civil dispute under Section 14 of the National Green Tribunal Act, 2010 that involves a substantial question relating to the environment including enforcement of an environmental legal right where such question arises from: implementation of the enactments specified in Schedule I..

Why does this matter? While a person may have an environmental grievance they seek to redress; the NGT is not the forum for every environmental issue.

Environmental clearance-related disputes; pollution issues; environment damage; regulatory orders; and appeals under various environmental laws have different pathways.

NGT matters are firstly governed by the National Green Tribunal Act, 2010 itself which provides the procedural law and jurisdiction. Schedule I to the Act enlists the enactments with respect to which the Tribunal has statutory environmental jurisdiction. The NGT’s official FAQ states laws like The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981; The Environment (Protection) Act, 1986; The Public Liability Insurance Act, 1991 and other environmental laws.

Section 14 relates to specified environmental disputes. Relief, compensation and restitution, including restitution of damaged property or environment is dealt under Section 15.

Section 16 provides for appeal against certain orders passed or decisions made under enactments specified in Schedule I. Appeal here cannot be read as just substitute for filing a original application. Therefore Section 16 merely grants appellate jurisdiction to NGT over specified orders and decisions under environmental laws.

Section 20 Provides that the Tribunal shall also apply the provisions of sustainable development, the precautionary principle and the polluter pays principle while exercising its powers.

These provisions are to be read conjointly. However, they should not be applied mechanically and a detailed perusal of the underlying order/statute/facts is required.

Any of several different types of clients may be involved in an NGT matter.

An NGT lawyer might represent a project developer who has received an unfavorable order from a regulator or who is accused of not complying with environmental laws. An industrial facility may require assistance with pollution-control certificates, representation during regulatory proceedings or an appeal.

Individual citizens, resident welfare associations and other affected parties may seek legal representation if an environmental activity is alleged to impact upon public health, private property or local environmental conditions.

Businesses are occasionally confronted with a slightly different problem. They consider themselves to be in compliance with the law because they have obtained certain permits. However, a regulator or affected party may raise a different issue regarding how the business operates, its pollution control equipment or its environmental obligations.

Advocate BK Singh can help clients evaluate the legal situation before deciding if they should file an NGT petition, response or appeal, or seek another remedy.

Based on the impugned order, approvals, notices, correspondence, inspection reports, photographs and other available records, an attorney attempts to identify the true nature of the legal dispute as well as the appropriate forum with jurisdiction over it.

The next step is to categorize the procedure, whether it's an Original Application, an appeal under Section 16, a claim for relief/restitution, or some other legal action outside the NGT's jurisdiction.

Once the procedural pathway forward is determined, relevant documents and chronology of facts are organized. Because environmental cases involve technical data, files become unmanageable when dates, reports, correspondence with regulators and other material are split between folders.

The pleadings should concisely identify parties, legal basis, material facts, documents supporting the claim and relief sought. Keep in mind that depending on the case, the respondent can be a regulator, governmental authority, project proponent, business or another affected person.

After filing, Tribunal may issue notice and ask for responses/reports or other information. Hearings will entail examination of factual, legal and technical issues. Sometimes the work of an attorney does not necessarily need to involve attending a hearing. Preparation of the documentary record is just as significant.

Advocate BK Singh will guide you through the relevant stages and keep your advice focused on the merits of the dispute instead of guaranteeing a certain outcome.

The documents will vary depending on the nature of the dispute. However, broadly clients should preserve:

Clients should not feel compelled to preserve a document simply because it seems important. There should be a clear connection to the underlying legal issue.

Documents that may seem important to an individual, such as dated photographs, a record of complaints and correspondence with government agencies may be useful to establish the facts. For a company, records of compliance and correspondence with regulatory agencies may become quite important in their defense.

If you have received an environmental show-cause notice or unfavorable regulation/order wise direction, it is prudent to seek legal advice.

Similarly if an environmental clearance or other decision is being contested and you wish to know whether there is any scope for appeal.

It is also advisable for developers to consider taking advice before responding to serious compliance related allegations where the subject matter may impact construction or operations.

Associations and residents may want to seek an early opinion where numerous complaints have failed to remedy an environmental issue and there is a legitimate environmental question raised that is supported by documents.

If a NGT petition has already been instituted against you, getting copies of the pleadings and knowing what relief is being claimed should not wait any longer.

Advocate BK Singh can go through what documents you have and tell you if he feels the matter is appropriately brought before the NGT or if it is an appeal, or response to regulation or some other legal remedy.

The practice of environmental law requires more than a general practice background with a working knowledge of court processes. You must know what environment act has been violated. What is the nature of the complaint. What is the relief sought. Which authority is applicable and what is the limitation period to file the case.

Advocate BK Singh at bk singh advocate aims to provide legal help for environmental disputes, appeals and compliances related to NGT by focussing on the facts of the case and the remedies available under the law. The service aims to help individuals, residents welfare associations, corporates, project proponents and any party facing any environmental proceedings across Delhi NCR and India.

The first consultation should be about documents and facts. After the first meeting, a client should have a better understanding of potential legal proceedings, key deadlines and what other information you may need to gather.