Tribunals and CommissionsFull Bench(2023) 05 NGT CK 0058

Balbir Singh vs Chief Secretary to Govt. Of Punjab & Ors

National Green Tribunal · Decided on 31 May 2023

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
M.A. No. 39 Of 2023 In Original Application No. 138 Of 2021

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Judgment

5 paragraphs · 264 words
1.

This application is for punishment for offence under Section 26 of the NGT Act for violation of order of this Tribunal dated 21.12.2018 in O.A. No. 937/2018, Jasbir Singh vs. State of Punjab & Ors.

2.

Apart from the fact that in view of section 30 of the NGT Act, complaint for punishment for offence under Section 26 of the NGT Act has to be filed before the Area Magistrate concerned, matter has been earlier dealt with by this Tribunal vide order dated 01.07.2021 in O.A. No. 138/2021, Balbir Singh vs. Chief Secretary to Govt. of Punjab & Ors. The said matter was disposed of as follows:-

“4. Thus, only question which remains is execution. Having regard to the fact and circumstances of the present case, we consider it appropriate to direct the registry to transmit order of this Tribunal to the District Judge, Mohali under Section 25(2) of the NGT Act, 2010 for being assigned to the concerned Civil Court for execution. As regards offence under section 26 of the NGT Act, the applicant is free to take remedy under Section 30 of the Act before the concerned Magistrate. The applicant is also at liberty to approach the District Magistrate, S.A.S. Nagar in terms of orders already passed by this Tribunal on 30.09.2019 in O.A. No. 937/2018.”

3.

The record further shows that execution proceedings are pending before the Civil Judge Senior Division, SAS Nagar, Mohali at the instance of the applicant who is an Advocate.

4.

In these circumstances, no further order appears to be necessary. The application is disposed of.