Which of the following environmental laws is not explicitly covered under the NGT Act for adjudicating disputes?

Question

Which of the following environmental laws is not explicitly covered under the NGT Act for adjudicating disputes?

1. A. Forest (Conservation) Act, 1980
2. B. Wildlife (Protection) Act, 1972 (Correct answer)
3. C. Environment (Protection) Act, 1986
4. D. Biological Diversity Act, 2002

Correct Answer

Option B — Wildlife (Protection) Act, 1972

Detailed Solution & Explanation

The correct answer is Wildlife (Protection) Act, 1972.

Key Points

• The NGT's jurisdiction is not general. It extends only to the enactments listed in Schedule I of the NGT Act, 2010, and the Wildlife (Protection) Act, 1972 is not among them.
• The other three options are all Schedule I enactments over which the Tribunal can adjudicate:
  • Forest (Conservation) Act, 1980,
  • Environment (Protection) Act, 1986,
  • Biological Diversity Act, 2002.

Additional Information

• Schedule I lists seven statutes in total: the Water Act 1974, the Water Cess Act 1977, the Forest (Conservation) Act 1980, the Air Act 1981, the Environment (Protection) Act 1986, the Public Liability Insurance Act 1991 and the Biological Diversity Act 2002.
• The two conspicuous omissions are the Wildlife (Protection) Act, 1972 and the Indian Forest Act, 1927 — disputes under them go to the ordinary courts rather than the Tribunal, a gap that has been criticised repeatedly.
• The distinction to hold on to is that the NGT is a pollution and environmental-clearance forum, not a wildlife-offences forum; wildlife matters are criminal prosecutions handled by the regular judiciary.
• An application to the NGT must ordinarily be filed within six months of the cause of action arising, extendable by a further sixty days for sufficient cause.