“The NGT has the power to execute its order as decrees of civil court”: supreme court

Written By – Shagun Behal

The supreme court bench comprising Chief Justice of India DY Chandrachud, and Justices PS Narasimha and JB Pardiwala, on Monday, observed that NGT (national green tribunal) has power under section 25 to execute its orders as a decree of a civil court.

The appellant has moved the supreme court for the purpose of seeking remedial action to prevent untreated sewage and effluent being discharged in the storm water drains in Ghaziabad. It was noted that the matter related to remedial actions required to prevent pollution of river Yamuna and the drains and tributaries connected in Delhi, Haryana and Uttar Pradesh, have already been dealt with in the tribunal’s order dated 27 Jan 2021. NGT also passed certain directions in its order dated 19 march, 2021.

On moving its application seeking execution of the said order, the tribunal observed that the request made in the application goes beyond what has been said in the order of the tribunal dated 19 march 2021. It also said, “if there is 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.” Therefore, the tribunal did not want to recourse its power under section 25 for executing the order.

However, the bench stated in its order, “We are of the considered view that the observation of the Tribunal that there was no case for executing the earlier order under Section 25 is misconceived. The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. The absence of sewerage facilities is an important aspect which would merit the exercise of powers by the Tribunal under Section 25. The invocation of the power to levy a penalty under Section 26 will not necessarily sub-serve the purpose.”

Therefore, the supreme court set aside the impugned order of the tribunal of November 2021 and allowed the appeal. It said, “The Tribunal shall take up the application under Section 25 and consider what orders would be necessary to effectuate the original order dated 19 March 2021 of which execution was sought.”

[Sushil Raghav v. Union of India and others]