R. L. Sharma vs New Okhla Industrial Development Authority & Others

This  is  a  Miscellaneous  Application  filed  by  Mr.  R.L. Sharma, Applicant in Original Application No. 93/2017 with the request that Execution Application No. 38/2019 be revived since order passed in Original Application has not been fully complied by the authorities concerned.

We find that a grievance was raised by applicant in OA 93/2017 that there is some encroachment made by builder and some other persons causing damage to environment and therefore, the said encroachment be directed to be removed, by Noida Authorities. The OA was considered on 14.08.2018 and it was disposed of by directing Noida Authorities to remove such encroachment. An execution application was filed that Noida Authorities have not taken appropriate action whereupon notices were issued to District Magistrate and Noida Authority seeking their report. In reply thereof, Noida Authority submitted its report dated 27.01.2020 stating that part of the encroachment has already been removed and remaining is in the process of removal. When the matter was next taken up, none appeared on behalf of the applicant. considering reply of Noida Authority, Tribunal observed that authorities, since, are already in the process of complying with Tribunal's order, application was disposed of observing it is possible that remaining encroachment has already been removed and for the reason thereof none has appeared on behalf of applicant. Tribunal further observed, if remaining encroachment has not been removed and applicant is still aggrieved, it is open to the applicant to take his remedies.

This application has been filed seeking revival of earlier execution application on the ground that Tribunal gave liberty to the applicant to take his remedy if entire encroachment has not been removed.

In our view, if order passed by Tribunal in Original Application has not been complied by the concerned authorities, and reply submitted by them did not disclose full and correct facts, it amounts to breach/disobedience of the order of Tribunal and applicant has remedy to file an application/complaint under Section 26 of National Green Tribunal Act, 2010. When pointed out, applicant's Counsel stated that he may be given liberty to avail the said remedy. In view thereof, this application is disposed of observing that the applicant has liberty to avail the appropriate remedy before appropriate forum.