Q. With reference to NGT (National Green Tribunal), which of the following statements is/are correct?
1. It can’t exercise suo motu proceedings against environmental Law defaulters.
2. NGT is not bound by the rules of evidence as enshrined in the Indian Evidence Act, 1872.
3. Civil court can’t hear matters related to Environmental issues under the seven laws which the NGT is empowered to deal with.
Select the correct answer using the code given below:

[A] 1 and 2 only

[B] 3 only

[C] 1 and 3 only

[D] 2 and 3 only

Answer: D
Notes:

Exp) Option d is the correct answer.

Statement 1 is incorrect. NGT has the power and jurisdiction to institute suo moto proceedings against environment law defaulters.

Statement 2 is correct. The NGT has powers to review its own decisions. If this fails, the decision can be challenged before the Supreme Court within ninety days.

Statement 3 is correct. With the enactment of the NGT Act, Civil courts cannot hear matters related to Environmental issues under the seven laws which the NGT is empowered to deal with i.e cases under 1) The Water (Prevention and Control of Pollution) Act, 1974; 2) The Water (Prevention and Control of Pollution) Cess Act, 1977; 3) The Forest (Conservation) Act, 1980; 4) The Air (Prevention and Control of Pollution) Act, 1981; 5) The Environment (Protection) Act, 1986; 6) The Public Liability Insurance Act, 1991; 7) The Biological Diversity Act, 2002.

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