ORDER

1. From the side of the applicants, learned counsel Mr. Aditya Pratap has appeared through video conferencing and drawn our attention to the additional affidavit dated 12.04.2023 wherein it is submitted that respondent Nos.6 and 7 – private respondents have deposited an amount of Rs.40 lakhs on 11.08.2017 with respondent No.5 – Lonavala Municipal Council in accordance with this Tribunal’s order dated 28.02.2017, whereafter a telephonic conversation was initiated by the Chief Officer, Lonavala Municipal Council with applicant No.2 – Ashish Vaid. During this call, a request was made by the Chief Officer, Lonavala Municipal Council to applicant No.2 for seeking quotations from M/s Genstru Consultancy Pvt. Ltd. for providing consultancy services for design of retaining structure at Vikas Valley Plot Khandala. Pursuant to the same, an offer was made by M/s Genstru Consultancy Pvt. Ltd. on 17.08.2017 of providing consultancy services for the said work. Respondent No.5 – Lonavala Municipal Council wrote a letter dated 30.08.2017 to their counsel (Lonavala Municipal Council’s counsel), informing him about deposit made by Mr. M.L. Gupta (respondent No.7) on 11.08.2017 and thereby asking him to seek approval from National Green Tribunal for appointing M/s Genstru Consultancy Pvt. Ltd. for the purposes mentioned in the letter, to pay its fee from the funds kept to meet the expenses to be incurred for restoration of the area. M/s Genstru Consultancy Pvt. Ltd. raised invoice dated 31.03.2018 to the tune of Rs.2,95,000/-. M/s Genstru Consultants Pvt. Ltd. invoked the said invoice dated 31.03.2018 pursuant to the work done related to the said judgment dated 28.02.2017 to restitute the area of garden/open plot No5, as per the sanctioned layout. On receipt of the said invoice, Vikas Valley CHS Ltd. wrote a letter to the Chief Officer, Lonavala Municipal Council on 12.04.2018 for disbursing the said amount to M/s Genstru Consultancy Pvt. Ltd. from out of Rs.40 lakhs deposited by respondent Nos.6 and 7 with respondent No.5 – Lonavala Municipal Council. On 03.08.2018, telephonic discussion took place between the Chief Officer, Lonavala Municipal Council and applicant No.2 whereby the Chief Officer requested applicant No.2 to disburse the advance payment in the name of Vikas Valley Plot, Khandala, in the meanwhile, to M/s Genstru Consultancy Pvt. Ltd. and assured reimbursement of the said amount to Vikas Valley CHS Ltd. from Lonavala Municipal Council. Therefore, in the hope that speedy restoration of the area would be done, on the assurance by the Chief Officer, Lonavala Municipal Council, the Society i.e. Vikas Valley CHS Ltd., Khandala released an amount of Rs.1,08,000/- to M/s Genstru Consultancy Pvt. Ltd on 14.08.2018. Therefore, it is prayed that the said amount of Rs.1,08,000/- should be reimbursed to Vikas Valley CHSL.

2. The copy of this additional affidavit has been served upon all other parties/respondents but no written objections have been filed against this by respondent Nos.6 and 7 (Madan Lal Gupta – respondent No.7 is said to have died), but respondent No.5 – Lonavala Municipal Council has submitted their response to this by filing an affidavit dated 09.05.2023 wherein it is submitted that respondent No.5 must pay M/s Genstru Consultants Pvt. Ltd. an amount of Rs.1,77,000/- and further an amount of Rs.1,08,000/- to the applicants, which should not be allowed to be paid as they are not entitled for the said reliefs. It is further mentioned in this reply that Vikas Valley CHS Ltd. had written to M/s Genstru Consultants Pvt. Ltd. on 18.11.2017 that respondent No.5 – Lonavala Municipal Council had already requested the National Green Tribunal for approval to pay the amount (fees of Rs.2.50 lakhs). However, in the event the Lonavala Municipal Council does not pay the said fees, the society Vikas Valley CHSL would pay the same to M/s Genstru Consultants Pvt. Ltd. Therefore, the plea of reimbursement to the tune of Rs.1,77,000/- to