JAIPUR DEVELOPMENT AUTHORITY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) The challenge in this appeal is to the judgment and order dtd. 25/4/2022 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.2,00,00,000.00 (Rupees two crores) by way of interim measure. The Committee of Experts proposed compensation of Rs.33,75,000.00 (Rupees thirty three lakhs 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.2,00,00,000.00 (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.33,75,000.00 (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.