Environment Protection Society vs State of Punjab & Ors

Prayers in this application are as follows:

“(i) The execution proceedings be initiated for execution of the Order dated 26.11.2019 in MA 229/2019 in OA 346/2019 as well as para no. 3 [(iii), (iv), (vii) and (viii)] and para no. 4 of Order dated 08.08.2019 in OA 346/2019.

(ii) the respondents be punished according to law for willfully, deliberately and intentionally not complying with above orders of this Hon'ble Tribunal by imposing heavy penalty under section 26 and 28 of NGT Act;

(iii) That the respondents be directed to deposit bank guarantee of Rs. 20 Crores each for time bound execution of the orders of this Hon'ble Tribunal in a fixed time frame as may be deemed fit by the Hon'ble Tribunal lest trees get killed due to suffocation.”

Order dated 26.11.2019 in M.A. No. 229/2019 in OA No. 346/2019, Environment Protection Society vs. State of Punjab & Ors. which is sought to be enforced is merely an order of modification of earlier order dated 08.08.2019. Operative part of the order is as follows:

“xxx ……………………………xxx…………………………………xxx

Upon consideration of the facts and circumstances set out in the application and upon hearing the learned Counsel for the Applicant, we do not find it necessary to modify the order as prayed for considering that order dated 08.08.2019 in O.A. No. 346/2019 was passed based upon the recommendation of the Committee constituted by the Tribunal. We may, however, clarify that order dated 23.04.2013 in O.A. No. 82/2013 referred to by the Applicant in respect of the NCT, Delhi, shall also be applicable to SAS Nagar, Mohali, Punjab supplemental to the order dated 08.08.2019 passed in O.A. No. 346/2019. The concerned authorities shall take note of this and ensure that the directions are enforced.”

From the above, it is seen that the Tribunal has made applicable earlier order dated 23.04.2013 to SAS Nagar, Mohali, Punjab. The earlier order dated 23.04.2013 in OA No. 82/2013, Aditya N. Prasad vs. Union of India & Ors. referred to above, is as follows:

“xxx …………………………………..xxx…………………………..xxx

(ii). They shall also ensure that the concrete surrounding the trees within one metre of the trees are removed forthwith and all the trees are looked after well and due precaution is taken in future so that no concrete or construction or repairing work is done atleast within one metre radius of the trunk of trees. The Vice- Chairperson, the Commissioner, the Chief Engineer, the Director General and all other senior most officers of the Departments/authorities concerned shall be personally responsible for carrying out this order.

(iii). The Departments/authorities concerned shall take all and every prohibitive measures to prevent the defacing of the trees in any manner whatsoever, save only its trimming in accordance with law.”

The grievance of the applicant is that the concrete surrounding trees is not being removed nor fencing of trees is being done as per law which is affecting the life of the trees which have great environmental value. The applicant has accordingly sought a direction to transfer a copy of the order of this Tribunal to the jurisdictional of Civil Court under Section 25(2) of the NGT Act, 2010 following an earlier precedent in the order of this Tribunal dated 07.10.2021 in M.A. No. 64/2021 in OA No. 62/2021 titled as Kapil Dev vs. State of Punjab & Ors., as follows:

“xxx….. the application is in substance an execution application.

As far as prayer for penalty is concerned, forum for the same under section 30 of the NGT Act is the jurisdictional Magistrate. Only issue which can be considered by this Tribunal is the execution of the order requiring leaving of 1 meter radius from the trunk of a tree free from any construction, to ensure for growth and protection of the tree. Execution against such alleged violation will require continuous monitoring and ascertainment of facts relating to each of such violations. Appropriate course to be adopted in such a case will that copy of the order of this Tribunal dated 10.03.2021, which amounts decree under Section 25 of the NGT Act, is remitted to the District Judge, Ludhiana, under Section 25(2) of the NGT Act for being entrusted to the concerned Civil Court for execution. We order accordingly.”

Accordingly, we direct that copies of orders of this Tribunal dated 23.04.2013 in OA No. 82/2016, dated 08.08.2019 in OA 346/2019 and order dated 26.11.2019 in M.A. No. 229/2019 in OA No. 346/2019 be transferred to the District Judge, Mohali for being made over to the concerned jurisdictional Civil Court for execution in accordance with Section 25(2) of the NGT Act, 2010.

The application is disposed of.