SUSHIL RAGHAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant instituted OA No 68 of 2021 before the National Green Tribunal ["NGT"?] for the purpose of seeking remedial action to prevent untreated sewage and effluent being discharged in the storm water drains in Karkarmodel, situated in Municipal Corporation Ward No 43 at Sahibabad in Ghaziabad.

(2.) In its order dated 19 March 2021, the Tribunal noted that the issue had already been dealt with by it in an earlier order dated 27 January 2021 (Manoj Mishra vs Union of India and Others - OA No 6/2012). OA No 6 of 2012 related to remedial action required to prevent pollution of the river Yamuna and the drains and tributaries connected in Delhi, Haryana and Uttar Pradesh. In its order dated 19 March 2021, the Tribunal adopted various directions which are extracted below:

(3.) The appellant moved an execution application, EA No 33 of 2021, seeking execution of the order dated 19 March 2021. By the impugned order, the Tribunal has observed that the request made in the application "goes beyond what has been said in the order of the Tribunal dated 19 March 2021"? and even otherwise, if there was a breach of the order of the Tribunal, the appellant would have to seek the remedy under Section 26 of the National Green Tribunal Act 2010. The Tribunal did not find that there was any case for taking recourse to its power under Section 25 for executing the order.