No more hydro-power projects in Uttarakhand: SC R Sedhuraman Legal Correspondent New Delhi, August 13 Expressing “deep concern” over the recent tragedy caused by floods and landslides in Uttarakhand, the Supreme Court today directed the Centre and the state government not to clear any hydroelectric power project in the hilly state. “We direct the Union Ministry of Environment and Forest (MoEF) as well as the State of Uttarakhand not to grant any further environmental clearance or forest clearance for any hydro-electric power project in the state of Uttarakhand until further orders,” a bench comprising Justices KS Radhakrishnan and Dipak Misra said in a 72-page judgment. The apex court also directed the MoEF to constitute an ‘Expert Body” consisting of representatives of the state government, Wildlife Institute of India (WII), Central Electricity Authority (CEA), Central Water Commission (CWC) and other expert bodies to make a detailed study as to whether such 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 present tragedy which occurred at Uttarakhand in the month of June 2013.” The MoEF would also examine as to whether the “proposed 24 projects are causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins,” the SC said. The Bench asked the Disaster Management Authority of Uttarakhand to submit a report specifying whether it had any disaster management plan in place and if so how effective it was for combating the “present unprecedented tragedy.” All the reports sought by the SC would have to be submitted within three months, the Bench clarified. The SC said WII had, in a December 2012 report, found that of the 39 proposed power projects, 24 were significantly impacting biodiversity values in the two sub-basins - both aquatic and terrestrial and critically important habitat of rare, endangered and threatened species of flora and fauna. “We are also deeply concerned with the recent tragedy which has affected the Char Dham area of Uttarakhand….Snowfall ahead of the cloudburst also has contributed to the floods resulting in the burst on the banks of Chorabari lake near Kedarnath leading to large-scale calamity resulting in loss of human lives and property.” “The adverse effect of the existing projects, projects under construction and proposed, on the environment and ecology calls for a detailed scientific study. Proper Disaster Management Plan, it is seen, is also not in place, resulting in loss of lives and property,” the Bench said while explaining the reason for its directives. The apex court issued the directives while disposing of the appeal filed by the Alaknanda Hydro Power Company Ltd. (AHPCL) which had come in appeal against the Uttarakhand HC verdict on the construction of the Srinagar Hydro Electric Project (SHEP) located in Tehri/Pauri Garhwal district for the construction of six units of 55 MW each with a total capacity of 330MW. The company had questioned the applicability of an environment impact assessment (EIA) notification to the project for which environmental clearance had been given and approval granted by the CEA and the Planning Commission. The ruling The MoEF should constitute an ‘expert body” It should make a detailed study as to whether such power projects “existing and under construction have contributed to the environmental degradation” Disaster Management Authority of Uttarakhand to submit a report specifying whether it had any disaster management plan in place All the reports sought would have to be submitted within three months
Posted on: Wed, 14 Aug 2013 06:27:46 +0000
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