National Green Tribunal
Mandakini Badh Prabhavit Samiti vs L&T Uttaranchal Hydropower Ltd on 21 September, 2017
BEFORE THE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No. 485/2017 (M.A. No. 1088/2017) Mandakini Badh Prabhavit Samiti Vs. L & T Uttaranchal Hydropower Ltd. & Ors..
HON'BLE MR. MUKESH KUMAR GUPTA, REGISTRAR GENERAL Present: Applicant Ms. Parul Gupta, Advocate.
Date and Orders of the Tribunal
Remarks
Item No. 1 At 11.30 AM.
September
21, 2017 The Matter has been taken up pursuant to the
order dated 12.09.2017 as passed by Hon'ble Tribunal. The Original application is accompanied by a miscellaneous application under Rule 12 (1) of the National Green Tribunal Act (Practice and Procedure) rules, 2011 read with Order 33 Rule (1) of Civil Procedure Code 1908.
The applicant has claimed the compensation to the tune of Rs.13,08,10,000/- on account of loss suffered by the 115 victims of 2013 floods at district Rudraprayag, Uttrarkhand. The victims are residents of villages Chandrapuri, Bhatwari Sunar, Butol and Gabni, all located in district Rudraprayag. The application has been made under proviso of Rule 12 of National Green Tribunal Act (Practice and Procedure) Rules 2011 seeking exemption from filing the requisite Court Fee of 1% and has provided under Rule 12 of NGT Rules.
It has been informed that 57 victims are below the poverty line (BPL) and other victims are basically indigent people. In so far as 57 victims are concerned, let the copies of their BPL Card duly attested be filed on record within a period of 4 weeks from today.
In so far as the remaining victims are concerned, in terms of Order 33 Rule 1 (A) , they may file their list of affidavit claiming that they are the indigent persons and having no sufficient means to pay the Court Fee in support of their claims.
In so far as the enquiry as stipulated u/o 33 Rule 1A of Code of Civil Procedure, 1908 is concerned, the Authorised Representative of applicant is not present for the purpose of statement u/o 33 Rule 4 of Code of Civil Procedure 1908. Ld. Counsel Ms. Gupta prays for time to present the representative for the purpose of examination. Let her do so by the next date of hearing.
Let 115 victims file their affidavits and documents on record to the fact that they have no sufficient means to pay their requisite Court Fee within 4 weeks from today.
Ld. Counsel Ms. Gupta has informed the court that the details of each victims is provided in Annexure A-1. Issue notice to the SDM concerned for filing his report with regard to their economic status by next date of hearing. Registry is directed to annexe copy of Annexure A-1 alongiwth notice of Tribunal to the SDM concerned, so as to ensure that he makes necessary enquiry and file a comprehensive report preferably in a tabulated form. The Assistant Registrar/Consultant (Judicial) shall communicate the order of Tribunal to the SDM concerned orally also and/ or by e-mail within 3 days from today.
Report be filed by SDM concerned within 4 weeks from today. Ld. Counsel Ms. Gupta stats that besides the aforesaid 57 BPL people, there are 19 other people similarly placed and have their Food Security Cards. Let the same be filed as aforesaid within the aforesaid period itself.
Put up for recording of statement of aforesaid applicant, report of the SDM concerned and consideration of the aforesaid for the purpose of declaration under Rule 12 (1) of the National Green Tribunal Act (Practice and Procedure)rules, 2011 read with Order 33 rule (1) of Civil Procedure Code 1908 on 09.11.2017 as prayed for.
(Mukesh Kumar Gupta) Registrar General 21.09.2017