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Necessary.

Environment Relief Fund is created under the statute.

5. No limitation period to exercise "legal right"relating to environment.

No application shall be entertained after 6 months from the date of cause action as per sec. 14(3) of the NGT Act.

6. No limitation period for claiming compensation.

Within 5 years

7. Reversal fund should be met by polluter, State Govt. &Central Govt.

Expenses towards reversal schemes should be met by the polluter alone.

8. Sec.3(2).V restriction of areas in which any industries, operations or processes or class of industries, operation or processes shall not be carried out or shall be carries out subject to certain safeguards.

No such power

13. Sec. 3(2).X Inspection of any premises, plant, equipment, machinery manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities officers or persons as it may consider necessary to take steps for the prevention control and abatement of environmental pollution.

No such power

14. Sec. 3(2).XII Collection and determination of information in respect of matters relating to environmental pollution.

No such power

15. The award of compensation LoEA will be credited to "ENVIRONMENT PROTECTION FUND"as per the directions of the Supreme Court to be operated by respective District Collector. The Authority is Monitoring Fund. There is no power in NGT Act to transfer it to environment relief fund. No rules have been framed under section 35(i) of NGT Act.

76. This is why, the Supreme Court issued certain directions in paragraphs 40 and 41 of its decision in Bhopal Gas Peedith Mahila Udyog Sangathan v. Union of India [(2012) 8 SCC 326]. They read as follows:-

"40. Keeping in view the provisions and scheme of the National Green Tribunal Act, 2010 (for short "the NGT Act") particularly Sections 14, 29, 30 and 38(5), it can safely be concluded that the environmental issues and matters covered under the NGT Act, Schedule I should be instituted and litigated before the National Green Tribunal (for short "NGT"). Such approach may be necessary to avoid likelihood of conflict of orders between the High Courts and NGT. Thus, in unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act and/or in Schedule I to the NGT Act shall stand transferred and can be instituted only before NGT. This will help in rendering expeditious and specialised justice in the field of environment to all concerned.

41. We find it imperative to place on record a caution for consideration of the courts of competent jurisdiction that the cases filed and pending prior to coming into force of the NGT Act, involving questions of environmental laws and/or relating to any of the seven statutes specified in Schedule I of the NGT Act, should also be dealt with by the specialised tribunal, that is, NGT, created under the provisions of the NGT Act. The courts may be well advised to direct transfer of such cases to NGT in its discretion, as it will be in the fitness of administration of justice."