The appellant had moved the Supreme Court seeking directions to execute an NGT order passed in 2021 regarding remedial action to tackle the discharge of untreated sewage and effluents being discharged in stormwater drains in Ghaziabad.
Earlier, the appellant had moved the NGT with an execution application on the same issue.
However, the NGT noted that the issue had already been dealt with in an earlier order passed in January 2021, which related to remedial action to tackle water pollution in the Yamuna river and connected drains and tributaries in Delhi, Haryana, and Uttar Pradesh. In a March 2021 order, the NGT also passed a slew of directions on such issues.
One such direction was to take an independent assessment of flow in all the drains reaching Yamuna within two months. Further, the NGT had also directed that an action plan to be submitted for setting up Sewage Treatment Plants (STPs) within definite and monitorable timelines.
As such, in November 2021, the NGT declined to entertain the execution application filed by the appellant under Section 25 of the NGT Act.
The NGT opined that there was no case for taking recourse to its powers under Section 25, and added that the appellant could have sought the remedy provided under Section 26. Section 26 deals with the penalty for failure to comply with the orders of the NGT.
Source: Barandbench
