National Green Tribunal National Green Tribunal

1 month ago

How to draft a notice to the company under NGT act,2010, we are facing lot of problems for this environment pollution and water pollution, Without local devlopment Development,

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
Instead of a legal notice to a Company whose activities polluted the environment, a complaint preferably a mass complaint needs to be filed before the Chairperson appointed under the National Green Tribunal Act, 2010 to resolve the threat of pollution. Sec.2(m) of the Act defines substantial questions relating to the environment that include direct violation of specific statutory environmental obligations by a person, by which a) a community at large is affected by the environmental pollution, b) the gravity of damage to environment or property is substantial, c) damage to public health and the environmental consequences related to a specific activity or a point source of pollution. Further Sec,2(f) defines a person that includes an individual, HUF, Company, Firm, an association of persons, or a body of individuals, a trust, a local authority, and every artificial judicial person. As per Sec.14(1) of the Act, a tribunal shall have jurisdiction over all civil cases where substantial questions relating to the environment are involved and such questions arise out of the implementation of the enactments as specified in Schedule - I of the Act. In view of the above proposition of law, a mass complaint against the concerned company before the Chairperson, NGT may resolve the matter in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 weeks ago

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A.Dear client, approach a lawyer at your location or any NGO on environmental concerns for drafting a notice to the company.
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