NGT Act explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 15 to 17 give the Tribunal its remedies and its appellate role. Section 15 lets it award relief and compensation to victims, order restitution of property and the environment, and apply heads of compensation from Schedule II. Section 16 lists the orders against which an appeal lies to the Tribunal, within thirty days. Section 17 makes the person responsible liable to pay relief or compensation and applies the principle of no fault in an accident.
This article is current as amended up to the Tribunals Reforms Act, 2021. Sections 15 to 17 were not changed by that Act. Later amendments and notifications should be checked. If you are bringing or resisting a claim or an appeal, our legal dispute resolution team can help.
Section 15: the Tribunal may order relief and compensation to victims, restitution of property and restitution of the environment, in addition to relief under the Public Liability Insurance Act, 1991; applications must be made within five years of the cause first arising. Section 16: a person aggrieved by listed orders under the Water, Air, EP and other Acts may appeal within thirty days of communication. Section 17: the person responsible is liable under the heads in Schedule II, the Tribunal may apportion liability, and in an accident it applies the principle of no fault.
Section 15: relief, compensation and restitution
Section 15(1). The Tribunal may, by an order, provide, as it thinks fit:
- (a) "relief and compensation to the victims of pollution and other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance)";
- (b) "for restitution of property damaged"; and
- (c) "for restitution of the environment for such area or areas".
Section 15(2). Relief, compensation and restitution under (a), (b) and (c) "shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991". See sections 5 to 7 of the PLI Act for the Collector's route.
Section 15(3). No application for compensation, relief or restitution "shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose". The proviso allows a further period not exceeding sixty days where the applicant was prevented by sufficient cause.
Section 15(4). Having regard to the damage to public health, property and environment, the Tribunal may divide the compensation or relief under separate heads specified in Schedule II, to compensate claimants and to restore the damaged property or environment. The heads are in the Schedules article.
Section 15(5). Every claimant "shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority".
The Environment (Protection) Act and the Air Act each say penalties imposed by adjudicating officers are in addition to relief or compensation under sections 15 and 17; see sections 15C and 15D of the EP Act.
Section 16: the Tribunal's appellate jurisdiction
Any person aggrieved by any of the following, made on or after the commencement of the NGT Act, "may within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal":
| Clause | Order or decision appealed |
|---|---|
| (a) | Order or decision of the appellate authority under section 28 of the Water Act, 1974 |
| (b) | Order of the State Government under section 29 of the Water Act, 1974 |
| (c) | Directions issued by a Board under section 33A of the Water Act, 1974 |
| (d) | Order or decision of the appellate authority under section 13 of the Water Cess Act, 1977 |
| (e) | Order or decision of the State Government or other authority under section 2 of the Forest (Conservation) Act, 1980 |
| (f) | Order or decision of the Appellate Authority under section 31 of the Air Act, 1981 |
| (g) | Any direction issued under section 5 of the Environment (Protection) Act, 1986 |
| (h) | An order granting environmental clearance in an area where industries or processes are restricted or subject to safeguards under the EP Act |
| (i) | An order refusing to grant environmental clearance under the EP Act |
| (j) | Any determination of benefit sharing, or order, of the National Biodiversity Authority or a State Biodiversity Board under the Biological Diversity Act |
The proviso. The Tribunal may allow the appeal to be filed within a further period not exceeding sixty days if the appellant was prevented by sufficient cause.
These appeals are mirrored in the amendments the NGT Act made to the Water Act (section 33B), the Air Act (section 31B) and the EP Act (section 5A); see the Water Act article, the Air Act article and sections 5 and 5A of the EP Act. The Water Cess Act, 1977 was repealed by the Taxation Laws (Amendment) Act, 2017. Penalty orders of adjudicating officers have separate appeals to the Tribunal under the amended Acts.
Section 17: liability to pay relief or compensation
Section 17(1). Where death or injury to any person (other than a workman) or damage to any property or environment "has resulted from an accident or the adverse impact of an activity or operation or process, under any enactment specified in Schedule I, the person responsible shall be liable to pay such relief or compensation for such death, injury or damage, under all or any of the heads specified in Schedule II, as may be determined by the Tribunal".
Section 17(2). If the death, injury or damage "cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes", the Tribunal "may, apportion the liability for relief or compensation amongst those responsible ... on an equitable basis".
Section 17(3). "The Tribunal shall, in case of an accident, apply the principle of no fault." The no-fault idea is the same as in section 3 of the PLI Act; see sections 3 and 4 of that Act.
The three sections compared
| Section | What it does | Period as printed |
|---|---|---|
| 15 | Relief, compensation, restitution; Schedule II heads | Five years from the first cause; further sixty days at most |
| 16 | Appeals against listed orders | Thirty days from communication; further sixty days at most |
| 17 | Liability of the person responsible; apportionment; no fault in accidents | None printed in the section |
Practical points
- Keep the periods apart. Five years for a compensation application, thirty days for a section 16 appeal.
- Disclose other claims. Section 15(5) requires intimation of other applications or relief received.
- Expect shared liability. Where several activities combine to cause the harm, liability can be apportioned.
- Plan for no fault. In an accident the Tribunal applies no fault.
An example
An accident at a chemical unit injures several residents and damages crops. They apply to the Tribunal under section 15 within five years. The Tribunal applies the principle of no fault, awards compensation under the Schedule II heads and orders restitution of the damaged environment. The residents tell the Tribunal about relief received under the PLI Act.
Need help with a compensation claim or an appeal?
A section 16 appeal has a thirty-day clock, and a section 15 claim needs the right heads and records. Our legal dispute resolution team can help you prepare either and keep to the periods.
Key takeaways
- The Tribunal can award relief, compensation and restitution of property and environment, in addition to PLI Act relief.
- A compensation application must be made within five years of the cause first arising, with up to sixty days more for sufficient cause.
- Appeals against the listed orders must be filed within thirty days of communication, with up to sixty days more for sufficient cause.
- The person responsible is liable under Schedule II heads, liability can be apportioned, and the principle of no fault applies to accidents.
Read next
- Section 18: who may apply or appeal to the Tribunal
- Schedules I to III: scheduled Acts and heads of compensation
- Sections 15C and 15D of the EP Act: adjudicating officer and NGT appeal
- NGT appeal process for environmental disputes
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.