Manoj Mishra v. Delhi Development Authority & Ors.

Item No. 02

This case has been listed for direction with regard to our order dated 31st May, 2016 which requires some clarification.

We have heard the Learned Counsels appearing for the parties. The Learned Counsel appearing for the Foundation submits that they had approached DDA to deposit an amount of Rs. 4.75 Crores, as directed in terms of the order dated 11th March, 2016 and 31 May, 2016. However, the DDA wanted cheque/deposit to be made in a particular account. According to the Learned Counsel appearing for Foundation submits that directions are to pay the amount in the name of DDA which is a Statutory Body. Further he states that they would transfer the amount during the course of the day or in any case by 04 June, 2016 positively by RTGS or by Bank Draft. He further requests that it may be clarified that if the aforestated amount is deposited then the order of attachment of the amount payable to Ministry of Culture, Government of India may not be executed.

We find substances in this submission. We, therefore, clarify that the remaining amount of Rs. 4.75 Crores shall be deposited by Foundation, by way of RTGS or by Bank Draft positively on or before 04 June, 2016, as stated at Bar upon the instruction from the office bearer present in the Tribunal. If the said amount is paid then the attachment of the amount with the Ministry of Culture and Tourism, Government of India will not be in force and it shall stand vacated automatically.

Next clarification relates to the cost of Rs. 5,000/-, as to whom it should be paid. Let the cost of Rs. 5,000/- be paid to NGT Bar Association and the same be used by the Association for the betterment of services in the Bar Association Room.

The inspection committee constituted by this Tribunal, with addition of members hereinafter stated, shall conduct inspection positively before 10 June, 2016 and submit a complete and comprehensive report to the Tribunal. This direction is necessitated for the cause that the rainy season would set in shortly. If the rain comes the entire purpose of inspection would stand defeated. It would cause a great prejudice to either of the parties to the lis before us. The committee will consist of:

1. Mr. Shashi Shekhar (IAS), Secretary Water Resources.

2. Senior Scientist from the field to be nominated by the Director NEERI. Nomination would be made today itself.

3. Mr. Rajinder Mohan Liberhan former Central Defence Accountant.

4. Professor A.K Gosain, I.I.T, Delhi.

5. Prof. Brij Gopal

6. Professor A.A Kazmi

7. Professor C.R Babu.

All the members of the Committee shall be granted benefits as per Government Rules.

The committee would give complete report, in terms of the Judgment, if there has been any environmental damage and degradation; in relation to the environmental compensation payable in that behalf and compensation payable for restoration of the flood plain etc.

This report be submitted to the Tribunal in a sealed cover positively by July 4, 2016. The Learned Counsel appearing for the Foundation submits that instead of 4 July, 2016 the matter be listed on 19 July, 2016 when it may be finally heard. The Learned Counsels for other side have no objections.

Consequently, we direct that the entire matter be listed for final disposal on 19 July, 2016.

The case will not be listed on 04 July, 2016 as the date has been fixed on 19 July, 2016. The date of 02nd August, 2016 is pre-poned and the date of 04 July, 2016 stands cancelled.