Context: 

Taking suo motu cognisance of a newspaper report that has warned of a Joshimath like situation in Mussoorie town, the National Green Tribunal (NGT) has issued directions to the Uttarakhand government to conduct a study of the specific carrying capacity of the hill station. 

More on News:

• The green court has also formed a nine member committee to suggest remedial measures for preventing environmental damage to the town.
• Such study may cover as to how much constructions can be allowed and with what safeguards, be used for existing buildings, and all other relevant and associated aspects, including vehicular traffic, sanitation management, maintaining ecological integrity in terms of soil stability and flora/fauna
• The Bench mentioned the study on Mussoorie’s carrying capacity by the Lal Bahadur Shastri National Academy of Administration in 2001, which had suggested that no further construction was viable. 

Carrying Capacity:

• It can be defined as the population that can be supported indefinitely by its supporting systems.
• In ecological terms, the carrying capacity of an ecosystem is the size of the population that can be supported indefinitely upon the available resources and services of that ecosystem.
• In the broader sense, carrying capacity also means that all plants and animals which an area of the Earth can support at once. Change in carrying capacity for one species affects other populations in the area.
• The species population size is limited by environmental factors like adequate food, shelter, water, and mates. If these needs are not met, the population will decrease until the resource rebounds. 

About National Green Tribunal (NGT):

• The National Green Tribunal has been established in 2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to
  • Environmental protection and conservation of forests and other natural resources
  • Enforcement of any legal right relating to environment
  • Giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto.
• It is a specialised body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.
• The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice.
• The Tribunal is mandated to make and endeavour for disposal of applications or appeals finally within 6 months of filing of the same.
• New Delhi is the Principal Place of Sitting of the Tribunal and Bhopal, Pune, Kolkata and Chennai shall be the other four places of sitting of the Tribunal.
• An appeal against order/decision/ award of the NGT lies to the Supreme Court, generally within ninety days from the date of communication. 

Structure of NGT:

• The Tribunal comprises the Chairperson, the Judicial Members and Expert Members.
• They shall hold office for a term of three years or till the age of sixty-five years, whichever is earlier and are not eligible for reappointment.
• The Chairperson is appointed by the Central Government in consultation with Chief Justice of India (CJI).
• A Selection Committee shall be formed by central government to appoint the Judicial Members and Expert Members.
• There are to be least 10 and maximum 20 full time Judicial members and Expert Members in the tribunal. 

The NGT deals with civil cases under the seven laws related to the environment, these include:

• The Water (Prevention and Control of Pollution) Act, 1974,
• The Water (Prevention and Control of Pollution) Cess Act, 1977,
• The Forest (Conservation) Act, 1980,
• The Air (Prevention and Control of Pollution) Act, 1981,
• The Environment (Protection) Act, 1986,
• The Public Liability Insurance Act, 1991 and
• The Biological Diversity Act, 2002.
• Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT. 

News Source: The Hindu

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