Jaipur Development Authority vs The State Of Rajasthan

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7018 OF 2022

JAIPUR DEVELOPMENT AUTHORITY ...Appellant(s)

Vs.

STATE OF RAJASTHAN & ORS. ...Respondent(s)

J U D G M E N T

ABHAY S.OKA, J.

Heard the learned counsel appearing for the parties.

2. The challenge in this appeal is to the judgment and

order dated 25th April, 2022 passed by the National Green

Tribunal. There is a finding recorded by the National Green

Tribunal that STP operated by the appellant was

non-compliant for a period of 135 days. In the appeal,

there is no challenge to the said finding. The challenge is

to the quantification of compensation payable by the

appellant of Rs.2,00,00,000/- (Rupees two crores) by way of Signature Not Verified

interim Digitally signed by Anita Malhotra measure. The Committee of Experts proposed Date: 2023.08.11 16:36:17 IST Reason: compensation of Rs.33,75,000/- (Rupees thirty three lakhs

Civil Appeal No.7018 of 2022 Page 1 of 3 seventy five thousand) which the appellant has deposited,

pursuant to the interim order passed by this Court.

3. After having perused paragraph No.8 of the impugned

judgment, we find that there is absolutely no reason

recorded by the Tribunal for coming to the conclusion that

the appellant is liable to pay a sum of Rs.2,00,00,000/-

(Rupees two crores) towards the interim compensation. The

Tribunal has not given reasons why the compensation

suggested by the Committee of Experts should not be

accepted. The Committee had suggested that the interim

compensation should be quantified at Rs.33,75,000/- (Rupees

thirty three lakhs seventy five thousand). The learned

counsel appearing for the appellant stated that there are

further reports filed by the Committee and the National

Green Tribunal is monitoring the compliance.

4. As no reasons have been recorded for arriving at a

figure of Rs.2,00,00,000/- (Rupees two crores), we propose

to remand the case to the National Green Tribunal for

reconsideration of the quantum of interim compensation

amount payable by the appellant.

5. Accordingly, we set aside only that part of the

paragraph 8 of the impugned judgment by which a direction was

given to the appellant to deposit a sum of Rs.2,00,00,000/-

(Rupees two crores) by way of interim compensation.

Civil Appeal No.7018 of 2022 Page 2 of 3

6. We direct the Tribunal to decide the issue of quantum

of interim compensation afresh after hearing the parties.

7. The learned counsel appearing for the appellant

states that a sum of Rs.33,75,000/- (Rupees thirty three

lakhs seventy five thousand) has been deposited by the

appellant with the District Magistrate, Jaipur, Rajasthan.

Till the adjudication is made by the National Green Tribunal

on the amount of interim compensation payable by the

appellant, the sum of Rs.33,75,000/- (Rupees thirty three

lakhs seventy five thousand) shall be treated as interim

compensation.

8. The appeal is accordingly partly allowed.

9. We request the Tribunal to decide the issue of

payment of interim compensation as expeditiously as

possible.

..........................J. (ABHAY S.OKA)

..........................J. (SANJAY KAROL)

NEW DELHI;

August 09, 2023.

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