Original Jurisdiction:

1. Under section 14 of the NGT Act, the tribunal has given the power to entertain all civil cases related to substantial questions related to the environment. Here it is not only included damages to the environment but even issues related to enforcement of legal right are also entertained
    
2. Under clause 3 of section 14 of the NGT Act, the time limitation period to file a complaint is 60 days from the cause of the act, and the tribunal may even allow after 60 days in exceptional circumstances where tribunal gets satisfied that the complainant was prevented from filing such complainant.
    
3. In India, there is a total of 4 tribunals situated differed as South, North, East, and West.
    
4. Here from the terminology of the section, it can be seen that there is not so high level of the threshold as to make allow complaint in the tribunal because wordings of the section gives wide jurisdiction as the complaint could be filed in ‘any matter related to the environment’
    
5. Here the only condition which can be seen from the subsequent judicial proceeding or over which it can be argued for jurisdiction is that- damages to the environment should not be the subsequent consequences of the act but damages should have occurred over which the present complaint is filed.
    
6. Another condition or threshold exists for the complainant that issue or question should arise from the subject matter mentioned in 7 statutes mentioned in the first schedule as:
   
   • 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;
   • The Biological Diversity Act, 2002.
      
7. The application procedure is even simpler as the complainant has to follow the template as provided- https://www.conservationindia.org/wp-content/files_mf/NGTApplication-Appeal-templates.pdf
    
8. Here complainant can argue himself in his own case without an advocate.
    
9. Here even complaint against government decisions, policies, orders passed against or in violation of any subject matter in seven statutes mentioned in the first schedule of the NGT act can be filed as it violated the legal right of the complainant related to the environment or if there is any substantial issue of environment is arising due to such government decisions.
    
10. availability of appellate authority under the NGT act is in two forms as the revision petition can be filed under section 29 of the act. This revision petition lies before the state board to revise its own decision for checking legality or propriety of any such order, whereas bar on this jurisdiction only where an order made Under Section 25, Section 26 or Section 27 where an appeal against that order to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.
     
11. Further, an appellate authority for a decision passed by the state board is the National Green Tribunal established under section 3 of the NGT act and another appellate authority under section 22 of the NGT act is the Supreme Court where the court is bound to entertain appeal made within a period of 90 days and have to entertain it within those 90 days. The appeal before the Supreme Court lies after the aggrieved party gets an order from the tribunal.

Alternative Jurisdiction:
In reference to the case - All Plastic Industries Association vs Government of Tripura and Ors.[i] Here complainant filed a writ petition against an order of the government under section 5 of the Environment (Protection) Act, 1986. Hereunder this section central government have the power to issue a direction to any person, authority, officer as:

1. the closure, prohibition or regulation of any industry, operation or process; or
2. stoppage or regulation of the supply of electricity or water or any other service.

Now here it is an express provision that if any person is aggrieved by orders under provision may directly approach the NGT after its commencement but here complainant filed a writ petition. Now the question was whether such a writ petition should be allowed or not.

Hereby court observed that:
Article 226 of the constitution empowers the High Court to issue writs for the enforcement of the fundamental rights as well as for any other purposes. The power of the High Court is not confined to writs only. It can issue suitable directions or orders to any person or authority within its jurisdiction.

However, the words for any other purpose should not be taken to mean that the High Court can issue writs for any purpose it pleases; these words should be taken to mean that the High Court can issue writs for the enforcement of any of the fundamental rights guaranteed by part 3 of the Constitution and also for the enforcement of any other legal right or legal duty. The remedy provided for in Article 226 is a discretionary remedy and cannot be claimed as a matter of right and the High Court can refuse to issue the writs. However, the High Court is required to exercise its discretion on recognized and established principles and not arbitrarily.

In the case of the existence of an equal, efficient, and adequate alternative remedy, the High Court may refuse to exercise its writ jurisdiction. However, the existence of alternative remedy is a rule of discretion and not a rule of law and, thus, the existence of alternative remedy is not an absolute bar and in appropriate cases, the High Court may grant the remedy under Article 226, even if the petitioner has not exercised the alternative remedy in cases.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.