IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3869 OF 2022

M/S. SAI YASASVI STONE CRUSHER & $APPELLANT(S)$ $\ldots \ldots$ ORS.

VERSUS

J. NAGESWARA RAO & ORS. RESPONDENT(S) $\cdots$

ORDER

It is accepted that no hearing was granted by the National Green Tribunal¹, Southern Zone, Chennai, to the appellants before us before fixing the quantum of compensation to be paid.

Vide order dated 05.08.2022, while issuing notice, we had noticed the aforesaid submission to the effect that calculations for fixation/assessment of the environmental compensation were never furnished to the appellants and, hence, they did not have any opportunity to contest the quantum of compensation. By the same order, we had directed a stay on the recovery of the compensation amount, subject to the appellants depositing 50% $\mathsf{of}$ the compensation amount with the authorities.

It is stated at the Bar that out of the nine (9) appellants, six (6) have paid 50% of the compensation amount, whereas three (3) of them, namely, M/s. Naimisha Enterprises, M/s. Sri Satya Sai al Suppliers and M/s. P.U.S. Stone Crushers (appellant Nos. 6, 8

<span id="page-0-0"></span> $\mathbf{1}$ Hereinafter, "NGT."

$\mathbf{1}$

and 9, respectively) have not paid 50% of the compensation amount. However, it is pointed out that all the appellants have stopped commercial activities.

In the facts and circumstances of the present case, we pass an order of remand to the NGT to examine the quantum of compensation to be paid. The said exercise will be undertaken after the appellants furnish the full details of their turnovers. In case any of the appellants does not furnish details of turnover or does not appear before the NGT, the NGT will be at liberty to confirm its earlier order.

Recording the aforesaid, the appeal is partly allowed and disposed of in the above terms.

The amount deposited by the appellants would abide by the outcome of the order to be passed by the NGT. This order and direction will only apply to the cases of the nine (9) appellants, who have preferred the present appeal, and not to any other party.

Pending application(s), if any, shall stand disposed of.

..................CJI. (SANJIV KHANNA)

..................J. (SANJAY KUMAR)

NEW DELHI; JANUARY 06, 2025.

2

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No. 3869/2022

M/S SAI YASASVI STONE CRUSHER & ORS. Appellant(s)

VERSUS

J. NAGESWARA RAO & ORS. Respondent(s)

(IA No. 72987/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES and IA No. 72988/2022 - STAY APPLICATION)

Date : 06-01-2025 This matter was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR

For Appellant(s)

Mr. Ravi Prakash Mehrotra, Sr. Adv. Mr. Deepak Goel, AOR Mr. Gopal Chauhan, Adv. Ms. Apoorva Srivastava, Adv. Ms. Aparna Mehrotra, Adv. Mr. Siddharth Joshi, Adv. Ms. Archana Preeti Gupta, Adv. For Respondent(s) Mr. T.V.S. Raghavendra Sreyas, AOR Mr. Siddharth Vasudev, Adv. Mr. Naveen Hegde, Adv.

Mrs. Gayatri Gulati, Adv.

UPON hearing the counsel, the Court made the following O R D E R

The appeal is partly allowed and disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (R.S. NARAYANAN) AR-CUM-PS ASSISTANT REGISTRAR (signed order is placed on the file)