Naresh Kumar Bansal vs State Of Haryana

None has appeared on behalf of the applicant though the matter has been called twice. We have perused the record. Shri. Naresh Kumar Bansal, Advocate has filed this application under Section 14, 15 read with Section 18(1) of NGT Act, 2010 with the following prayers:

"A Direct the respondent authorities to implement the said order and prays to this Hon'ble NGT under its unfettered powers order for the demolition of areas covered in the above mentioned I.A No.2269 of 2007 of Haryana Urban Development Authority (HUDA) which are held as areas of forest since these are covered under PLPA Act and also as per direction as per Para 140 of Order of Hon'ble Supreme Court since construction on these areas were carried out after 18th August 1992 the date on which PLPA Act came into force in State of Haryana. The necessary orders may kindly be passed in this regard.

B. Direct the respondent authorities to maintain the status as per order of the Hon'ble Supreme Court and free from any encroachments"

From the prayers as noted above as also the averments made in the application, it is evident that the applicant's grievance is regarding non-compliance of the orders of Supreme Court passed in Writ Petition No. 4677 of 1985, M.C Mehta vs. Union of India, wherein, various orders have been passed from time to time.

In the present case, the grievance is that the order passed on I.A No. 2269 of 2007 has not been complied with. If that is so, in our view, remedy lies before Supreme Court since neither this Tribunal has power to act as executing court for orders of Supreme Court passed in the matters pending before it nor we can assume jurisdiction of contempt of the orders of the Supreme Court which is rested in the Supreme Court itself under Article 129 of the Constitution. Our jurisdiction is governed by the provisions of the NGT Act, 2010 which does not include a matter where execution of an order passed by Constitutional Court is raised.

The Application is accordingly disposed of with the liberty to the applicant to avail appropriate remedy in appropriate forum.