Tribunal has authority to execute its order

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No 1629 of 2022

Sushil Raghav

Versus

Union of India and Others 

The appellant instituted OA No 68 of 2021 before the National Green

Tribunal1

 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:

“1. Independent assessment of flow in all the drains reaching

Yamuna be undertaken within next two months and

thereafter submit action plan for setting up STPs to bridge

the gap with definite and monitorable timelines.

2. Out of 427 MLD of treatment capacity in Sahibabad and

Loni STPs with only 80 MLD capacity are compliant to

standards. A direction to UP Jal Nigam, Ghaziabad MDA

and Ghaziabad Municipal Corporations to upgrade/

rehabilitate the STPs to meet revised environmental

standards of TSS/BOD:10/10 mg/L within next two years

and the authorities being directed to submit Action plan to

achieve this within next three months.

3. Stoppage of all sewage from sewered areas of Sahibabad

Banthala and Indira Puri as per the Action Plan prepared

by the State Government by December 20.

4. Implementation of Septage management by December 20

in all areas which are not sewered.

5. UPSIIDC be directed to ensure setting up CETPs and

ensure their proper functioning. UPPCB be directed to put

in place policy for realizations in case the industries failed

to pay. As requested by the UPPCB the arrears of unpaid

EC be directed to be realized as arrears of land revenue.

6. The YMC is unable to comment on the omnibus

compendium submitted for NMCG funding pertaining to

Phyto and Bio remediation. However, when approved the

drains which are polluting the Sahibabad and its tributary

drains need to be taken up if feasible. The reply of UP on

in-situ bio/phyto remediation is vague and does not

inspire confidence about the seriousness of the intent.

7. A direction is required to be given to the UP Irrigation

Engineer in Chief and the Principal Secretary Irrigation

relating to the inordinate delay in paying DDA for

undertaking the rejuvenation of the flood plains on the UP

side as a deposit work which was promised on several

occasions but has not made any headway in the last 7

months when one months time had been sought.

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.

4 The NGT has power under Section 25 to execute its orders as decrees of a

civil court. Section 26 is comprised in Chapter IV which deals with the penalty

for failure to comply with the orders of the Tribunal.

5 The grievance of the appellant is that the power to impose a penalty under

Section 26 will not redress the substratum or the grievance which is the

discharge of untreated sewage and effluent and the absence of a sewerage

system.

6 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

CA 1629/2022

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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.

7 Accordingly, we allow the appeal and set aside the impugned order of the

Tribunal dated 1 November 2021. Execution Application No 33 of 2021 is

restored to the file of the National Green Tribunal. 

8 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.