This execution application regarding environmental orders on ban of synthetic kite threads was dismissed. The court held that the order of 21.01.2020 was interim and interlocutory, lacking any final direction enforceable through this application.
The Execution Application (IA No. 65/2024) and Miscellaneous Application (MA No. 13/2024) are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 02
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Execution Application No. 7/2024 In Original Application No. 384/2016 (IA No 65/2024 & MA No. 13/2024)
Khalid Ashraf Applicant Versus Union of India & Ors. Respondent(s)
Date of hearing: 07.02.2024
CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Puneet Kansal, Adv. for Applicant in E.A 07/2024 (Through VC)
ORDER
2. According to the applicant, the directions are not being enforced. Several accidents have taken place resulting in deaths or accidents, including death of a four-year girl in Delhi. Prohibited thread continues to be manufactured, sold and used. There are casualties of birds from time to time in different parts of the country. A lady doctor died in Pune and an engineer died in Mumbai.
3. In view of the above allegations, we consider it necessary to require CPCB to ascertain the status of compliance of the said directions from all the States/UTs and furnish a consolidated report to this Tribunal within three months by e-mail at [email protected]. All the States/UTs may furnish such information to the CPCB within one month.
1
A copy of this order be sent by e-mail to the CPCB, Chief Secretaries of all States/ UTs, SPCBs and PCCs by e-mail.
List for further consideration on 19.05.2020.”
Prakash Shrivastava, CP
Dr. A. Senthil Vel, EM
February 07, 2024 Execution Application No. 7/2024 In OA No. 384/2016 (IA 65/2024 & MA 13/2024) DV.
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2 issues framed by the court
Whether the execution court can enforce the direction of the order dated 21.01.2020 which was interlocutory in nature and did not contain a final directive.
Whether non-compliance with the order of 21.01.2020 regarding prohibition of illegal synthetic thread warrants enforcement of the present application.
Khalid Ashraf
Union of India
Prakash Shrivastava
Dr. A. Senthil Vel
As recorded by the court registry
An application to execute or enforce a tribunal order.
Judgements on the same questions, provisions and authorities, from every court
