Author: Jeet Sinha
The National Green Tribunal (NGT) is a specialised judicial forum established under the National Green Tribunal Act, 2010 for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests and other natural resources, and enforcement of legal rights relating to the environment.
A person seeking relief before the NGT must present the case in the prescribed manner and establish the Tribunal’s jurisdiction, the environmental dispute involved, the cause of action, maintainability and the relief sought.
This article explains how to draft an Original Application before the NGT, including its basic structure, important pleadings, grounds and prayer.
Important: This article is verified and contains exact content for drafting an Original Application(OA). It has been cross-checked by an advocate who practices NGT Matters. However, sole reliance on this article is cautioned; any person trying to file an OA must consult an advocate specialised in NGT matters. Read NGT Act, 2010 and NGT Practice and Procedure Rules for more guidance. At the bottom of this article, a downloadable Word document and a video are attached that will help in better understanding.
An Original Application is one of the principal proceedings through which a person can approach the NGT in matters falling within its statutory jurisdiction.
Section 14 of the NGT Act deals with the Tribunal’s jurisdiction over civil cases involving a substantial question relating to the environment, including enforcement of legal rights relating to the environment.
Section 15 empowers the Tribunal to grant certain reliefs, including:
Section 18 deals with the persons who may apply to the Tribunal and the manner of making such applications.
Therefore, depending upon the facts, an Original Application may seek directions for environmental compliance, restoration of the environment, prevention of pollution, compensation and other appropriate reliefs.
A properly prepared NGT application will ordinarily contain the following components:
The application begins with the name of the Tribunal and the concerned Bench.
Sample Format
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONAL BENCH, KOLKATA, WEST BENGAL
(Under Section 18(1) read with Sections 14 and 15 of the National Green Tribunal Act, 2010)
Original Application No. ____ of 2026
IN THE MATTER OF:
XYZ
[Full particulars of the Applicant]
…Applicant
VERSUS
ABC
[Full particulars of Respondent No. 1]
DEF
[Full particulars of Respondent No. 2]
…Respondents
The cause title should correctly identify:
The index enables the Tribunal and registry to identify the documents forming part of the application.
A basic index may contain:
| Sl. No. | Particulars | Annexure | Page No. |
| 1. | Original Application | — | |
| 2. | Affidavit | — | |
| 3. | Verification | — | |
| 4. | Vakalatnama/Authorisation | — | |
| 5. | Relevant Documents | Annexure A-1 onwards |
The annexures should be arranged sequentially and referred to properly in the body of the application.
The synopsis provides the Tribunal with a short overview of the dispute.
It should answer:
Drafting Tip
Do not turn the synopsis into the entire petition. It should provide the Tribunal with a quick understanding of the dispute.
Sample Opening
SYNOPSIS
The present Original Application is being filed under Sections 14, 15 and 18 of the National Green Tribunal Act, 2010 by the Applicant seeking appropriate directions for enforcement of applicable environmental laws and conditions imposed upon the Respondent in relation to [briefly describe the project/activity].
The Respondent is engaged in [describe activity], which is alleged to have resulted in [briefly describe environmental impact]. Despite repeated representations and complaints made before the concerned authorities, effective remedial action has not been taken.
The Applicant submits that the alleged violations have resulted in continuing environmental harm and require intervention by this Hon’ble Tribunal for prevention, control and remediation of the environmental damage.
The Applicant therefore seeks appropriate directions against the Respondents, including compliance with applicable environmental conditions, restoration of the affected environment and such environmental compensation or other relief as may be permissible in law.
A List of Dates should present the important events chronologically.
| Date | Particulars |
| DD.MM.YYYY | Environmental clearance/consent/permission granted. |
| DD.MM.YYYY | Respondent commenced the relevant activity. |
| DD.MM.YYYY | Applicant noticed alleged environmental violation. |
| DD.MM.YYYY | Complaint submitted to the concerned authority. |
| DD.MM.YYYY | Reminder/representation submitted. |
| DD.MM.YYYY | RTI application filed, if applicable. |
| DD.MM.YYYY | Information received from the authority. |
| DD.MM.YYYY | Continuing violation/environmental damage. |
| DD.MM.YYYY | Present Original Application filed before the NGT. |
Drafting Tip
Include only dates that are legally relevant. A good chronology can make a complicated environmental dispute substantially easier to understand.
The parties must be properly identified.
Applicant
Provide, as applicable:
Respondents
For each respondent, mention:
Government authorities should generally be described by their proper designation, rather than merely naming an individual officer.
The main application contains the factual and legal foundation of the case.
A useful structure is:
Paragraph 1 — Applicant
Explain who the applicant is and why the applicant is approaching the Tribunal.
Paragraph 2 — Respondents
Explain who the respondents are and their connection with the dispute.
Paragraph 3 onwards — Facts
Set out the material facts chronologically.
For example:
This is one of the most important parts of the drafting.
The application should explain why the dispute falls within the jurisdiction of the NGT.
Depending upon the facts, the pleading may identify:
Avoid simply writing:
“This Hon’ble Tribunal has jurisdiction.”
Instead, explain how the facts satisfy the statutory requirements.
Limitation must be addressed carefully.
Section 14(3) of the NGT Act prescribes the limitation period for applications under Section 14, subject to the statutory provisions concerning delay.
Where the alleged environmental violation is continuing, the drafting should clearly identify:
Important Drafting Point
Do not automatically state that every continuing environmental violation creates a fresh cause of action indefinitely.
The limitation provisions should be analysed based on the specific relief, statutory provision invoked and facts of the case. Remember NGT is very strict about the limitation.
If the applicant has approached government authorities before filing the NGT application, the application should provide details of those efforts.
For example:
On [date], the Applicant submitted a representation before Respondent No. __ highlighting the alleged environmental violations.
Then mention:
The relevant documents should be annexed.
This helps demonstrate that the applicant has placed the environmental issue before the competent authorities and provides the Tribunal with the relevant documentary record.
This is the core factual section of an environmental application.
The applicant should identify the violation with precision.
For example:
Alleged Violation of Environmental Clearance Conditions
Instead of merely stating:
“The Respondent is violating the EC.”
identify:
“Condition No. __ of the Environmental Clearance dated __ requires ____. However, the Respondent is allegedly undertaking ____, contrary to the said condition.”
This drafting technique makes the pleading much stronger.
Use a violation table where appropriate
| EC Condition | Requirement | Alleged Violation | Supporting Document |
| Condition 1 | ____ | ____ | Annexure A-1 |
| Condition 2 | ____ | ____ | Annexure A-2 |
| Condition 3 | ____ | ____ | Annexure A-3 |
The application should explain what environmental harm has occurred or is threatened.
Depending upon the case, this may involve:
The applicant should connect the alleged activity with the environmental consequence using available evidence.
The grounds should translate the facts into legal reasons for granting relief.
Common grounds may include:
A. Violation of Environmental Clearance Conditions
Where the respondent has failed to comply with binding conditions imposed through environmental clearance.
B. Violation of Environmental Laws
Where the facts disclose non-compliance with applicable environmental legislation, rules, notifications or statutory requirements.
C. Failure of Statutory Authorities
Where the competent authorities have failed to discharge their statutory responsibilities despite information or complaints regarding alleged violations.
D. Precautionary Principle
Where there is a credible threat of serious environmental harm and preventive measures are required.
E. Polluter Pays Principle
Where environmental damage attributable to the polluter warrants appropriate compensation and/or restoration measures.
F. Sustainable Development
Where the dispute requires balancing development activity with environmental protection in accordance with applicable law.
G. Restoration of Environment
Where environmental damage has already occurred and remedial or restoration measures are required.
Every ground should ideally contain:
Fact → Legal violation → Consequence → Relief
For example:
BECAUSE the Respondent has failed to comply with Condition No. __ of the Environmental Clearance dated __, which requires ____. Such non-compliance has resulted in/threatens ____. The Respondent is therefore liable to comply with the said condition and undertake appropriate remedial measures.
This is much better than making broad allegations such as:
“The Respondent is harming the environment.”
Depending upon the facts, the application may rely upon recognised environmental principles.
Polluter Pays Principle
The principle requires the polluter to bear appropriate costs associated with preventing and remedying environmental damage, as recognised in Indian environmental jurisprudence.
Precautionary Principle
Environmental protection need not always wait until damage becomes irreversible where there is a serious environmental risk.
Sustainable Development
Development must be pursued consistently with environmental protection and applicable legal requirements.
Public Trust Doctrine
Natural resources may be subject to obligations upon the State to protect them for the benefit of the public.
Drafting caution: These principles should not be inserted mechanically. The facts should demonstrate why a particular principle is relevant.
The prayer should correspond directly with the facts and grounds.
A prayer may seek, depending on the case:
Sample Prayer
PRAYER
In view of the facts and circumstances stated hereinabove, it is most respectfully prayed that this Hon’ble Tribunal may graciously be pleased to:
a. Direct the Respondents to comply with the applicable Environmental Clearance conditions and other statutory environmental requirements;
b. Direct the concerned statutory authorities to undertake an appropriate inspection/inquiry into the alleged environmental violations;
c. Direct the Respondents to take appropriate remedial and environmental restoration measures in respect of the damage caused to the environment;
d. Determine and impose such environmental compensation as may be permissible in law, having regard to the nature and extent of the environmental damage and the applicable legal principles;
e. Direct the Respondents to take such preventive measures as may be necessary to prevent further environmental degradation; and
f. Pass such other and further order(s) as this Hon’ble Tribunal may deem fit and proper in the interests of justice and environmental protection.
Where immediate environmental harm is occurring, the applicant may consider seeking interim relief.
The application should explain:
Do not seek vague interim orders.
Instead of:
“Pass appropriate interim orders.”
prefer a specific request such as:
“Direct the Respondent to maintain status quo with respect to the activity described in paragraph __ pending consideration of the present application.”
The exact relief must, of course, be tailored to the facts and applicable law.
Documents should be carefully arranged and referred to in the application.
Common documents may include:
Example
A copy of the Environmental Clearance dated __ is annexed herewith and marked as Annexure A-1.
The same document should then appear in the annexure index.
The application should be supported by the required affidavit and verification in accordance with the applicable procedural requirements.
The verification should distinguish, where appropriate, between:
False or exaggerated statements should never be included in an environmental application.
Attach a vakaltnama stating that you are the Counsel representing so and so client in so and so matter before NGT.
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