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Judgment
Heard Shri A.R. Takkar, Advocate assisted by Ms. Unnati Anand, Advocate for appellant.
This is an appeal under section 16 read with section 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) assailing order dated 18.01.2023 passed by State Environment Impact Assessment Authority, Haryana (hereinafter referred to as ‘SEIAA Haryana’) imposing environmental compensation of Rs. 71.50 lakhs for raising construction illegally i.e. beyond what was permitted in Environmental Clearance (hereinafter referred to as ‘EC’)dated 28.05.2013 and in violation of conditions of such EC.
Learned Counsel for appellant initially contended that while imposing above compensation, SEIAA Haryana has followed procedure laid down in Memorandum dated 7.7.2021 issued by Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) without considering relevant aspects.
However, we find that SOP dated 7.7.2021 was not applicable in case in hand, inasmuch as the said SOP was applicable in respect to those applications which were filed within six months pursuant to Notification dated 14.3.2017 and not in all other matters. In the present case, if compensation was to be calculated, they had to follow law laid down by Supreme Court in Mantri Techzone Pvt. Ltd. v. Forward Foundation and Ors. (2019) 18 SCC 494 and Goel Ganga Developers India Pvt. Ltd. v UOI, (2018) 18 SCC 257, and by this Tribunal in various cases inter-alia in Appeal No. 54/2018, H. P. Ranjanna vs. Union of India & Ors. and OA No. 661/2018, Praveen Kakar & Ors. vs. Ministry of Environment & Forests & Ors.
At this stage, learned Counsel for appellant stated that he is not pressing the appeal and may be permitted to withdraw the same.
Learned Counsel for appellant stated that he may be allowed sometime to deposit aforesaid environmental compensation imposed by SEIAA, Haryana. If any time is required for that purpose, appellant may approach SEIAA Haryana to seek appropriate time for deposition and SEIAA Haryana may consider the same independently without influence by dismissal of this appeal.
Without recording any final opinion in the matter, we, therefore, allow the said request and dismiss appeal as withdrawn.
In view of above order, all pending IAs also stand disposed of.