SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(SC) 789

ABHAY S. OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
Katiya Haidarali Ahmadbhai – Appellant
Versus
Sanjeev Kumar Ias – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anand Mishra, AOR
For the Respondent: Ms. Swati Ghildiyal, AOR (Not present), Mr. Ashutosh Dubey, AOR, Mr. Rahul Mishra, Adv., Ms. Rajshri Dubey, Adv., Mr. Amit P. Shahi, Adv., Mr. Rahul Sethi, Adv., Mr. Shashibhushan Nagar, Adv., Mr. Abhishek Chauhan,Adv.

ORDER :

Heard the learned counsel appearing for the appellants. None appears for the respondents.

2. An Original Application was filed by the appellants before the National Green Tribunal (for short, the "NGT"). The Original Application was decided by the NGT, Principal Bench, New Delhi by the order dated 23rd September, 2020. An application styled as an Execution Application was moved by the appellants before the NGT, Western Zone Bench, Pune basically invoking Sections 26 and 28 of the National Green Tribunal Act, 2010 (for short, the "NGT Act"). The allegation in the application is that 15 opponents named in the Execution Application are allegedly guilty of the failure to comply with the order dated 23rd September, 2020 passed by the NGT. By the impugned order, the NGT has come to the conclusion that Execution Application cannot proceed against respondent Nos. 1 to 15 who were not impleaded in their personal capacity in the Original Application. Therefore, a direction was issued to delete their names and implead the original respondents in the Original Application. This is the order impugned in the present appeal.

3. Sections 26 and 28 of the NGT Act read thus:

    "26. Penalty for fail

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top