- (1.) An order has been passed by the National Green Tribunal on 16 July 2021 directing the Municipal Commissioner of the Municipal Corporation of Greater Mumbai to appear in person along with his response and a compliance status in respect of each of the directions which have been issued by the Tribunal in its order dated 14 October 2020. The Municipal Commissioner has been directed to explain why coercive measures under Section 25 of the National Green Tribunal Act 2010 read with Section 51 of the CPC may not be taken to ensure compliance of the order of the Tribunal.
(2.) The NGT was apprised of the fact that notice has been issued by this court on 28 June 2021 in Civil Appeal Nos 923-924 of 2021. However, the Tribunal has taken the view that since there was no stay of its decision, the execution proceedings filed by the first respondent may proceed and hence, the above order has been passed.
(3.) Mr Mukul Rohatgi, learned senior counsel appearing on behalf of the Municipal Corporation submits that though the execution application was filed on 22 June 2021 before this Court issued notice, this court was not apprised of the fact by the first respondent, and on 16 July 2021, an order was passed by the Tribunal without notice to the Municipal Corporation. That apart, it has been submitted that even in the counter affidavit which was filed on 19 July 2021 in these proceedings, there has been no reference to the execution proceedings.;