Pursuant to its Execution Application order of November 2017 where the National Green Tribunal (NGT) had asked the Ghaziabad district administration to clear all encroachments—in the forms of houses—from Arthala Lake Khasras, and the dilly-dallying by the local administration, the NGT had given a landmark verdict, wherein it had asked the District Judge of Ghaziabad to direct the appropriate civil court to carry out its order of removal of these encroachments under Section 25(2) of the NGT Act 2010. This section empowers the NGT to give an order or award made by it to a civil court that has to execute the order or the award.
Thus, the long-pending issue of encroachments over Arthala Lake Khasras shall now be executed by a Ghaziabad court.
Petitioner Sushil Raghav said that this is probably for the first time such an order has been passed by the Tribunal. He said that the order is likely to usher in more efficiency in the execution of the NGT order for removal of encroachments.
Notably, through its order of September 20, 2016 the NGT had concluded that Khasra Nos 948, 514, 1419, 1316, 1422, 1445, 1446 and 1456 are part of Arthala Lake in Ghaziabad and these find place in the revenue records.
The Ghaziabad administration, noted the NGT, had so far failed to remove these encroachers despite the lapse of more than 3 years. The order states that “once order has been passed by this Tribunal which has attained finality, the same ought to be executed by the District Magistrate, Ghaziabad and pond should be restored.”
While exercising its powers under Section 25(2) the NGT stated that “the issue is of individual encroachments which can be also dealt with by the Civil Court, having local jurisdiction in terms of section 25(2) of the NGT Act, 2010. This will be convenient for the parties also.”