Shriniwas Rajaram Bachha v. The Union Of India Through The Secretary And Others

2025:BHC-AUG:30266-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 PUBLIC INTEREST LITIGATION NO.69 OF 2023 SHRINIWAS RAJARAM BACHHA

VERSUS

THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS ...

Mr. R.K. Temkar, Advocate for petitioner Mr. R.S. Sarvadnya, Advocate for respondent No.1 Mr. S.B. Narwade, AGP for respondent No.3 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

03rd NOVEMBER, 2025 ORDER :

.

Heard learned Advocate appearing for petitioner. Present Public Interest Litigation was filed to direct the State for implementing the action plans approved by the Central Pollution Control Board, New Delhi as per the directions issued by the Hon'ble National Green Tribunal, Principal Bench at New Delhi on 29.06.2020 in OA No.673/2018 to tackle the problem of large scale Pollution of river stretches and water bodies in India as well as in State of Maharashtra.

37_PIL_69_2023 Learned Advocate for petitioner has taken us through the order passed by Hon'ble National Green Tribunal, which appears to be the suo motu petition and directions have been issued in detail. Now the petitioner contends that that decision has resulted into the action plan by Central Pollution Control Board, New Delhi and that is not implemented in State of Maharashtra.

Learned AGP, who waives notice for respondent No.3, submits that Section 25 of the National Green Tribunal Act specifically deals with execution of awards or orders or decisions of Tribunal. Sub Section (1) of Section 25 provides that an award or order or decision of the Tribunal under this Act shall be executable by the Tribunal as a decree of a Civil Court and for this purpose the Tribunal shall have all the powers of a Civil Court and, therefore, the Public Interest Litigation will not lie. In view of said provision the learned Advocate for petitioner seeks liberty to withdraw the petition for taking appropriate state. The petition stands disposed of with liberty as prayed. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd