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Judgment
This application seeks enforcement of order of this Tribunal dated 06.08.2021 in O.A No. 194/2021, Vineet Kumar Yadav v. State of Haryana & Ors. which is reproduced below:-
“1. Grievance in this application is against encroachment of green belt on both sides of the roads as well as in front of or adjacent to plots/homes within the area of Palam Vihar, Gurugram. Further grievance is of concretization around the trees in the same area in violation of order of this Tribunal dated 23.04.2013 in OA 82/2013, Aditya N. Prasad v. Union of India & Ors.
None appears for the applicant. We have considered the matter.
As regards the encroachment on green belts, the application is vague as it mentions that several business houses have done the encroachment. Neither the alleged encroachers have been impleaded as party nor the date of encroachment is mentioned so as to determine whether the application is within prescribed limitation, within which this Tribunal can take action. Thus, the Tribunal cannot go into the matter. However, the applicant is not debarred from approaching concerned authorities with all the relevant particulars of encroachment.
As regards the concretization of trees, since this Tribunal has already directed removal of concretization within one meter radius of the trunk of trees so that growth of the trees is not obstructed, we direct the Municipal Corporation, Gurugram to take appropriate action in the matter in coordination with the Forest Department, Gurugram. A joint meeting for the purpose be held within one month and action plan prepared for the purpose. Thereafter, further action be taken in accordance with law.
The application is disposed of.”
According to the applicant, no steps have been taken for compliance of the order for which the State Authorities are required to be held accountable.
In view of provisions of Section 25 (2) of the NGT Act, 2010, we direct that a copy of the order dated 06.08.2021 be forwarded by the Registry to the District Judge, Gurgaon for entrustment to jurisdictional Civil Court, for execution.
The applicant is at liberty to pursue the matter with the concerned Execution Court, apart from taking any other remedy as per law.
The application is disposed of.