National Green Tribunal
Alpesh Desai vs State Of Gujarat Through Gujarat ... on 3 September, 2024
Item No.4 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)
M.A. No.11/2024(WZ)
In
Original Application No.139/2024(WZ)
Earlier Original Application No.784/2022(PB)
Alpesh Desai
.....Applicant
Versus
State of Gujarat
....Respondent
Date of hearing: 03.09.2024
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Applicant in-person
Respondents : Mr. Maulik Nanavati, Advocate for GPCB
Representative of DFCCIL h/f Office of the
Collector, Valsad
ORDER
1. District Collector, Valsad is being represented today by the representative of Dedicated Freight Corridor Corporation of India Ltd. (DFCCIL) and it is being said that DFCCIL is a necessary party in this application.
2. From the side of applicant, applicant has appeared in-person before us, who has sent us a letter dated 22.07.2024 addressed to the learned Registrar of this Bench, which is annexed at page nos.241 to 243 of the paper book, wherein it is mentioned that as promised, DFCCI were to complete the work of storm water drain and retaining wall before monsoon (but we do not find any such kind of promise/undertaking to have been placed on record by the applicant, if there is any, applicant is Page 1 of 3 directed to place the same on record within seven days). He states that the work has not been started as yet, though monsoon has started. As per the Government Circular dated 12.01.2021, 100% Dilasha (Solecium 100%) is not included in compensation, which was calculated by the Joint Committee. 27 teak wood trees dried up due to water logging and the same has not been taken into consideration by the Joint Committee. The Committee records that there is a significant erosion of the land but the same has not been considered for compensation. Water logging is happening in the applicant's orchard since 2019 because of this, applicant has lost his income for five years, which has not been included in the compensation. The calculation of compensation on account of drying up of trees has been done by the Committee along-with the solutions, to the tune of Rs.75,86,400/-.
3. The learned counsel Mr. Maulik Nanavati representing GPCB has submitted before us that this being a Tribunal to deal with the environmental issues does not have jurisdiction to entertain this kind of relief and hence, this Tribunal should not entertain this kind of prayer.
4. We have gone through the Joint Committee Report, which is annexed at page nos.160 to 171 of the paper book, wherein it is recorded that based on the report dated 12.01.2021 of the Dy. Director, Horticulture Department, Valsad, the value of damaged trees has been estimated to the tune of Rs.29,83,400/-.
5. We have to decide as to whether the prayer for compensation, which is being claimed by the applicant for the damage caused to the trees, can be entertained by us and be awarded to the applicant or not. For this, it would be necessary for us to implead Dedicated Freight Corridor Corporation of India Ltd. (DFCCIL) as one of the respondents in Page 2 of 3 the present application because the said contractor is working under the DFCCIL. Therefore, we direct the Registry to implead DFCCIL as one of the respondents in the present application and place on record an amended memo of the parties in the present application.
6. We also make it clear to the applicant that he will have to proceed under Section 15 of National Green Tribunal Act, 2010 read-with Rule 12 of the NGT (Practice and Procedure) Rules, 2011, which provide for court fees to be paid on the personal compensation to be claimed, if he wants any consideration to be made by this Tribunal regarding the award of personal compensation, within a period of one week.
7. Since representative of DFCCIL accepts notice on behalf of District Collector, Valsad, hence notice is waived against them. They shall file their reply affidavit within a period of four weeks.
8. We direct the Registry to serve a copy of the present application along-with all relevant documents upon all other parties, within a week.
Put up this matter for further consideration on 14.11.2024 Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM September 03, 2024 M.A. No.11/2024(WZ) In Original Application No.139/2024(WZ) Earlier Original Application No.784/2022(PB) P.Kr Page 3 of 3