National Green Tribunal
Akash Vashishtha & Anr vs Union Of India & Ors on 17 February, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 06/2023
IN
Original Application No. 89/2013
(M.A. No. 05/2023)
Akash Vashishtha & Anr. Applicant(s)
Versus
Union of India & Ors. Respondent(s)
---------
Mahesh Kumar: Applicant in E.A
Date of hearing: 17.02.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Satyabeer Singh, Adv. for Applicant in E.A 06/2023
ORDER
1. This application seeks execution of order of this Tribunal dated 20.05.2013 by which directions were issued to remove illegal constructions from flood plain of river Yamuna.
2. While the said directions have to be carried out, there have been further orders on the subject, including orders on the subject of rejuvenation of Yamuna in O.A. No. 06/2012, Manoj Mishra vs. Union of India & Ors. which are to be overseen as per mechanism laid down therein 1 by the Chief Secretaries of concerned States and progress reports filed before the Tribunal.
3. We find it difficult to entertain the present Execution Application filed 10 years after the order without indicating latest status. The applicant has impleaded large number of persons who were not original parties without tangible material of cause of action against them. More over validity of such constructions may need adjudication before order is passed in execution proceedings.
4. Thus, Execution Application in this form cannot be entertained and will stand disposed of without prejudice to any other remedy of the applicant in accordance with law.
M.A. No. 05/2023 will also stand disposed of.
Adarsh Kumar Goel, CP Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM February 17, 2023 Execution Application No. 06/2023 In Original Application No. 89/2013 (M.A. No. 05/2023) SN 2