Supreme Court rules NGT has powers to execute its order as decree of civil court

Supreme Court rules NGT has powers to execute its order as decree of civil court

The appellant had approached the tribunal for remedial action to prevent untreated sewage and effluent from being discharged into the stormwater drains

The Supreme Court has held that the National Green Tribunal (NGT) has the power to execute its orders as decrees of the civil court under Section 25 of the NGT Act, 2010.

A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala held that the NGT was entrusted with the power to ensure that its orders are complied with.

The appellant had approached NGT seeking remedial action to prevent untreated sewage and effluent from being discharged into the stormwater drains in Ghaziabad, Uttar Pradesh.

The tribunal noted that the issue had been tackled by it in an earlier order. It related to the remedial action required to prevent pollution of River Yamuna and the drains and tributaries connected in Delhi, Haryana, and Uttar Pradesh.

As per the 19 March 2021 order, the NGT had passed directions for an independent assessment of flow in all the drains reaching Yamuna to be undertaken within two months. It also sought an action plan for setting up STPs to bridge the gap with definite and monitorable timelines.

The tribunal further directed the stoppage of all sewage from sewer areas of Sahibabad Banthala and Indira Puri as per the action plan prepared by the state government by 20 December.

Accordingly, the appellant moved an application seeking the execution of the order. However, NGT observed that the request made in the application “goes beyond what has been said in the tribunal’s 19 March 2021 order.”

Also, since there was a breach of the order, the appellant would have to seek the remedy under the NGT Act. The tribunal maintained there was no case for taking recourse to its power under Section 25.

(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).

Advocate Akash Vashishtha, the appellant's counsel, submitted before the apex court that NGT failed to read its own order, which raised serious issues of pollution arising from the absence of sewerage infrastructure in the area. This was despite the residents paying sewerage charges for the last 27 years.

The grievance was that the power to impose a penalty would not redress the grievance related to the discharge of untreated sewage and effluent and the absence of a sewerage system.

The Supreme Court held, "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."

The court thus allowed the appeal and set aside the order of the NGT. It further directed the tribunal to take up the application under Section 25 and consider the necessary orders to effectuate the original 19 March 2021 order.