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Judgment
This execution application has been filed by the Applicant seeking compliance of the order dated 27.11.2018 passed in OA No. 752/2018 as also the order dated 10.02.2020 passed in Execution Application No. 34/2019.
OA No. 752/2018 was entertained on the basis of the letter petition sent by the Applicant alleging illegal scrap business at New Ashok Nagar, Delhi – 96. The Tribunal had disposed of the OA by order dated 27.11.2018 by directing the Deputy Commissioner, EDMC as under:
“Averments in the letter, which has been treated as an application, are that illegal scrap business is being done at New Ashok Nagar, Delhi – 96. The scrap business relates to old iron, plastic, rubber, tyre and fiber sheets.
The East Delhi Municipal Corporation was approached vide the letter dated 20.09.2017. The issue was closed with the observation that the same was not an issue of Public Health.
The DPCC, instead of taking any action forwarded the complaint to the Deputy Commissioner (EDMC).
In view of the above, we direct Deputy Commissioner, EDMC to look into the matter and take action in accordance within one month from date of receipt of a copy of this order.
The applicant is given liberty to furnish a set of papers and copy of this order to the Deputy Commissioner for further action.
Needless to say that order of National Green Tribunal is binding as a decree of Court and noncompliance is actionable by way of punitive action including prosecution, in terms of the National Green Tribunal Act, 2010.
The application is disposed of.
The petitioner had again approached the Tribunal by way of Execution Application No. 34/2019 seeking execution of the order passed in OA. The Tribunal had disposed of the said execution application by order dated 10.02.2020 to the following effect:
“1. The issue for consideration is the remedial action against illegal scrap business at New Ashok Vihar, Delhi-110096 resulting in violation of environmental norms.
The Tribunal considered the matter on 27.11.2019 as follows:
“3. East Delhi Municipal Corporation (EDMC) has filed a status report date 25.11.2019 to the effect that there were 20 scrap dealers. Show cause notices were given to them for violation. Four shops were sealed. The remaining shops were either vacant or had stopped the scrap dealing activity.
The applicant in person disputes the stand of the EDMC.
In view of above, let the Delhi Pollution Control Committee (DPCC) verify the factual position and furnish a report within one month by e-mail at [email protected]. The applicant may also be associated with further report. He may furnish a set of papers to DPCC.”
In view of above, a further report has been filed on 28.01.2020 that during inspection on 27.01.2020, no scrap activity was found.
In view of above, no further order is necessary.
The application is disposed of.”
The above order passed in Execution Application No. 34/2019 reflects that the direction issued in OA No. 752/2018 was complied with.
The Applicant has now again approached the Tribunal after about four years seeking compliance of the orders passed in OA and EA.
In the circumstances of the case noted above and considering the fact that the order passed in OA No. 752/2018 was duly complied with and accordingly earlier EA was disposed of and no grievance was raised against that order, we are of the view that filing of another execution application again is not the proper remedy.
Hence, the execution application is dismissed.