For this article:

26 Feb 2026·Source: The Indian Express
3 min
Environment & EcologyPolity & GovernanceNEWS

NGT favors developers in environmental clearance appeals: Investigation reveals asymmetry

Investigation reveals NGT increasingly favors developers in environmental clearance appeals, raising concerns.

An investigation of over 100,000 National Green Tribunal (NGT) orders since 2020 reveals a trend favoring developers in environmental and forest clearance (EC/FC) appeals. The NGT has ruled in favor of clearing projects in approximately 4 out of 5 appeals. Critics argue that this trend weakens environmental safeguards, while officials maintain that the outcomes are based on the merits of each case. The Supreme Court has previously affirmed the NGT's role as a specialized body for environmental justice.

This shift in the NGT's decisions raises concerns about the balance between development and environmental protection. The high rate of approvals for projects under environmental scrutiny suggests a potential compromise in the rigorous assessment and enforcement of environmental regulations. The differing views between environmental advocates and government officials highlight the ongoing debate about sustainable development and the role of regulatory bodies.

This news is relevant for India's environmental policy and governance, particularly concerning the balance between economic development and ecological preservation. It is pertinent to UPSC exams, specifically under the Environment & Ecology section (GS Paper III).

Key Facts

1.

An investigation of over 100,000 NGT orders since 2020 reveals a shift in favor of developers.

2.

In 4 out of 5 appeals, the NGT has ruled in favor of clearing projects.

3.

Critics suggest this erodes environmental guardrails.

4.

Officials claim outcomes are based on the quality of each case.

UPSC Exam Angles

1.

GS Paper III (Environment & Ecology): Role and effectiveness of statutory bodies like NGT

2.

GS Paper II (Governance): Transparency and accountability in environmental governance

3.

Prelims: Factual questions on NGT, EIA, and related regulations

4.

Mains: Analytical questions on balancing development and environmental protection

In Simple Words

The National Green Tribunal (NGT) is like a court for environmental issues. It's supposed to protect the environment, but recently, it seems to be siding with companies more often when they want to start projects. This could mean less protection for forests and clean air.

India Angle

In India, many people depend on natural resources for their livelihoods. If the NGT makes it easier for companies to get environmental clearance, it could negatively impact farmers, fishermen, and tribal communities who rely on these resources.

For Instance

Imagine a factory wants to be built near your village. The NGT is supposed to make sure it won't pollute the water or air. But if the NGT favors the factory, your village might suffer from pollution.

This matters because weaker environmental protection can lead to more pollution, loss of forests, and harm to people's health and livelihoods.

When the environmental watchdog favors developers, the environment and the people who depend on it suffer.

An investigation of over 100,000 NGT orders since 2020 reveals a shift in favor of developers in environmental and forest clearance (EC/FC) matters. In a majority of appeals (4 out of 5), the NGT has ruled in favor of clearing projects. Critics suggest this erodes environmental guardrails, while officials claim outcomes are based on the quality of each case. The Supreme Court had previously affirmed the NGT's role as a specialized protector of environmental justice.

Expert Analysis

The recent investigation highlighting the National Green Tribunal's (NGT) decisions favoring developers in environmental clearance appeals brings several key concepts into focus. These concepts are crucial for understanding the dynamics between environmental protection and developmental projects in India.

The National Green Tribunal (NGT), established on October 18, 2010, under the National Green Tribunal Act 2010, is a specialized judicial body equipped with expertise to handle environmental disputes. Its primary objective is to provide effective and speedy disposal of cases relating to environmental protection and conservation of forests and other natural resources. The recent findings, indicating a pro-developer stance in approximately 80% of cases since 2020, raise questions about the NGT's adherence to its original mandate and its effectiveness in safeguarding environmental interests against developmental pressures.

Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse. The EIA Notification of 2006 mandates prior environmental clearance for certain categories of projects. The NGT often hears appeals related to the EIA process and the clearances granted based on it. The current trend of the NGT favoring developers suggests a potential weakening of the EIA process, as projects that may have significant environmental impacts are being cleared more readily.

Sustainable Development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It requires balancing economic growth, social equity, and environmental protection. The NGT's role is to ensure that developmental projects adhere to the principles of sustainable development. However, the investigation's findings suggest a possible deviation from this principle, with economic considerations potentially outweighing environmental concerns in the NGT's decision-making process.

Environmental Clearance (EC) is a multi-stage process that involves screening, scoping, public consultation, and appraisal of projects before they are allowed to proceed. The EC process is governed by the EIA Notification and various other environmental laws and regulations. The NGT acts as an appellate body for EC decisions. The reported asymmetry in the NGT's rulings, with a majority favoring project clearances, indicates a need for greater scrutiny of the EC process and the factors influencing the NGT's judgments.

For UPSC aspirants, understanding the NGT's role, the EIA process, the concept of sustainable development, and the environmental clearance mechanism is crucial. Questions in both prelims and mains can be framed around the effectiveness of environmental governance in India, the balance between development and environmental protection, and the role of judicial bodies like the NGT in ensuring environmental justice. This news highlights the practical challenges in implementing environmental regulations and the need for a balanced approach to development.

Visual Insights

NGT rulings in favor of developers

The National Green Tribunal (NGT) has been ruling in favor of project developers in a majority of environmental and forest clearance appeals since 2020.

NGT rulings favoring developers
4 out of 5

This trend raises concerns about the balance between environmental protection and ease of doing business.

More Information

Background

The National Green Tribunal (NGT) was established in 2010 under the National Green Tribunal Act, aiming to provide a specialized forum for resolving environmental disputes. This was in response to the increasing number of environmental cases and the need for faster and more effective adjudication. The NGT's mandate includes handling cases related to air and water pollution, environmental impact assessment, and forest clearances. The Environmental Impact Assessment (EIA) notification of 2006 is a crucial regulation that mandates prior environmental clearance for certain categories of projects. This process involves assessing the potential environmental impacts of a proposed project and taking measures to mitigate them. The NGT often hears appeals related to the EIA process, making its decisions significant in shaping the environmental landscape of the country. The principle of Sustainable Development is central to India's environmental policy. It emphasizes balancing economic growth with environmental protection and social equity. The NGT is expected to ensure that developmental projects adhere to this principle, but the recent findings suggest a potential imbalance in its approach.

Latest Developments

In recent years, there has been increasing scrutiny of the environmental clearance processes and the decisions made by regulatory bodies like the NGT. Several committees have been formed to review the EIA notification and suggest improvements to make the process more transparent and efficient.

The government has also been emphasizing the need for faster environmental clearances to promote economic growth. This has led to debates about the balance between environmental protection and development, with concerns raised about potential compromises in environmental safeguards.

Looking ahead, there is a need for greater transparency and accountability in the environmental clearance process. This includes strengthening the NGT's capacity to handle complex environmental cases and ensuring that its decisions are based on sound scientific evidence and legal principles.

Frequently Asked Questions

1. If the NGT is favoring developers, does this mean environmental regulations are being ignored? What's the check on this?

While the investigation suggests a trend favoring developers, it doesn't automatically mean regulations are being ignored entirely. Here's why: * NGT decisions are supposed to be based on the merits of each case: Officials argue that approvals are granted when projects meet revised or updated environmental standards. * The Supreme Court has affirmed the NGT's role: The SC recognizes the NGT as a specialized body for environmental justice, implying a level of trust in its processes. * Judicial Review: NGT orders can be appealed in the Supreme Court, providing a further check.

Exam Tip

Remember that NGT decisions are subject to judicial review by the Supreme Court. This is a crucial check and balance in the system.

2. How does this news about the NGT relate to the Environmental Impact Assessment (EIA) process?

The NGT often hears appeals related to projects that have received or been denied environmental clearance under the EIA notification. If the NGT is indeed favoring developers, it could mean that projects with potentially significant environmental impacts are being cleared more easily, potentially weakening the EIA process. The Current Developments section in the article mentions committees being formed to review the EIA notification and suggest improvements, indicating concerns about its effectiveness and transparency.

Exam Tip

For Mains, link the NGT's role to the effectiveness of the EIA process. A question could ask you to critically analyze how the NGT's decisions impact environmental governance.

3. What's the UPSC Prelims angle here? What kind of factual question could they ask about the NGT?

UPSC might ask about the year the NGT was established (2010), the Act under which it was established (National Green Tribunal Act), or its primary mandate (resolving environmental disputes related to air and water pollution, EIA, and forest clearances). A likely distractor would be to confuse the NGT with a similar body or to misrepresent its powers.

Exam Tip

Focus on the NGT's founding year and core functions. Examiners often test on the specific mandates of statutory bodies.

4. Is this trend of the NGT favoring developers necessarily a bad thing? Could there be a positive side to faster environmental clearances?

It's a complex issue with arguments on both sides: * Potential benefits: Faster clearances could lead to quicker economic development, job creation, and infrastructure improvements. If projects are genuinely environmentally sound, delays can be costly and unproductive. * Potential drawbacks: Weakened environmental safeguards could lead to increased pollution, deforestation, and harm to biodiversity. This could have long-term negative consequences for public health and the environment.

Exam Tip

In an interview, acknowledge both sides of the argument. Show that you understand the trade-offs between development and environmental protection.

5. How would I structure a 250-word Mains answer if the question is: 'Critically examine the role of the NGT in balancing environmental protection and development'?

Here's a possible structure: * Introduction (30-40 words): Briefly define the NGT and its mandate. * Body (150-170 words): Discuss the NGT's achievements in environmental protection (cite examples if you know any). Then, discuss the concerns raised by the investigation (favoring developers, potential weakening of EIA). Provide arguments for both sides, showing a balanced perspective. * Conclusion (50-70 words): Summarize the challenges and suggest ways to improve the NGT's effectiveness (e.g., greater transparency, stricter enforcement of environmental regulations).

Exam Tip

Use the 'Critically examine' structure: Introduction, Strengths, Weaknesses, Conclusion with suggestions for improvement.

6. This news mentions the government emphasizing faster environmental clearances for economic growth. How does this fit into India's broader development strategy?

India is aiming for rapid economic growth to lift millions out of poverty. The government views infrastructure development and industrial growth as crucial for achieving this. Faster environmental clearances are seen as a way to reduce project delays and attract investment. However, this approach can create tension with environmental sustainability goals. The key challenge is to find a balance between economic development and environmental protection, which is reflected in India's commitment to Sustainable Development Goals.

Exam Tip

Relate this issue to the broader debate on sustainable development. India's commitment to SDGs is a key factor.

Practice Questions (MCQs)

1. Which of the following statements is/are correct regarding the National Green Tribunal (NGT)? I. The NGT was established in 2000 under the Environment Protection Act. II. The NGT aims to provide speedy disposal of cases related to environmental protection. III. The NGT's decisions are not appealable in any court.

  • A.I only
  • B.II only
  • C.I and II
  • D.II and III
Show Answer

Answer: B

Statement I is INCORRECT: The NGT was established in 2010 under the National Green Tribunal Act 2010, not in 2000 under the Environment Protection Act. Statement II is CORRECT: The NGT aims to provide speedy disposal of cases related to environmental protection and conservation of forests and other natural resources. Statement III is INCORRECT: NGT decisions can be appealed in the Supreme Court within 90 days.

2. In the context of Environmental Impact Assessment (EIA), consider the following statements: I. EIA is mandatory for all developmental projects in India. II. The EIA Notification of 2006 governs the EIA process in India. III. Public consultation is not a part of the EIA process.

  • A.I and II
  • B.II only
  • C.I and III
  • D.III only
Show Answer

Answer: B

Statement I is INCORRECT: EIA is not mandatory for ALL developmental projects, but only for those specified in the EIA Notification. Statement II is CORRECT: The EIA Notification of 2006 governs the EIA process in India. Statement III is INCORRECT: Public consultation is a crucial part of the EIA process, allowing affected communities to voice their concerns.

3. Which of the following principles is most closely associated with the concept of Sustainable Development? A) Maximizing short-term economic gains B) Prioritizing environmental protection over economic growth C) Meeting the needs of the present without compromising the ability of future generations D) Ignoring social equity in developmental projects

  • A.A
  • B.B
  • C.C
  • D.D
Show Answer

Answer: C

Sustainable Development is defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This principle emphasizes balancing economic growth, social equity, and environmental protection.

Source Articles

AM

About the Author

Anshul Mann

Environment & Climate Policy Analyst

Anshul Mann writes about Environment & Ecology at GKSolver, breaking down complex developments into clear, exam-relevant analysis.

View all articles →

GKSolverToday's News