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Vimal Bhai and ors. vs. Union of India and ors.

País/Territorio
India
Tipo de la corte
Otros
Fecha
Sep 15, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
National Environment Appellate Authority
Sede de la corte
New Delhi
Juez
Kala, C.
Idioma
Inglés
Materia
Agua, Energía
Palabra clave
Energía renovable Conservación de energía/producción de energía
Resumen
Three appeals were filed under section 11(1) of the National Environment Appellate Authority Act, 1997 against three orders respectively granting Environmental Clearance in favour of National Hydro Power Corporation, NHPC, for setting up of Kotlibhel Hydroelectric Power Project (Stage 1A), (Stage 1B) and Stage -II) in the District of Tehri Garhwal of Uttarakhand . The following issues have been examined: Whether the Environment Impact Assessment Report is inadequate and violative of guidelines issued by MoEF on the subject? Whether the Public Hearing is defective with reference to Environment Impact Assessment Notification 2006? Whether carrying capacity of the rivers allows construction of these dams? While the economic and social impacts of the Project could be assessed by existing tools and techniques, methods for assessing aesthetic, religious and spiritual impact especially in the context of Holy river Ganga leave much to be desired. To have a firsthand feel of the area, the Authority took the field visit on 26-28th of May, 2010. Further, the catchment of Alaknanda and Bhagirathi has many hydro projects either proposed or completed. The current projects have therefore to be seen in the context of cumulative impact on riverine eco-system. Points raised by the appellant and responses of respondents were examined against this background. Production of power is a necessity and would benefit the country at large. However, it should not be at the cost of local community. The Authority therefore feels that a balance need to be struck between this production and the cost it is likely to inflict on the people, their sentiments and beliefs. Viewed in this background, while the two projects viz. Kotlibhel 1A and Kotlibhel II were welcomed, the massive opposition of the people both in Public Hearing and during the field visit in respect of Kotlibhel 1B was an indicator of it. For the quantum of power production, in Kotlibhel- 1B, the displacement is very high. There is strong protest against parting of their houses and lands. The stretch runs through a populated area on which people perform rituals in flowing water. Being habitat for migratory fishes like Tor and Schizothorax spp, and the habitat for otter, the area is ecologically sensitive and with storage to a length of 27.5 Km it was found to affect the riverine ecology which cannot be compensated by declaring it a ‘restricted area’ or providing hatcheries . Therefore Ministry’s Environment Clearance issued vide order J-122011/21/2007-IA.I dated 14th August 2007 to Kotlibhel Hydroelectric Project (Stage 1B) is quashed. Ministry may take note of the outcome of proposed ‘Comprehensive Ganga Basin Management Plan’ while implementing Kotlibhel-1A and Kotlibhel-II projects which are upheld.
Texto completo
COU-156143.pdf
Página web
ercindia.org