If the enforcement agencies and traffic cops have sprung into action impounding diesel vehicles that are older than ten years, it is not without reason. The National Green Tribunal may not have contempt powers but the NGT Act allows it to impose mind-boggling fines, ranging from Rs10 crore to Rs25 crore (the latter in case of a defaulting company), to enforce its orders.
The tribunal enjoys powers of a civil court and the Act vests it with powers to send erring officials to jail for a maximum term of three years, say experts dealing with the law governing the five-year-old environmental panel.
Speaking to The Pioneer, senior advocate Raj Panjwani said, “The NGT has enough powers with it to enforce its own orders. It can summon officials, impose fines, sentence erring officials to prison and even direct compensation for the injury caused to the environment to be deducted from the salary of the guilty public servants. Such is the wide sweep of its powers that no officer will ever dare to violate the orders issued by the tribunal.”
This power is laid down in Section 26(1) of the NGT Act which states: “Whoever, fails to comply with any order or award or decision of the tribunal under this Act, he shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to Rs10 crore, or with both and in case the failure or contravention continues, with additional fine which may extend to Rs25,000 for every day during which such failure or contravention continues after conviction for the first such failure.”
The order by the NGT Principal Bench passed on April 7 said, “We hereby direct that all diesel vehicles (heavy or light) which are more than ten-years-old, will not be permitted ... on the roads of NCR and Delhi.” It further asked registering authorities of Haryana, UP and Delhi not to register any 10-year-old vehicles and provide a list of such vehicles to the Tribunal on the next date.
In the past, there have been demands to invest NGT with contempt powers. The 186th law Commission report had first argued in favour of NGT getting contempt powers. Followed by it, even the Parliamentary Standing Committee that discussed the NGT Bill ruled in favour of giving contempt powers. But the Centre in its wisdom chose not to include it in the final draft of the Bill. However, the penal provisions added in the NGT Act have made all the difference in making NGT get teeth.