Dismissed

Misc Application in disposed of cases No. 13/2024 in Execution Application No. 6/2020 of Khalid Ashraf v. Union of India

NGT7 Feb 2024Misc Application in disposed of cases No. 13/2024 in Execution Application No. 6/2020

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an execution application filed by Khalid Ashraf seeking enforcement of an interlocutory order dated 21.01.2020. The Tribunal held that the order directed only the CPCB to ascertain compliance status and did not issue final directions enforceable in execution proceedings.

What the court decided

AI extract

Misc Application in disposed of cases No. 13/2024 in… — Environment and Pollution | NGT (2024)

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Item No. 02

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Execution Application No. 7/2024 In Original Application No. 384/2016 (IA No 65/2024 & MA No. 13/2024)

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Khalid Ashraf Applicant Versus Union of India & Ors. Respondent(s)

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Date of hearing: 07.02.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Puneet Kansal, Adv. for Applicant in E.A 07/2024 (Through VC)

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ORDER

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This Execution Application has been filed alleging non-compliance of the order dated 21.01.2020 passed in Execution Application No. 06/2020 in OA No. 384/2016. The Tribunal had passed the following order on 21.01.2020 in EA No. 06/2020:

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“1. This application seeks enforcement of order of this Tribunal dated 11.07.2017 prohibiting use of thread made of nylon, synthetic material and/or coated with synthetic substance which is non-biodegradable for kite flying. This Tribunal noted its adverse impact on wildlife and human health and directed prohibition of manufacture, sale, storage, purchase and use of such thread. The direction was to be enforced by the Chief Secretaries of all the States/UTs through the respective District Administration.

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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.

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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.

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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.

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List for further consideration on 19.05.2020.”

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The above order was interlocutory in nature wherein no final direction was issued. The only direction in the above order was to Central Pollution Control Board (CPCB) to ascertain the status of compliance of the earlier direction from all the States/Union Territories and furnish a consolidated report within a time bound period and the matter was fixed for further consideration on the next date. The Applicant does not have any complaint against the CPCB in respect of furnishing of status of compliance in terms of the said direction.

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The Applicant in this execution application has raised the issue that illegal chines/synthetic thread is still used in kite flying, but in the order dated 21.01.2020, there was no such direction in this regard.

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Hence, we do not find any ground to entertain the present execution application for compliance of order dated 21.01.2020.

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The Execution Application is accordingly dismissed.

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In view of above, IA No. 65/2024 and MA No. 13/2024 also stand disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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February 07, 2024 Execution Application No. 7/2024 In OA No. 384/2016 (IA 65/2024 & MA 13/2024) DV.

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Misc Application in disposed of cases No. 13/2024 in Execution Application No. 6/2020 of Khalid Ashraf v. Union of India

Case brief

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Misc Application in disposed of cases No. 13/2024 in Execution Application No. 6/2020 of Khalid Ashraf v. Union of India

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