Alaknanda Hydro Power Company Ltd .vs .Anuj Joshi and Ors .

MANU/SC/0795/2013

Srinagar Hydro Electric Project (SHEP) Project involving construction of concrete gravity dam was granted environment clearance in the year 1985. Question that arose for consideration was whether it would not come under the purview of EIA Notification of 1994 or of 2006, which replaced the EIA Notification of 1994 and also whether its clearance should not be a subject matter of public hearing. Held, the 1994 Notification applies only prospectively and hence in the instant case the environmental clearance cannot be an issue in view of the specific stand taken by the Ministry of Environment and Forest (MoEF) and its orders dated 03.08.2011 to be considered as an ex post facto approval, SHEP is an ongoing project for which environmental clearance was granted in 1985 and forest clearance in the year 1987 and about 95% of the work is already over involving huge investment, If public hearing is found necessary then the same should have held before granting environmental clearance as the purpose of public hearing is to know the concerns of the affected people and to incorporate their concerns appropriately into the Environment Management Plan (EMP). Since the environmental clearance in the instant case was granted in the year 1985 and the project is an ongoing project now nearing completion, no purpose would be achieved by way of a public hearing at this stage Constitution. Shifting of Dhari Devi Temple as part of Srinagar Hydro Electric Project (SHEP). Whether shifting of temple would hurt the religious feelings of devotees or is violative of rights guaranteed under Article 25 of the Constitution of India. Held, that no Sacred rock on which the temple exits is still kept intact and only the height of the temple is increased so that the temple is not submerged in the water, This does not affect the rights of the devotees of Dhari Devi Temple. Held, dam safety and security is a matter of paramount importance, failure of which can cause serious environmental disaster and loss of human life and property. Held, safety and security of the people is of paramount importance when a hydroelectric project is being set up and it is vital to have in place all safety standards in which public can have full confidence to safeguard them against risks which they fear and to avoid serious long term or irreversible environmental consequences. Held, muck disposal plan gives quantification of muck, identifies location and activities wherein muck is generated, during excavation and blasting operation and quantifies muck generated from the activities with relevance to disposal areas – Failure of removal of muck from the project site may also cost flooding of the project areas, causing destruction to the environment and to the life of property of the people. Proposed/ existing hydroelectric power projects on Alakhnanda and Bhagirathi rivers in the state of Uttarakhand, Whether they be given clearances. Held, cumulative impact of project components like dams, tunnels, blasting, power-house, muck disposal, mining, deforestation etc. on eco-system, is yet to be scientifically examined. Adverse effect of the existing projects, projects under construction and proposed, on the environment and ecology calls for a detailed scientific study and as appears proper Disaster Management Plan not in place. Accordingly the Ministry of Environment and Forest (MoEF) and State of Uttarakhand directed to not to grant any further environmental clearance or forest clearance for any hydroelectric power project in the State of Uttarakhand, until further orders. MoEF to constitute an Expert Body consisting of representatives of the State Government, WII, Central Electricity Authority, Central Water Commission and other expert bodies to make a detailed study as to whether Hydroelectric Power Projects existing and under construction have contributed to the environmental degradation, if so, to what extent and also whether it has contributed to the recent tragedy occurred at Uttarakhand in the month of June 2013. MoEF to examine whether the proposed 24 projects would be causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins and disaster Management Authority ofUttarakhand to submit a Report as to whether they had any Disaster Management Plan is in place in the State of Uttarakhand and how effective that plan was for combating the present unprecedented tragedy at Uttarakhand. And the above was disposed off.