Mandakini Badh Prabhavit Samiti vs L & T Uttaranchal Hydropower Ltd. & Ors

The applicant has  sought compensation of  ₹8,94,10,000/- from respondent no. 1, L&T Uttaranchal Hydropower Ltd. (project proponent – PP), on account of damage to their houses due to blockage and breaking of Singoli-Bhatwari Hydro Electric project of the PP on river Mandakini, in Uttrakhand during the disastrous flood event of June, 2013. It has claimed further amount of ₹4,14,00,000/- for the mental agony and hardship faced by the flood victims in reconstructing the houses.

The application was dismissed earlier as the applicant did not pay court fee as required under the Rules. The Tribunal had exempted 64 victims from paying the requisite Court fee while the remaining 51 were given time for payment but they defaulted. The Tribunal noted that compensation of ₹7,00,000/- had already been granted to each of the victims and there was no material to substantiate the additional claim for compensation. The said order having been set aside on appeal by the Hon’ble Supreme Court, the Application was restored for adjudication afresh.

Vide order dated 10.12.2021, the Tribunal further considered the matter. Though there was no material placed on record by the applicants to substantiate their claim, reliance was placed on report of the Expert Committee headed by Dr. Ravi Chopra set up by Hon’ble Supreme Court in Civil Appeal No. 6736/2013, titled “Assessment of the Environment Degradation and Impact of Hydro Electric Project Report during June 2013 in Uttarakhand” to the effect that damage was caused to the victims on account of activities of the PP and judgment of this Tribunal dated 19.08.2016 in OA No. 03/2014, Srinagar Bandh Aapda Sangharsh Samiti & Anr. v. Alaknanda Hydropower Co. Ltd. & Ors., wherein higher compensation was awarded to the victims affected by the activities of the Alaknanda Hydro Power Co. Ltd. The Tribunal sought response from the PP, the State of Uttarakhand and MoEF&CC.

Accordingly,  counter  affidavits  have  been  filed  by  the  State  of Uttarakhand and the PP. Stand of the State is that compensation of Rs. 7 lakhs each has already been paid towards loss of property to the flood victims and there was no material to sustain higher compensation. The stand of the PP is that the report relied upon is not by the Committee but individual views of some members. There is no material to hold that it was liable for the damage in June, 2013 Uttarakhand Flood Event, which was an ‘act of God’. Two members of the same Committee gave separate report in favour of the PP being “Report on Uttarakhand Disaster & Hydropower  Projects”,  as  per  judgment  of  the  Supreme  Court  dated 13.08.2013, signed by Chairman, CWC and Chief Engineer, CEA.

The applicant has filed rejoinder to the effect that report of CWC and CEA, relied upon by the PP was rejected by the Hon’ble Supreme Court as other Members gave separate report in favour of the Applicant. Subsequently, another four Member Committee appointed by the Hon’ble Supreme Court has given its report.

The matter was further considered on 15.07.2022. In view of the fact that the Hon’ble Supreme Court is yet to take a final view about the constitution of another Committee in the matter, the application was adjourned sine die.  Operative part of the order is reproduced below:-

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We have heard learned Counsel for the parties and perused the record.

We  find  that  order  of  the  Hon’ble  Supreme  Court  dated 07.04.2014 relied upon by the applicant shows that the matter was adjourned to examine the reports and to decide whether any other Committee should be appointed. We are informed that decision in the matter is yet to be taken by the Hon’ble Supreme Court.

In view of above, at present there is no material in support of the Applicant. Thus, either the Application has to be dismissed in absence of any material to substantiate further claim or to adjourn the matter sine die to await decision of proceedings pending before the Hon’ble Supreme Court. We adopt second course. Adjourned sine die.”

I.A. No. 15/2023 has been now filed for clarification of order dated 15.07.2022 by stating that reliance by the applicant on Ravi Chopra Committee is only for collateral purpose and pendency of the said matter before the Hon’ble Supreme Court should not be a ground to keep the matter pending before this Tribunal.

While we do not find any merit in the application for clarification which is in the nature of seeking review and contrary to the stand of the applicants themselves as noted in earlier orders of this Tribunal, referred to above, we have considered the alternative prayer of learned Counsel for the applicants that the matter need not be kept pending by the Tribunal to await proceedings before the Hon’ble Supreme Court and the application be disposed of in the light of available material.

In view of earlier orders of the Tribunal, noted above, there being no material to substantiate the claim of the applicants for further compensation, over and above the compensation already granted, the application will stand rejected without prejudice to remedy in the light of orders of the Hon’ble Supreme Court in the pending matter, if so advised.

All pending I.A.s also stand disposed of.