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Difficulty: Very hardNational Environmental Legislation, Acts and Policies in India

With reference to national environmental legislation and statutory regulatory framework in India, consider the following statements:

1. The Central Ground Water Authority (CGWA) was statutorily constituted under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986.
2. The State Board for Wildlife (SBWL) is statutorily chaired by the Chief Minister of the concerned State under the Wildlife (Protection) Act, 1972.
3. The National Green Tribunal (NGT) is strictly bound by the procedural rules laid down under the Code of Civil Procedure, 1908, while adjudicating environmental disputes.

Which of the statements given above is/are correct?

  1. 1 and 2 onlyAnswer
  2. B
    2 and 3 only
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

1 and 2 only
The correct combination includes statements 1 and 2 only. Central Ground Water Authority (CGWA) was created under Section 3(3) of the Environment (Protection) Act, 1986. The State Board for Wildlife is chaired ex-officio by the Chief Minister of the respective state under the Wildlife (Protection) Act, 1972. Statement 3 is incorrect because Section 19 of the NGT Act, 2010 specifically exempts NGT from being bound by the Code of Civil Procedure, 1908.

Step-by-Step Solution

1
Evaluate Statement 1 regarding the statutory origin of the Central Ground Water Authority (CGWA).
Statement 1 is CORRECT.
CGWA was constituted under Section 3(3) of the Environment (Protection) Act, 1986, to regulate and control ground water development and management in India.
2
Evaluate Statement 2 regarding the chairmanship of the State Board for Wildlife (SBWL).
Statement 2 is CORRECT.
Section 6 of the Wildlife (Protection) Act, 1972 provides for the constitution of the State Board for Wildlife, with the Chief Minister of the State (or Administrator in Union Territories) as its Chairperson.
3
Evaluate Statement 3 regarding the procedural binding of the National Green Tribunal (NGT).
Statement 3 is INCORRECT.
According to Section 19(1) of the National Green Tribunal Act, 2010, the Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice.

Key Concept

Statutory provisions and authority origins under major Indian environmental laws (Environment Protection Act 1986, Wildlife Protection Act 1972, NGT Act 2010)
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Topics

National Environmental Legislation, Acts and Policies in India