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Judgment
This application has been filed inter alia with a prayer for execution of order dated 10.03.2021 in O.A. No. 62/2021, Kapil Dev v. State of Punjab & Ors. and also for imposing penalty against Chairman of Ludhiana Improvement Trust as well as Municipal Commissioner of Municipal Corporation, Ludhiana.
Though registered as MA, 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.
The application is disposed of.