Supreme Court says it isn't an execution court for tribunals' orders

Supreme Court says it isn't an execution court for tribunals' orders

The Apex Court refused to entertain a plea for implementing the National Green Tribunal order on the expansion of Telangana's Kaleshwaram Lift Irrigation Project

The Supreme Court has made it categorical that it is not an execution court for implementation of orders of any tribunal.

The Court's stand was explained on 26 February 2021 when a bench headed by Chief Justice S.A. Bobde refused to entertain a plea seeking implementation of the National Green Tribunal (NGT) order on the expansion of the Kaleshwaram Lift Irrigation Project in the southern Indian state of Telangana. Justices A S Bopanna and V Ramasubramanian were other members of the bench.

The plea was filed by petitioners Thummanapally Srinivas and others. The bench allowed senior advocate Colin Gonsalves who represented the petitioners to withdraw the petition with liberty to take appropriate remedies in accordance with the law.

"Prayer is allowed. Accordingly, the writ petition is dismissed as withdrawn with the liberty aforesaid," the bench said.

The plea had sought the Apex Court's intervention in the implementation of NGT's 20 October 2020 order.

The plea said that the respondents failed to implement the directions of the NGT which directed the Ministry of Environment and Forests (MoEF) to constitute the seven-member expert committee and suggest relief and rehabilitation measures to be adopted.

The MoEF has set up a committee consisting of members of the Experts Appraisal Committee but it has not issued any show-cause notice/directions to the State of Telangana for committing violations and further expanding the project without Environment Clearance, the plea said.

The NGT in its order had said that environmental clearance was granted to the Kaleshwaram lift irrigation project in Telangana "ex post facto" in violation of legal requirements and formed a committee to assess the damage caused and suggest restoration measures.

The plea alleged that the Telangana State and Kaleshwaram Lift Irrigation Corporation have been undertaking construction activities in violation of the NCT judgment and directions of the Union Ministry of Jal Shakti. This, the plea stated, was causing damage to the environment, lands of petitioners and other similarly situated persons in total violation of the rule of law while going ahead with the construction work