Vimal Bhai v. THDC & Ors. (O.A 197 of 2016)
The National Green Tribunal (Principal Bench) imposed Environmental Compensation of 50 Lacks on the Tehri Hydro Development Corporation Ltd (‘THDC’). for disposal of debris and muck excavated out of construction of a road from the power house of the World Bank funded Vishnugad Peepalkoti Hydroelectric Project till the Alaknanda River. The judgment as delivered in open court on 13th April, 2017 in New Delhi by NGT Chaiperson Swatenter Kumar in the matter of Vimal Bhai v. Tehri Hydro Development Corporation Ltd. The petition in this matter was moved to the NGT by Environmental Activist Vimal Bhai, who was being represented by Advocate Rahul Choudhary of Legal Initiative for Forest and Environment.
The said construction led to huge amounts of muck and debris which were directly being dumped into the river, in violation of the law of the land including the Environment (Protection) Act, 1986 and the Environment Impact Assessment Notification, 2006 as well as the Environmental Clearance conditions granted to the THDC for construction and operation of the Hydroelectric Project. The said unchecked dumping increases the risk of landslides, destabilization of slopes and damage to the river flow, as was noted in the Environmental Assessment Report prepared for the THDC Hydroelectric Project.
Noting the gross negligence in disposing muck and debris accumulated due to the project as per a prescribed muck disposal plan and the lack of due monitoring of river flow upstream and down stream of the project, the NGT not only imposed compensation of 50 Lacks but mandated that 20 Lacks out of the said amount is to be paid by the subcontractors hired for the construction, being carried out since October, 2015. Additionally, the Tribunal imposed an absolute restriction on Muck Dumping in the Alaknanda River by the Project Proponent i.e THDC. More so, as a further deterrent, the NGT made it clear that in case the muck dumping continues, an additional cost of 25 Lacks would be imposed on the THDC. The Tribunal also directed the project proponent to maintain computerized records of water samples upstream and downstream as a precautionary measure, much needed in light of the unpredictable climatic conditions which affect the Alaknanda and other rivers in the State of Uttarakhand.
Today’s judgement of National Green Tribunal on environmental degradation involved in Vishnugad-pepalkoti project is highly important and is a lesson for dam companies, World Bank, State governments and Central government.
In the course of than a year long legal battle, THDC kept repeating it’s claim of following all the environment rules and displacement and rehabilitation laws. It kept claiming that it never discharged muck in the river. But the legal bench under the Honorable justice Swatantra Singh, based on the truth finding done in the valley, held THDC guilty of discharging muck in the river.
This judgment is one of its kind and the very first against any dam company in Uttarakhand. This judgement proves that Namami Ganga project, valued 20 thousand crores, had been incompetent in conserving and preserving the natural course and state of the main river and it’s tributaries. This project has failed badly in it’s aim of protecting Ganga and it’s tributaries.
THDC kept claiming that it had never violated any environmental rules or rehabilitation laws in the Vishnugad-peepalkoti project.
Matu Jansanghatan from the start kept questioning these hollow claims of THDC.
This project is funded by World Bank and both World Bank and the dam company had been declaring that the best policies are in use in the said project.
Recently a film ‘Blind Spot’ https://www.youtube.com/watch?
Today the NGT order brought the truth out and gave us much needed support and motivation.
Now this fact is established that dam companies violate environmental laws and they are able to do it due to the patronage of the government.
If the central ministry would had been vigilant on the clearances given to the companies then the damage to the environment and the people of the valley could had been minimized.
But due to the negligence of the government, dam companies do not follow environmental rules and play with the laws. The outcome of this is visible in the form of environmental degradation and exploitation of the local people.
The intensity of the disaster of June 15-16, 2013 in Uttarakhand was increased due to the non compliance of environmental rules by the dam companies.
The same happened in Vishnuprayag and Srinagar project. In Vishnugad-peepalkoti project case it is proved that how the habit of ignoring environmental laws by the dam companies are critical to the environment and people residing in the area.
Water resources, river development and Ganga rejuvenation minister Ms. Uma Bharti also need to pay immediate attention to the aim of preserving and rejuvenating Ganga.
Dam companies are a big hindrance in Ganga rejuvenation.
Ganga cannot be rejuvenated by just repeating the words Namami Ganga.
Instead the rejuvenation work should also be concentrated on the place from where the Ganga originates.
The order of Nanital High court (20th March 2017) also gives direction to save and preserve the rivers and pointed out the bad state of the rivers and the need to work on their conservation.
We are thankful to NGT for this rational judgment.
We demand – that the state government, central government and World Bank, keeping this judgment in mind, should strengthen their vigilance bodies not just for Vishnugad-peepalkoti project but for all the hydro power project being run in the state of Uttarakhand and in the Himalayas, so that the natural flow of river is not disturbed and the river bed is preserved.