Review Article

Challenges in enforcing NGT orders: an empirical study on mining-related litigation in southern Karnataka

Abstract

The proliferation of illegal mining and industrial activities in Southern Karnataka, encompassingdistricts like Mysore, Chamarajanagar, and Mandya, poses a critical challenge to India’s sustainabledevelopment goals. This empirical study investigates the efficacy of the National Green Tribunal(NGT) in enforcing its judgments against environmental transgressors in this mineral-rich butecologically sensitive region. This research analyses, three pivotal NGT orders concerning illegalquarrying, riverbed sand mining, and industrial effluent discharge between 2012 and 2016. Thefindings reveal a persistent gap between judicial pronouncements and ground-level compliance,primarily due to a fragmented multi-agency enforcement framework, legal exploitation of stayorders, and political-economic pressures rooted in community dependency on mining. The articleposits that the NGT's reliance on state machinery, coupled with insufficient deterrent penalties,leads to partial or delayed compliance outcomes. Policy recommendations focus on legal reforms(streamlined appeals, enhanced penalties), administrative restructuring (establishing a District-LevelEnvironmental Enforcement Committee), and technological integration (GIS and remote sensing) toimprove institutional accountability and secure ecological justice.

Keywords

National Green Tribunal (NGT)Environmental enforcementPublic Interest Litigation (PIL)Illegal miningSouthern KarnatakaJudicial compliance

Corresponding Author

Smt. Sowmya. K

Research Scholar, Department of studies in Law, University of Mysore, India

k.sowmya62@yahoo.com

Article History

Received Date : 18 April 2025

Revised Date : 08 May 2025

Accepted Date : 16 May 2025

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