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

This application seeks restoration of OA No. 485/2017, in view of the order of Hon'ble Supreme Court dated 03.09.2021 in Civil Appeal No. 5113/2021, Mandakini Badh Prabhavit Samiti v. L and T Uttaranchal Hydropower Ltd. & Ors. The said OA was earlier disposed of by this Tribunal on 26.9.2019. Order of the Hon'ble Supreme Court is as follows:

"When the appeal was moved before this Court vide order dated 14.10.2020, the claimants were directed to deposit the Court fees within two weeks in the Registry of this Court. The said order read thus:

"The appellant is willing to abide by the directions issued by the National Green Tribunal qua the 51 claimants, to deposit the court fees as per Rule 12(1) of the National Green Tribunal Act (Practice and Procedure) rules, 2011, within two weeks from today, in the Registry of this Court.

To ascertain their bona fides, we permit them to do so.

It is made clear that if any named appellant(s)/claimant(s) (out of 51 noted by the Tribunal) fail to deposit the amount, their claim/application shall abide by the rejection order passed by the Tribunal, which is under challenge in this Court. List the matter after two weeks"

The permitted time was extended by subsequent order. Now, the recent office report circulated by the Registry indicates that all the appellant(s) have deposited the requisite Court fees amount in the Registry of this Court.

In the interest of justice and by way of indulgence, and, more particularly, considering the fact that the appellant(s) is espousing the interest of the claimants affected by the floods in question, we deem it appropriate to condone the delay in filing the requisite court fees.

The impugned judgment and order is, therefore, set aside. Instead the application for extension of time to deposit the requisite court fees being I.A. No. 624 of 2016 is allowed in terms of this order. As a result of which, the original application No. 485 of 2017 gets revived and the same is remitted back to the Tribunal for being decided on it its own merits and in accordance with law.

The amount deposited in the Registry alongwith interest, if any, shall immediately be transferred to the account of Original Application No. 485 of 2017 of the National Green Tribunal.

All contentions available to both sides are left open, including the request of the respondent-State to delete the name of State from the array of parties.

We are not expressing any opinion on the merits of the controversy which needs to be answered/adjudicated by the Tribunal on its own merit."

In view of above, the OA stands revived. MA is disposed of.

We have taken up the OA for consideration on merits. In the said OA, 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 the Singoli-Bhatwari Hydro Electric project on river Mandakini, during the disastrous flood event of June, 2013 and further amount of ₹4,14,00,000/- for the mental agony and hardship faced by the flood victims in reconstructing the houses. The applicant did not pay court fee as required under the Rules. However, the Registrar General of this Tribunal exempted 64 from paying the requisite Court fee and the remaining 51 were given time. On failure, the application was dismissed. Apart from noting the default in payment of court fee, the Tribunal observed that compensation of ₹7,00,000/- had already 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, we have considered the matter afresh.

Learned Counsel for the applicant has drawn our attention to the report of the Expert Committee headed by Dr. Ravi Chopra setup by Hon'ble Supreme Court in Civil Appeal No. 6736/2013. The report is titled "Assessment of the Environment Degradation and Impact of Hydro Electric Project Report during June 20013 in Uttarakhand." It is stated that the said report finds that damage was caused to the victims who are represented by the applicant. Damage was on account of activities of the PP. Further reliance has been placed on certificates issued by the Gram Pradhan about the area of the houses and amount of loss suffered based on the size of the houses. It is submitted that the said material needs to be verified and on that basis compensation enhanced. Reliance has also been placed on the 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. in similar circumstances.

In view of above, we consider it appropriate to issue notice to respondents, L&T Uttaranchal Hydropower Ltd., State of Uttarakhand and  MoEF&CC  by  email.  Response,  if  any,  may  be  filed  within  one month.

List the OA for further consideration on 11.02.2022.