Discharge of untreated sewage and effluent water by industrial units not only harms aquatic life but also people who are living around the river. The polluted water of the Yamuna river is causing major health issues to adults and children who are inhabiting its bank.
National Green Tribunal is an apex body designed to look into cases of Environmental hazards caused by industries and people.
NGT has the power to execute its order as a decree of a civil court under section 25 and has the power to impose penalty under section 26.
In the case of Sushil Raghav versus Union of India and Others, the court allowed the appeal and set aside the impugned order of the Tribunal dated 1 November 2021. Execution Application No 33 of 2021 is restored to the file of the National Green Tribunal. 8 The Tribunal shall take up the application under Section 25 and consider what orders would be necessary to effectuate the original order dated 19 March 2021 of which execution was sought.
A bench composed of Chief justice DY Chandrachud and Justice PS Narashimha and Justice JB Pardiwala has mentioned that NGT has the power to enforce its order.
We are of the considered view that the observation of the Tribunal that there was no case for executing the earlier order under Section 25 is misconceived. The Tribunal is entrusted with the wholesome power to ensure that its orders are complied with. The absence of sewerage facilities is an important aspect which would merit the exercise of powers by the Tribunal under Section 25.
The invocation of the power to levy a penalty under Section 26 will not necessarily sub-serve the purpose.