Full Judgment Text
2023 INSC 700
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
th
order dated 25 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 measure. The Committee of Experts proposed
Digitally signed by
Anita Malhotra
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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