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Tribunals and CommissionsFull Bench(2022) 08 NGT CK 0001

Ganesh Alias Sujay Shripad Pai vs State Of Goa

National Green Tribunal · Decided on 2 August 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
M.A. No. 42 Of 2022 In Appeal No. 37 Of 2020 (Earlier Appeal No. 54 Of 2019(WZ)

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Judgment

3 paragraphs · 212 words
1.

This application has been filed in a disposed of matter vide order dated 29.06.2021 in Appeal no. 37/2020, Ganesh Alias Sujay Pai v. State of Goa & Ors. Prayer is to take action for non compliance of the said order. By the said order, this Tribunal dismissed the appeal of the opposite party/original appellant against order of the GCZMA dated 24.06.2019 directing demolition of unauthorized construction, in violation of CRZ Notification, 2011. Against the order of this Tribunal, Civil Appeal No. 468/2022 Ganesh Alias Sujay Pai v. State of Goa & Ors. was dismissed by the Hon’ble Supreme Court on 07.02.2022.

2.

The application is styled as complaint for offence under Section 26 of the NGT Act for which the forum under Section 30 is the trial Magistrate. Even if application is treated as execution application under Section 25 of the NGT Act, such execution will lie only before the original authority, on principle of Section 37 of C.P.C. The final decree is the order of the Hon’ble Supreme Court dated 07.02.2022 which is also deemed to be the decree passed by the original authority in law.

In these circumstances, the application is disposed of as not maintainable without prejudice to the appropriate remedy of the applicant in accordance with law.